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### November 14, 2014



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### U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room W12-140 1200 NewJersey Avenue, SE Washington, DC 20590 MORRISON & FOERSTER LLP BEIJING, BERLIN, BRUSSELS, DENVER, HONG KONG, LONDON, LOS ANGELES, NEW YORK, NORTHERN VIRGINIA, PALO ALTO, SACRAMENTO, SAN DIEGO, SAN FRANCISCO, SHANGHAI, SINGAPORE, TOKYO, WASHINGTON, D.C.

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### Re: DocketNumberFAA-2014-0954-0001;

### NotusAccess Group'sPetition for Exemption Pursuant to Section 333 of the FAA Modernization andReformAct
Dear Sir orMadam: Enclosed please find Notus Access Group's Petition for Exemption Pursuantto Section 333 ofthe FAAModernization and Reform Act, and supporting documentation, related to the above referenced DocketNumber. Attachments 3-7 are submitted confidentially under 14 C.P.R. § 11.35(b) and are exempt from disclosure underthe Freedom oflnformationAct, 5 U.S.C. § 552 

### etseq. Please contact me should you need further information concerningthis petition. Very truly yours,

William V. 0'

### Connor

C:\Users\jlsl5\Desktop\O'Connor Cover Letter.docxMORRISON 

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November 12, 2014

U.S. Department ofTransportation Docket Operations, M-30 1200 New Jersey Avenue, SE 12531 HIGH BLUFFDRIVE SAN DIEGO, CALIFORNIA 92130-2040

. TELEPHONE: 858.720.5100

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Room W12-140, West Building Ground Floor Washington, DC 20590-0001 MORRISON & FOERSTER LLP BEIJING, BERLIN, BRUSSELS, DENVER, HONG KOI'G, LONDON, LOS ANGELES, NEW YORK, NORTHERN VIRGINIA, PALO ALTO, SACRAMENTO, SAN DIEGO, SAN FRANCISCO, SHANGHAI, SINGAPORE, TOKYO, WASHINGTON, D.C.

Writer's Direct Contact +1 (858) 720.7932 WOConnor@mofo.com

Re: 

### Petition of NotusAccess Groupfor an Exemption Pursuant to Section 333 of the FAA Modernization andReformActof 2012 to Operate an UnmannedAircraft System Dear Sir or Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, Notus Access Group (NAG) hereby applies for an exemption from the Federal Aviation Regulations identified below to allow for the commercial operation ofthe InstantEye Mk-2 small unmanned aircraft system manufactured by Physical Sciences Inc. I. 

### REGULATIONS FORWHICHEXEMPTIONIS REQUESTED NAG requests exemption from the following regulations: 

## • 14 C.F.R Part 21, Subpart H; 

## • 14 C.F.RPart 27; 

## • 14 C.F.R § 45.23(b); 

## • 14 C.P.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)

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• 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 NAG Operations, Inspection, and Maintenance Manual, the NAG Flight Operations Areas Manual, the InstantEye Mk-2 Training Manual, and the InstantEye Mk-2 Operator Training Guide (together, the NAG Manuals). The NAG Manuals are submitted as confidential under 14 C.P.R.§ 11.35(b), as they contain commercial and proprietary information that NAG has not and will not share with others, is not available to the public, and is protected from release underthe Freedom of Information Act, 5 U.S.C. § 552 

### etseq. II. STATUTORYAUTHORITY FORREQUESTED EXEMPTIONS This petition for exemption is submitted in accordance with Section 333 ofthe Reform Act. Congress has directed the FAA "to safely accelerate the integration ofcivil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 ofthe Reform Act, the FAAAdministrator is to permit operation ofan unmanned aircraft system where it does not create a hazard to users ofthe national airspace system (NAS) orthe public or pose a threat to national security based on the following considerations:
• The size, weight, speed and operational capability; • Operation in proximity to airports andpopulated areas; and • Operation within visual line ofsight ofthe operator. Furthermore, 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, 

### etseq. 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 orhow it would provide a level ofsafety at least equal to the existing rules. 14 C.F.R. § 11.81. 

### III. DESCRIPTION OFNOTUS ACCESS GROUP AND ITS SERVICES Notus Access Group ("NAG") is a privately held company with its headquarters in Newport, Washington. NAG performs inspections, maintenance, and repairs on wind turbine blades and towers for the renewable energy industry. These services are performed in a manner to

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minimize downtime ofthe wind turbine generator. The NAGteam brings over 17 years of combined experience in the renewable energy industry. NAG services are traditionally performed using rope access and aerial inspection methods. A picture demonstrating traditional rope access for wind turbines is shown below in Figure A. 

### FigureA: TraditionalRopeAccess for Wind Turbines

The contact information for the petitioner, NAG, is as follows:

sd-652139Jeremiah Skirvin President Notus Access Group 5022 Northshore Diamond Lake Rd. Newport, WA 99156 Tel (800) 949-1646 jskirvin@notusaccessgroup.com C/0 William V. O'Connor William D. Janicki Joanna L. Simon Morrison & Foerster LLP 12531 High BluffDrive San Diego, CA 92130 Tel(858)720-5100 WOConnor@mofo.com WJanicki@mofo.com JoannaSimon@mofo.comMORRISON 

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U.S. Department ofTransportation November 12, 2014 Page Four



### IV. DESCRIPTION OF PROPOSED OPERATIONS NAG is requesting exemptions from applicable Federal Aviation Regulations (PARs) pursuantto Section 333 ofthe Reform Actto perform aerial inspections ofwind turbine blades and towers used in the renewable energy industry. 

