January 2 7 , 2016

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of Spearhead Media LLC f or an Exemption Pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012

Director: Flight Standards Service:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, Spearhead Media LLC (Spearhead) hereby applies for an exemption from the Federal Aviation Regulations ("FARs ") identified below to allow commercial operation of small unmanned aerial vehicles ( i.e., "small unmanned aircraft" or "UAS") for the purpose o f conducting a erial photography

, videography

, c inematography and inspection for the motion picture, television

, real estate

, agriculture, and web industr ies

. Additionally, Spearhead will provide search and rescue services as well as services for special events.

This petition for exemption is made based on information outlined in this Petition for Exemption,

as wel l as the accompanying Spearhead documents;

1. PIC Flight Operations Manual and;

2. Operations Manuals (C ollectively 2 and 3 are referred to as Documents & Manuals")

3. User Guide and;

4. Flight Manual 1 (Collectively 3 and 4 are referred to as "Manufacturer's Manuals")

Spearhead submits these supporting materials as confidential documents pursuant to 14 C.F.R. § 11.35(b), as the materials contain confidential commercial and/or proprietary information that Spearhead has not and will not share wi th other requesting parties. Additionally, these d ocuments contain operating conditions and procedures that are not generally available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et. seq. 

### NOTE:

**ALL AT TACHMENTS SET FORTH IN SUPPORT OF THIS LETTER OF** 

**PETITION ARE CONFIDENTIAL AND SHALL NOT BE RELEASED TO THE**

**PUBLIC WITHOUT WRITTEN AUTHORIZATION FROM THE PETITIONER.**

1 . The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but not limited to: operations and flight manuals, user guides, component maintenance manuals, pilot traini ng manuals, service
information letters and, safety/service bulletins

.U.S Department of Transportation January 2 7 , 2016 Page 2

For your convenience, this Petition is organized as follows:

**I. De**  **scription of Petitioner**

**II. D**  **escription of Proposed Operations**

A. Aerial Videography

, Photography , Cinematography and Inspection

**III. Relevant Statutory Authority** 

**IV. Spearhead**  ’ **s Proposed UAS Operations Meet the Requirements of** 

**Section 3**  **33 of the Reform Act** 

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the Operations Manuals

**V. Regulations From Which Exemption is Requested** 

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

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

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

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.4 17(a) and (b): Maintenance Inspections

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

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

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

H. 14 C.F.R. § 91.103: Preflight Action

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

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

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

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

**V I** 

**. Drug and Alcohol Program** 

**VII. Public Interest** 

**VIII. Privacy** 

**IX. Federal Register Summary** 

**X. Conclusion** 

**I. DESCRIPTION OF PETITIONER** 

Spearhead is based in San Diego

, CA an d provides aerial photo g raphy, videography

,

c inematography and inspection for the film, television , real estate , agriculture and web industriesU.S Department of Transportation January 2 7 , 2016 Page 3

as well as search and rescue services and for special events. The Company’s Principal and Chief

Pilot Brady Spe ar has been flying UAV Quadcopters as a hobby for more than year without incident, logging hundreds of hours flying

. He is currently in training for his private pilot ’ s license.

Upon the grant of the 333 Exemption the Company’s business will specialize in a erial photo g raphy

, videography

, cinematography and inspection for the film, television , real estate

, agriculture and web industries

. Additionally, search and rescue services will be provided as well as services for special events.

Spearhead ’s staff are well trained and experienced in providing support as visual observers (“VO”) for the pilot in command (“PIC”) in addition to any other needed on site assistance

.
All of the equipment owned by Spearhead is of the highest quality gear and ha s been able to

p rovide these services safely and without any claims or incident

. Spearhead ’s goal is to advise the perspective client that Spearhead is following all the applicable state and federal rules to ensure the safety of the public while providing the client with a competitive and cost effective product.

Spearhead seeks an exemption to allow for aerial photography, videography , cinematography

, inspection and other related media products.

The contact information for Petitioner is as follows:

Brady Spear Spearhea d Media, LLC

3629 Louisiana Street San Diego

, CA 92104

Phone: 310.266.0917 : Email: brady@spearheadmedia.com

**II. DESCRIPTION OF PROPOSED OPERATION** 

Spearhead seeks an exemption pursuant to Section 333 of the Reform Act to operate the DJI Inspire 1 ; DJI I nspire 2; DJI Phantom 3; Yuneeq Q500 4k; and, Yuneeq Tornado H920 (referred

to SPM

- UAS ) (under 55lbs) for the proposed operations discussed herein below. All UAS operations will occur under tightly controlled conditions on private property or approved loc ation

where Spearhead has received verifiable permission to operate from the landowner, controller or authorized representative. The proposed UAS operations will be conducted in accordance with the conditions and limitations of this Petition for Exemption and Spearhead ’s Operations

Manuals. As detailed in Spearhead ’s Operations Manuals, all UAS operations will be limited to daytime VFR conditions, within visual line

- of

- sight ("VLOS") of the operator, in uncontrolled airsp ace, and will occur at least 5 n m a way from an airport reference point

. Moreover, Spearhead ’s Operations Manuals incorporate redundant safeguards to assure the aircraft does not travel outside the controlled area of UAS operations, including GPS "geo

- fencing" technologies.U.S Department of Transportation January 2 7 , 2016 Page 4

**A. Aerial Videog**  **raphy, Photography, Cinematography**  **and Inspection**

Spearhead seeks to use small SPM

- UAS for the purpose of conducting aerial photography,

video g raphy

, cinematography and inspection for the film, television, real estate

, agriculture and

w eb industries

. Add itionally, Spearhead will provide search and rescue services as well as services for special events. Spearhead has purposefully tailored its operations to meet the requirements established by the FAA in prior grants of exem p tion authorizing commercial use of

UAS in the real estate indu