### A. TheInstantEyeMk-2 NAGwill operate the InstantEye Mk-2 manufactured by Physical Sciences Inc. The InstantEye Mk-2 is a battery-operated quadcopter that can be hand launched and recovered by a single person with a maximum flying time of20 to 30 minutes. The vehicle weighs approximately one pound with a camerapayload and is about 10 inches wide. The aircraft groundspeed will be less than 25 mph, and it will operate at or below 500 feet AGL. The InstantEye Mk-2 manufacturer's specifications are shown below in Figure B: 

### Figure B:InstantEyeMk-2Manufacturer's Specifications lnstantEye Mk2Gen3 Vehicle Weight: 320 (dry) Size: 25cm width (10in) Video: 3 real-time cameras (standard) Latency:< 0.01s Control:Autonomous I Supervisory I Manual Range: 600-1400 m Speed: 35 mph autonomous. 55 mph manual Endurance: >30 minutes (payload dependent) Ceiling: <12,000 ft MSL Max Wind: >30 (steady) Max Payload: 450 grams(2Ah), 300 grams (4Ah) Lost Link: Automatic return to GCS Operating Conditions: All Weather, OF -120F Battery: 2Ahi4Ah 11.1V LiPo. Battery Recharge lime: 60minutes (4Ah) Battery Swap lime: <60 seconds Motor/Prop Replace lime: <2minutes AirWorthiness Release Certified: Yes Federal Aviation Administration Certification: Experimental (certification required for individual vehicles)

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The InstantEye Mk-2 is shown below in Figure C. 

### Figure C: InstantEyeMk-2

B. Prior Operational Approval ofthe InstantEye Mk-2 The InstantEye Mk-2 received an Airworthiness Release from the U.S. Army Special Operations Command for approved operations in the NAS and in combat operations. (See AWR# IEMK220130521, Attachment 1.) The InstantEye Mk-2 received an exemption for operation in the NAS with conditions and limitations stipulated in Special Airworthiness Certificate in the Experimental Category and the Certificate ofWaiver orAuthorization (COA) issued to the San Diego Gas & Electric Company. (ExemptionNo. 10968, Regulatory DocketNo. FAA-2013-1127, Attachment 2) Based on the operational approvals mentioned above, the InstantEye Mk-2 has developed a substantial safe operational history. 

### C. NAG's Proposed Operations Demonstrate an EquivalentLevel of Safety 1. 

### General Description ofProposed Flight Operations NAGproposes to operate within the limitations and performance specifications listed in the NAG Manuals, which are summarized below. These limitations provide for at least an equivalent, or higher, level ofsafety for operations under the currentregulatory structure because the proposed operations represent a safety enhancementto the already safe protocols currently used for the inspection ofwind turbine blades and towers. The proposed operations do not create any hazard to users ofthe national airspace system or pose a threatto national security. The aircraft is an electric quad-rotor aircraft weighing approximately one pound including payload. Itoperates at a speed ofno more than 25 mph, will only be operated in the visual line ofsight (VLOS) ofthe pilot in command, and will remain at orbelow 500 feet AGL. The requirement for clearance up to 500 feet AGL is

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necessitated by the size ofthe wind turbines, which can vary greatly in size and may reach as high as 150 meters, or492.126 feet AGL, when the blades are positioned vertically. Figure D, below, shows the varying sizes ofexemplar wind turbines. 

### FigureD: Wind Turbine Size

Manned aircraft are at risk offuel spillage and fire in the event ofan incident or accident. The InstantEye Mk-2 carries no fuel, and therefore the risk offire following an incident or accident due to fuel spillage is eliminated. Compared to manned aircraft, the unmanned aircraft 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 ofthe InstantEye Mk-2. NAG's inspection operations will be in remote areas at least 5 miles from any airport and away from population centers. The InstantEye Mk-2 will be operated on wind farms, which are remote from population centers and airports, with permission from the owners ofthe facilities being inspected. Moreover, wind turbine towers and wind farms are already subject to obstruction marking, lighting and notification requirements set forth by the FAA. The FAA has determined that the risk ofnothaving an electronic means to monitor and communicate with other aircraft, such as transponders or sense and avoid technology, is mitigated by placing limits on altitude, requiring stand-offdistance from clouds, permitting daytime operations only, and requiring thatthe aircraft be operated within visual line ofsight and yield right ofway to all other manned operations. Additionally, the operator will request

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### U.S. Department ofTransportation November 12, 2014 Page Seven

a NOT AMprior to operations to alert other users ofthe NAS. See Exemption No. 11062, DocketNo. FAA 2014-0352, at p. 13. The petitioner's aircraft has the capability to operate safely after experiencing certain inflight failures. The aircraft is also able to respond to a lost-link event with apre-coordinated, predictable, automated flight maneuver. 2. 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, NAG's proposed operations using the InstantEye Mk-2 would "not create a hazard to users ofthe national airspace system or the public orpose a threat to national security." Reform Act Section 333(b)(1). 1. 

### The aircraft is approximately one pound with the camera payload. 2. The 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 ofsight ofthe pilot in command (PIC). 4. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by PIC. 5. Maximum flight time for each operational flight will be 30 minutes. 6. The aircraft will be safely landed with no less than the greater of(a) 20% battery life remaining or (b) five minutes offlight time remaining. 7. The aircraft will be operated during daylight and in VFR conditions. 8. Flights will not exceed 500 feet AGL, so as to accommodate inspections of wind turbines. 9. Flights will be operated at a lateral distance ofat least 50 feet from any persons or property not associated with the operation who have not given priorpermission. 10. Flights will be limited to a groundspeed of25 mph and vertical ascent will be limited to 20 mph. 11. Minimum crew for each flight will consist ofa PIC and an Observer.

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12. The PIC will possess at least a private pilot certificate, a third class medical certificate, and will have completed NAG's Basic Operator Course for the InstantEye Mk-2, which is equivalent to the two-day course offered by the manufacturer, Physical Sciences Inc. 13. 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. 14. The flight operations will yield the right ofway to other manned aircraft operations. 15. All persons who are not involved with NAG's operations will be required to be at least 500 feet from flight operations. 16. The aircraft will only operate within the wind farms depicted in the operating area as shown by the maps included in Attachment 3. 17. NAGwill provide NOTAM details to the FAA 24 hours prior to each flight. 18. All required permissions and permits will be obtained from territory, state, county or cityjurisdictions priorto flight. 19. Prior to commencing operations, NAG will obtain a Certificate ofWaiver or Authorization (COA) from the FAA. 20. Written or oral permission from the relevant property owners will be obtained prior to flight. 21. Ifthe aircraft loses communications, it will have the capability to return to a pre-determined location within the operational area and land. 22. Ifthe aircraft loses its GPS signal it will have the capability ofbeing flown manually to a predetermined location within the operational area and land. 23. The flight will be aborted in case ofunpredicted obstacles or emergencies. 24. Each flight will be recorded in an Operations Log Book. 25. Maintenance on the aircraft will be recorded in a Maintenance Log Book.

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### 3. FlightRecovery, Lost Communications, and Lost GPS Procedures The flight recovery, lost communications, and lost GPS procedures are fully documented in the attached InstantEye Training Manual. (Attachment 4) The lost communications functionality has been extensively tested and is used operationally. (See AWR# IEMK220130521, Attachment 1.) 

### 4. Proposed Flight Areas in Designated Wind Farms NAG is requesting to operate in designated wind farms identified in the NAG Flight Operations Areas Manual. (See Operating Areas, Attachment 3.) 

### V. SPECIFIC FAREXEMPTIONS REQUESTED NAG seeks an exemption from several interrelated provisions of 14 C.P.R. Parts 21, 45, 61, and 91 for purposes ofconducting the requested operations using the InstantEye Mk-2. Listedbelow are (1) the specific FAR sections for which exemption is sought, and (2) the operating procedures and safeguards thatNAG 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). 

### A. 14 C.F.R. Part 21, SubpartH- Airworthiness Certificates and 14 C.F.R. 

### § 91.203(a)(1) The FAA has stated that no exemption is needed from this section ifa finding is made under the Reform Act thatthe UAS selected provides an equivalent level ofsafety when compared to aircraft normally used for the same application. These criteria are met, and therefore no exemption is needed. See Grant ofExemption to Astraeus Aerial, DocketNo. FAA 2014- 0352 at 13-14,22. If, however, the FAA determines that there are some characteristics ofthe InstantEye Mk-2 that fail to meet the requirements ofthe Reform Act, an exemption is requested. 

### EquivalentLevelof Safety: The InstantEye Mk-2 is safe when taking into account its size, weight, speed, operational capability and prior approvals by the FAA and the U.S. Army Special Operations Command. The InstantEye Mk-2 weighs approximately one pound and will be flown at speeds less than 25 miles per hour, in visual line ofsight ofthe operator, and in remote and unpopulated airspace. The InstantEye Mk-2 does not carry pilots, passengers, explosive materials, or flammable liquid fuels. The InstantEye Mk-2 will be operated within the parameters ofthe NAG Manuals.

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### U.S. Department ofTransportation November 12, 2014 Page Ten
NAG will also provide the FAA with advance notice ofall operations viaNOTAM and coordination with the local FSDO. The proposed operations will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate withoutthe restrictions and conditions proposed here. The proposed operations will also be as safe, or saferthan, traditional wind turbine inspection methods using rope access. B. 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 extentthe InstantEye Mk-2 would otherwise require certification under Part 27, NAG 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. C. 

### 14 C.F.R. 

### §§ 45.23(b), 45.27(a) and 91.9(c): AircraftMarking and Identification Requirements 14 C.P.R. §45.23(b), Markings ofthe 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.P.R.§ 45.27(a) states: Rotorcraft. Each operator ofa rotorcraft must display on that rotorcraft horizontally on both surfaces ofthe cabin, fuselage, boom, ortail the marks required by § 45.23. 14 C.P.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 ofthis chapter. In a previous Grant ofExemption, the FAA determined that exemption from these requirements was warranted provided thatthe aircraft "have identification (N-Number) markings in accordance with 14 CFRpart45, Subpart C ifthe markings are "as large as practicable." See 

### Exemption No. 11062, DocketNo. FAA 2014-0352, at p. 14.

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### EquivalentLevelof Safety: NAG will mark all InstantEye Mk-2s with theirN-Number in a prominent spot on the fuselage with markings that are as large as practicable. 

### D. 14 C.F.R. 

### § 61.113: Private PilotPrivileges andLimitations NAG seeks exemption from 14 CFR 

### § 61.113, which restricts private pilots from flying aircraft for compensation orhire and would also require a second class medical certificate. The purpose ofPart 61 is to ensure that the skill and competency ofany PIC matches the airspace in whichthe PIC will be operating, as well as requiring certifications ifthepilot is carrying passengers or cargo for hire. While the InstantEye Mk-2 will be operated as part ofa commercial operation, it carries neither passengers nor cargo. In the Grant ofExemption in FAA DocketNo. FAA-2014- 0352, the FAA determined that the unique characteristics ofUAS operation outside of controlled airspace did not warrantthe 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 PIC will possess at least a private pilot certificate, a third class medical certificate, and will have completed NAG's Basic Operator Course for the InstantEye Mk-2, which is equivalent to the course offered by the manufacturer, Physical Sciences Inc. This is a 2-day program that includes ground school and flight training. This course has been approved by the U.S. Army Special Operations Aviation Command. See InstantEye Training Manual and InstantEye Mk-2 Operator Training Guide for more information on this course. (Attachments 5 and 6) The FAA stated in its grant ofan 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 VAS-specific flight cycles, flight time, and specific make and model experience, culminating in verification through testing." See ExemptionNo. 11062, DocketNo. FAA 2014-0352, atp. 18. The proposed operations can achieve an equivalent level ofsafety by requiring the knowledge and experience in InstantEye Mk-2 operations described above. Furthermore, the security screening conducted by the Transportation Security Administration ofcertificated airmen satisfies the statutory requirement ofSection 333 for operations to not pose a threat to national security. The restrictions NAG has placed on its InstantEye Mk-2 operations meet or exceed the restrictions similarly imposed on Astraeus Aerial in FAA DocketNo. FAA-2014-0352. NAGwill operate in a restricted area way from persons and property not involved in the

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### U.S. Department ofTransportation November 12, 2014 Page Twelve operation. The aircraft will be flown based on VLOS at or below 500 feet AGL, so as to accommodate inspections ofwind turbines. A NOT AM will be issued at least 24 hours before the flight is to occur, and the flight will be coordinated with the applicable FSDO. E. 14 C.F.R. §91.7(a): CivilAircraftAirworthiness 

### NAG seeks an exemption from 14 C.P.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 extentthat the requirements ofPart 21 are waived or found inapplicable. Accordingly, NAG requests that the requirements for Section 91.7 be treated in accordance with FARPart 21 Subpart H. See 

### Grant ofExemptionNo. 11062, p. 19. F. 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.P.R.§ 91.9(b)(2): (b) No person may operate a U.S.-registered civil aircraft- (2) Forwhich an Airplane or Rotorcraft FlightManual is required by § 21.5 ofthis 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.P.R.§ 91.203(a) and (b): (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate
... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis 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. NAG does not request an exemption from this section but instead notifies the FAA that, in accordance with FAA Office ofChiefCounsel'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 ChiefCounsel's Office has held that for all UAS

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### See also Grant ofExemption No. 11062, pp. 19-20, and Grant ofExemptionNo. 8607. 

### G. 14 C.F.R. § 

### 91.103: Preflight Action NAG seeks an exemption from 14 C.P.R.§ 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the FAAapproved Flight Manual on board the aircraft. The aircraft will nothave a FlightManual on board. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoffdistances and aircraftperformance databefore initiation offlight. Under these circumstances, the FAA has stated that no exemption is required. See Grant of ExemptionNo. 11062, p. 20. An exemption is requested to the extent that an FAA-approved FlightManual is required. 

### EquivalentLevelof Safety: An equivalent level ofsafety will be provided by following the NAG Manuals. The PIC will take all required preflight actions

- including performing all required checklists and reviewing weather, flight requirements, battery charge, landing and takeoffdistance, aircraftperformance data, and contingency landing areas - before initiation offlight. The NAG Manuals will be kept at the ground station with the operator at all times. 

### H. 14 C.F.R. §

### 91.109(a): FlightInstruction NAG seeks an exemption from 14 C.P.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 ofa Ground Control Station (GCS) that communicates with the aircraft via radio communications. 

### EquivalentLevelof Safety: When flight instruction is performed, no pilots will be on 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 ofthe InstantEye Mk-2, an equivalent level ofsafe training can still be performed without dual controls because no pilot orpassengers 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, NAG will conduct flight training at a remote facility away from population centers. These training flights will be conducted in a sterile area and will otherwise comply with the provisions in the NAG Manuals. Accordingly, NAG's proposed method ofoperation provides superior levels of safety.

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I. 

### 14C.F.R. 

### §91.119(c): Minimum SafeAltitudes in Uncongested Areas NAG 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 closerthan 500 feet to any person, vessel, vehicle, or structure. NAG's Manuals provide for operations on wind farms away from congested populations areas, but in close proximity to wind turbines and towers. The FAA has already determined that relieffrom Section 91.119(c) is warranted for UAS operations in uncongested areas with similar flight restrictions as those imposed by NAG. See Grant ofExemptionNo. 11062, p. 20-21. 

### EquivalentLevelof Safety: Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack offlammable fuel, any risk associated with these operations is far less than those thatpresently exist with conventional aircraft. An equivalent level ofsafety will be achieved given the size, weight, and speed of the InstantEye Mk-2, as well as the location where it is operated. In order to avoid any riskto aircraft, flight operations will be restricted to 500 feet AGL orbelow. Other aircraft are already prohibited from operating closer than 500 from the wind turbine structures where NAGproses to operate. This is airspace where other aircraft do not normally operate. As set forth in the NAG Manuals, the InstantEye Mk-2 will be operated in remote areas, away from persons or structures not involved in the operation. All persons who are not involved with NAG'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. Attachment 3 includes maps ofthe wind turbine areas where NAG proposes to operate. 

### J. 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 ofthe departure airport. The InstantEye Mk-2 uses both barometric pressure sensors and GPS to determine altitude but does not have the ability to set in a current altimeter setting. An exemption is required to the extentthat the InstantEye Mk-2 does not have a barometric altimeter setting. The altitude ofthe aircraft is monitored by the PIC onthe ground control station and by the visual observer. 

### EquivalentLevelof Safety: The FAA has stated that an equivalent level ofsafety can be achieved ifthe aircraft will be operated at orbelow 400 feet AGL and within visual line-ofsight in addition to GPS based altitude information relayed in real time to the operator. See Grant ofExemption No. 11062, p. 20-21. As the attachedNAG Manuals indicate, the InstantEye Mk-2 will be operated at orbelow 500 feet AGL and otherwise complies with the limitations in the Grant ofExemptionNo. 11062.

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K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions NAG requests an exemption from 14 C.P.R.§ 91.151(a)'s fuel requirements for flight in VFRconditions. Section 91.151 states: (a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed

- (1) During the day, to fly after that for at least 30 minutes; or (2) Atnight, to fly after that for at least 45 minutes. Here, the technological limitations on InstantEye Mk-2 battery power means that no meaningful flight operations can be conducted while still maintaining a 30 minute reserve. The aircraft is battery powered with a maximum flight time of20 to 30 minutes. NAG proposes that the maximum flight time for each operational flight will be 30 minutes. The aircraft will be safely landed with no less than the greater of(a) 20% battery life remaining or (b) five minutes offlight time remaining. 

### EquivalentLevelof Safety: The FAA has stated that an equivalent level ofsafety is provided ifthe UAS flight is conducted under daytime VFR flight conditions using VLOS, and terminated with at least 25% reserve battery power still available. See Grant ofExemption No. 11062, p. 21-22. The NAG Manuals providing an equivalent level ofsafety by safely landing with no less than the greater of(a) 20% battery life remaining or (b) five minutes of flight time remaining and otherwise complying with the flight restrictions above. L. 14 C.F.R. §§ 91.405(a), 91.407(a)(I), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections NAG seeks an exemption from the maintenance inspection requirements contained in 14 C.P.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.P.R. Part 43. See, e.g., 14 C.P.R.§ 91.405(a) (stating that each owner or operator ofan aircraft "[s]hall have the aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections
... have discrepancies repaired as prescribed in part 43 ofthis chapter"). An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the InstantEye Mk-2 will not have.

sd-652139\ I J MORRISON 

# I FOERSTER
U.S. Department ofTransportation November 12, 2014 Page Sixteen 

### EquivalentLevelof Safety: An equivalent level ofsafety will be achieved because maintenance and inspections will be performed in accordance with the NAGManuals. This includes maintenance, overhaul, replacement, and inspection requirements for the aircraft and procedures to document and maintain maintenance records for the aircraft. This also includes preflight inspection procedures. See Exemption No. 11062, DocketNo. FAA 2014- 0352, at p. 14-15. As provided in the NAG Manuals, flights will not be conducted unless a flight operations checklist is performed that includes all ofthe aircraft's components. TheNAGManuals also set requirements for maintenance log books and record keeping as well as routine and postflight maintenance. The NAG Manuals set requirements for both annual maintenance and preventative maintenance. 

### VI. PUBLIC INTEREST Granting NAG's petition for exemption furthers the public interest. National policy set by Congress favors early integration ofUAS into the NAS in controlled, safe working environments such as those proposed in this petition. By granting this petition the FAA will fulfill Congress's intent ofallowing UAS to operate safely in the NAS before completion of the rulemaking required under Section 332 ofthe Reform Act. In addition, unmanned aircraft operations could replace the use ofrope access or helicopters and small aircraft to monitor wind turbines. Traditionally, monitoring and inspection ofthe turbines involves an individual using either a manned aircraft or rope access to climb the large tower in orderto visually inspectthe turbine's blades for edge erosion, moisture intrusion, freeze/thaw cycling and lightning strikes, among other damage. Knowing the condition ofthe turbine's blades is essential to maximizing blade life. Thus, the inspections are intended to ensure thatwind generation as a whole is both safe and reliable. Yetperforming this vital activity presents significant riskto the individual climbing the turbine or operating the manned aircraft in the vicinity ofthe turbines. For example, a 2011 newspaper article regarding wind and solar-powered installations noted accidents involving wind turbines have tripled in the last decade. At least 78 wind-turbine related fatalities have occurred since the 1970s, with more expected as wind installations spread. 1 Use ofan unmanned aircraft, like NAG's proposed used ofthe InstantEye Mk-2 would significantly reduce the risk associated with turbine inspection.

1 "More Accidents Feared as Wind, Solar-Powered Installations Spread," 8/14/2011 Los Angeles Times article located online at http:/ /www.toledoblade.com/Energy/2011/08/14/More-accidents-feared-as-wind-solar-powerinstallations-spread.html.

sd-652139MORRISON 

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U.S. Department ofTransportation November 12, 2014 Page Seventeen
The InstantEye Mk-2 is approximately one pound, carries no passengers or crew, has no flammable fuel, as opposed to larger and more powerful helicopters and small airplanes. The public has an interest in reducing the hazards and emissions associated with alternate use ofhelicopters and small airplanes to conduct similar inspection operations. Additionally, NAG's intended uses for the InstantEye Mk-2 have real-world benefits for the renewable energy industry and the public at large. NAGs will be able to inspect and survey wind turbine blades and towers supporting the renewable energy industry. The use ofthe InstantEye Mk-2 will also reduce the risks to human life associated with the traditional use of rope access for these operations. This program may prevent accidents and injuries, and there is a strong public interest in making these operations more safe and effective through the use ofUASs. 

### VII. PRIVACY All flights will occur on remote wind farms overprivate or controlled access property with the property owner's prior consent. All flights will be conducted in accordance with any federal, state or local laws regarding privacy. 

### VIII. SUMMARY FORFEDERAL REGISTER Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined thatpublication is needed: Notus Access Group seeks an exemption from the following rules for the commercial operation ofa small unmanned aerial system to inspect wind turbine blades and towers for the renewable energy industry: 14 C.F.RPart 21, Subpart H; 14 C.F.RPart 27; 14 C.F.R § 45.23(b); 14 C.P.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 enhance safety by reducing risk to the operator, the general public and property owners from the substantial hazards associated with performing equivalent work using traditional rope access or using conventional aircraft and rotorcraft.

sd-652139) MORRISON 

# I FOERSTER


### U.S. Department ofTransportation November 12, 2014 Page Eighteen



### IX. ATTACHMENTS Attachment 

### 1: AWR# IEMK220 130521 Attachment 2: Exemption No. 10968, Regulatory DocketNo. FAA-2013-1127 Attachment 3: NAG Flight Operations Areas- submitted confidentially under separate cover. Attachment 4:

Attachment 5:

Attachment 6:

Attachment 7: NAG Operations, Inspection, and Maintenance Manual- submitted confidentially under separate cover. InstantEye Mk-2 Training Manual- submitted confidentially under separate cover. InstantEye Mk-2 Operator Training Guide- submitted confidentially under separate cover. InstantEye Mk-2 Specifications- submitted confidentially under separate cover. Attachments 3 through 7 are confidential documents submitted under 14 C.P.R.§ 11.35(b) and are exempt from disclosure under the Freedom oflnformationAct, 5 U.S.C. § 552 et seq., and any other requirements established by the FAA pursuantto Section 333 ofthe Reform Act). Ifyou have any questions orrequire any additional information, please do nqt 

### hesitate to contact the undersigned attorneys for Notus Access Group. 

### X. CONCLUSION Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act- size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line ofsight, and national security considerations

- provides more than adequatejustification for the grant ofthe requested exemptions to permitNAG to operate the InstantEye Mk-2 for inspections ofwind turbine blades and towers for the renewable energy industry. Granting the requested exemption will benefit the public interest as a whole in many ways, including (1) significantly improving safety and reducing risk by alleviating human exposure
sd-652139MORRISON 

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U.S. Department ofTransportation November 12, 2014 PageNineteen

to danger, and (2) improving the quality ofservices and decreasing operating costs compared with traditional rope access or conventional flight operations.

sd-652139 Respectfully submitted, Morrison & FoersterLLP Counsel for Notus Access Group By William V. 0'Connor William D. Janicki Joanna L. Simon Morrison & Foerster LLP 12531 High BluffDrive, Suite 100 San Diego, CA 92130-2040 Telephone: (858) 720-5100 Facsimile: (858) 720-5125 woconnor@mofo.com wjanicki@mofo.com joannasimon@mofo.com.. \)



# Attachment 1 )

### RDMR-AEV DEPARTMENT OF THEARMY US ARMY RESEARCH, DEVELOPMENTAND ENGINEERING COMMAND AVIATION AND MISSILE RESEARCH, DEVELOPMENT, AND ENGINEERING CENTER 5400 FOWLER RD REDSTONE ARSENAL, AL 35898-5000 AWRIEMK220130521 21 May 2013
MEMORANDUMFOR: COL Aviation (ARSOA), 2929 Desert ofStaff, Army Special Operations ort Bragg, NC 28310-9110. SUBJECT: Airworthiness Release (A WR) for OperationofUAS quad-rotor InstantEye known as IEMP Gen2 and Gen3 (TN 123556).
1. Scope: This memorandum constitutes a QualificationLevel 3 Airworthiness Release (A WR) for the IEMK2 Gen2 and Gen3 to Army G-3 UAS Program Managerfor operations in active restricted airspace, inaccordance with "Memorandum ofAgreement for Operation of UnmannedAircraft Systems inthe National Airspace System" (Appendix D-4) and Combat Operations. 2. Validity: This Airworthiness Release (A WR) terminates 30 May 2015 orupon change in configuration ofthe subjectequipment, oruponissuance ofa laterAWR; whicheveroccurs first. This AWRapplies to IEMK2 Gen2 and Gen3UAS aircraft withthe following interchangeablepayloads 1.) IR Illumination 2.) Thermal Imaging and 3.) EjectorRackthat are owned and/or operated by the ARSOA. 3. Appendices: This memorandum andits appendices shallbebriefed to flight crewpriorto flight operations, carried inthelogbooks and presentin controlling Ground Control Station (GCS).Appendix A

- Restrictions and OperatingInformation Appendix B

- Configuration andInstallation Detail Appendix C

- Inspections, Maintenance, and Logbook Instructions Appendix D

- Reference List

Director Aviation Engineering
FOROFFICIALUSE ONLY
Printedon 

# (i):ecycled Paper

# ) RDMR-AEV 21 May2013 SUBJECT: Airworthiness Release (A WR) IEMK2 Gen2 and Gen3UnmannedAircraft System {UAS) (TN 123556). 

### Appendix A- Restrictions and Operating Information: WARNING The IEMK2Gen2and Gen3 UAS have not completed

### full airworthiness qualification. All flight operations shall be conducted in a mannertominimize exposure to manned aircraft, populated ground areas and roadways. It shall not beflown across or adjacent to any inuse by vehicles
.. WARNING The IEMK2 Gen2 and Gen3 UAShave not undergone complete electromagnetic environmental effects (E3) testing. The aircraft may experience erroneous datareports, and/or loss ofcontrol ofaircraft, and/or loss ofcontrol ofpayload. Operators shall avoid sources ofelectromagnetic fields such

### as butnot limited to transmitters, power lines, and cell towers. WARNING The IEMK2 Gen2 and Gen3UAS Ground Control Station (GCS) have not undergone Human-Machine Interface {HMI) evaluation. Theperformance, accuracy and efficiency ofthe GCS are unknown. The system shouldbe used withextreme caution. WARNING TheIEMK2 Gen2 and Gen3 UAS do nothave a sense and avoid system. Midaircollisionis a risk. All flight operations shall be conducted to ensure that minimum separation standards are maintained. WARNING Operationinand aroundpersonnel hasthepotential to cause injury; however thepotential to cause serious injury is low. Operations should maintain safe stand-offdistance from personnel, manned aircraft androadways in use. CAUTION The IEMK2 Gen2 and Gen3UAS havenotbeen fully tested for the effects of lightning. Aircraftflight operations shouldproceedwith cautionwhen lighting activityis present.



### 2RDMR-AEV 21 May 2013 SUBJECT: Airworthiness Release (A WR) IEMK2 Gen2 and Gen3Unmanned Aircraft System (VAS) (1N 123556). CAUTION The IEMK2 Gen2 and Gen3UAS have notbeenqualified forthe effects of precipitation. Flightoperations shouldproceed withcaution whenmeasureable precipitationactivity ispresent withinthe operational area. CAUTION The IEMK2 Oen2 and Gen3UAS have notbeen qualified to MIL-STD-8100 environmentaltemperature extremesto demonstrate the equipment function satisfactorily/safely. Therefore; the system may not operate ormaycease operationwhen exposed to extreme temperatures, rapid decompression, and other non-standard climatic conditions. 

### Ifconditions are enteredthat are outside ofpastexperience,proceedwith caution. CAUTION The IEMK2 Gen2 and Oen3 UAS have notbeen qualifiedto MIL-STD-8100 environmental temperature extremes. The aircraft shall not operate at altitudes ortemperature conditionsbeyond whichthe batteries can safelyprovidepower to the aircraft. Thebattery system shall be capable ofproviding adequate power to descend and land at an alternate ditching location. 

### 1. The aircraft operatinginstructions, procedures, and limitations shall beinaccordance with IEMK2 Gen2 and Oen3 UAS InstructionManual (D-1), Safety Release for InstantEye Unmanned Aircraft System (D-2), , Memorandum ofAgreement (MOA) for UnmannedAircraft Systemsin the National Airspacebetweenthe FAAand DoD (D-4), InstantEye OperatorTraining Manual (D-5), InstantEyeMk-2 Configurationdocument (D-6), InstantEyeMk-2 Payload Configuration (D-7)andthisAWR. 

### In the event ofconflictbetweenthese documents, the information inthisAWRshallprevail. 2. Flight ofthe IEMK2 Oen2 and Gen3UAS is restrictedtoVisual Meteorological Conditions (VMC). WARNING The IEMK2 Oen2 andGen3UAS have notundergone Explosive Atmosphere testing. A serious fire orexplosionmayresult ifthe aircraft ispoweredwhile flammable vapors arepresentduring ground orflight operations. The precautionsinparagraph 3 ofthis appendix shallbeobservedinorderto ensure safe operations. 3. Dueto lack ofSafety ofFlight (SOF) Explosive Atmospheretesting, the following precautions shall be observedinorderto ensure safe flight:



### 3

### ) RDMR-AEV 21 May2013 SUBJECT: Airworthiness Release (A WR)IEMK2 Gen2 and Gen3UnmannedAircraft System (UAS) (TN 123556).

a. The aircraft and GCS shall beun-powered iflocatedless than 50ftto any refueling/defueling operations. b. Lithium-Polymer (Li-Po) batteries

### are a revolution inbattery technology and require special handling due to their extremelyhighcapacity. Donotrecharge batteries near flammable materials.

c. Ground operations ofthe aircraft shall beconducted atthe greatest distance practical (no less than 50ft) from all other aircraft andfuel depots. 4. Use ofdatalinks is limitedto approvefrequencies for all ground and flight operations. Datalink frequencies shallbe de-conflicted through the local frequency manager/coordinator priorto conducting operations. 5. Anappropriate Lost Link ReturnHome Pointshall be set suchthat the aircraft will notexit the approved operational airspace during lostlinkflight. 

### 6. Whenthe aircraft is poweredup itautomatically sets thatlocation as its returntobase (RTB) coordinates. The system should be powered onat a suitable for RTB while the poweris on. 7. Any procedural deficiencies orflight anomalies detected during operations shall be corrected, annotated, and reported to the POC listedin paragraph4 ofthis AWR. 8. Antennaepatterns andnulls havenotbeenfully evaluated. The command andcontrol link margin should be monitored closely until antennaperformancehasbeenvalidated and nulls are identified. 9. Commander's"Comer: The IEMK2 Gen2 and Gen3UAS UnmannedAircraft System (UAS) has beenissued an Airworthiness QualificationLevel (AQL) 3 lAWAED SOP 70-62UAS andhas notmetfull airworthiness qualification orreliabilitydemonstrationrequirements. AQL 3 is notbased on traditional airworthiness substantiationfrom testdataoranalyses, and is issued for expendable 

### VAS that are intended to regularlyoperateinRestrictedAirspace and small UAS that intend to operate incombat zones. These UAS arenotdesignedto acceptedengineering standards and/or do notpossess adequate engineering datato determinetheir compliancewith acceptance standards. The datarequirements for AQL 3 directly correlate totheproposedoperational restrictions, areaofoperation, and allowed usage oftheUAS. These systemshave undergone a systemlevel safety assessment thatidentifiesthe hazards for the intendedoperations. The AQL 3 AWR applies restrictionsto mitigatethehazards identified 

### inthe system safety documentation. Ifthe hazards cannotbemitigatedthrough restrictions, the associated risk mustbeaccepted atthe appropriate levelbeforetheAWRis issued IA W AR 70-62.



### 4RDMR-AEV \ ) 

### \ ) 21 May2013 SUBJECT: Airworthiness Release (A WR) IEMK2 Gen2 and Gen3Unmanned Aircraft System (UAS) (TN 123556).

A signedriskdetermination was provided to AED byHeadquartersUnited States Army Special Operations Aviation CommandMemorandumfor US ArmyResearch Development Engineering CommandAviation and MissileResearch, DevelopmentandEngineering Center, RDMR-AEV, InstantEyeRiskDetermination(D-3)



### 5RDMR-AEV "\ ) 21 May2013 SUBJECT: Airworthiness Release (A WR) IEMK2 Gen2 and Gen3UnmannedAircraft System (UAS) (TN 123556). Appendix B - Configuration and Installation Detail: Approved configurations for Instant Eye Mk.-2 Gen2 and Gen3 is perreferences, Instant Eye Mk-2 ConfigurationdocumentD-6 andInstant Eye Mk-2 Payload ConfigurationD-7.



### 6RDMR-AEV ""\, ! 21 May 2013 SUBJECT: Airworthiness Release (A WR) IEMK2 Gen2 and Gen3UmnannedAircraft System (UAS) (TN 123556). Appendix C - Inspections, Maintenance, and Logbook Instructions: 1. Inthe event anyoperatinglimit, orlimits establishedbythisrelease are exceeded, itis recommended thatin additiontothe nonnal entry inflight logall limitsthat were exceeded shall be entered/noted and appropriate inspections shall beperfonnedpriorto nextflight. 2. Aircraft LogbookEntries:
a. A copy ofthis AWR shall be inserted inthe logbook and the following entry shall be noted: "Operate within limitations andrestrictions specified inthe enclosedAirworthiness Release dated 21 May 2013." b. A weight andbalance record (fonn DD365 recommended) shall bemaintained and kept onfile in each aircraft's log book and weight and balancebookmaintained bythe operator.
c. Ifa hard landing event occurs, makethe following entry: "Perfonnvisual inspection ofaircraft as requiredbyenclosed AWRdated 21 May2013." d. Make the following entry: "PerfonnEMIIEMC checkIA W Pre-First AircraftFlight CheckList as required by the enclosedairworthiness release dated21 May2013."prior to first flight ofeach aircraftwiththis configuration. Upon checkcompletion, a signed copy shall be providedto the POC ofparagraph4 ofthisAWRwithin 10 days oftest.



### 7', \ j 

### RDMR-AEV 21 May 2013 SUBJECT: Airworthiness Release (AWR) IEMK2 Gen2 and Gen3Unmanned Aircraft System (UAS) (TN 123556). AppendixD - Reference List: 1. 

### Instant Eye MK-2 UAS Instruction Manual, Rev 121912. 2. Safety Release for InstantEye Small UnmannedAircraft System (S-UAS), ManeuverAir Evaluation Directorate (TEAE-MA), 6 March2013. 3. Memorandum for US Army Research DevelopmentEngineering Command Aviation and Missile Research, Development and Engineering Center, RDMR-AEV, Instant Eye Risk Determination, 15 May2013. 4. UnmannedAircraft Systems inthe National Airspace Systembetweenthe FAA and DoD Dated 24 September2007. 5. Instant Eye Operator Training Manual, May2013. 6. InstantEye Mk-2 Contiguration document, May 2013. 7. Instant Eye Mk-2 Payload Data, May2013.



### 8\)



# Attachment 2U.S. Department ofTransportation Federal Aviation Administration April 1, 2014
Exemption No. 10968 800 Independence Ave

.. SW Washington. D.C. 20591

Regulatory DocketNo. FAA-2013-1127
Mr. Dallas Cormier, SD1173 San Diego Gas & Electric, SempraEnergy 101 Ash Street San Diego, CA 921 01 DearMr. Cormier: This letter is to inform you that we have granted your request for exemption. Ittransmits our decision, explains its basis, and gives you the conditions and limitations ofthe exemption, including the date it ends. The Basis for Our Decision By letters dated December 20, 2013 and January 14, 2014, you petitioned the Federal Aviation Administration (FAA) on behalfofSan Diego Gas & Electric (SDGE) for an exemption from§§ 91.9(b)(2) and 91.203(a) and (b) ofTitle 14, Code ofFederal Regulations (14 CFR). That exemption would allow SDGE to operate the InstantEye MK-2 N544L and NSOOVD unmanned aerial vehicles (UAVs) without carrying and displaying the airworthiness certificate, registration, flight manual, and any other required documentation onboard the aircraft. You requested that all required paperwork be located at the ground control station or within close proximity to the pilot in command. The FAA has determined that good cause exists for not publishing a summary ofthe petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to SDGE. The FAA has issued grants ofexemption in circumstances similar in all material respects to those presented in your petition. In Grant ofExemptionNo. 8607 (copy enclosed), the FAA found it unnecessary to carry and display the airworthiness, certification, and registration documents in unmanned aircraft systems (UASs) and UAVs for the operations described by the petitioner. The original intent ofthe subject regulation was to display the airworthiness, AFS-14-084-Ej /

certification, and registration documents so they would be easily available to inspectors and passengers. Having reviewed your reasons for requesting an exemption, I find that2

• they are similar in all material respects to reliefpreviously requested in the enclosed Grant ofExemptionNo. 8607; • the reasons stated by the FAA for granting the enclosed Grant ofExemptionNo. 8607 also apply to the situation youpresent; and • a grant ofexemption is in the public interest. Our Decision Under the authority contained in 49 U.S.C. §§ 106(f), 40113, and 44701, which the FAA Administrator has delegated to me, San Diego Gas & Electric is granted an exemption from 14 CPR§§ 91.9(b)(2) and 91.203(a) and (b) that allows SDGE to operate the InstantEye MK2 N544L andN500VD UAVs without carrying and displaying the airworthiness certificate, registration, flight manual, and any otherrequired documentation onboard the aircraft, subject to the following conditions and limitations described below. Conditions and Limitations 1. Compliance with the conditions and limitations stipulated in the Certificate of Waiver orAuthorization (COA) for San Diego & Gas Electric UAS operations. ExemptionNo. 8607 was issued as a permanent exemption. The FAA, however, finds it in the best interest ofsafety to review this exemption every 2 years. This allows the FAA to ensure that there has been no change in circumstances or regulations from which the exemption is granted. This exemption terminates on April30, 2016, unless sooner superseded orrescinded. Sincerely, /s/ John S. Duncan Director, Flight Standards Service

Enclosure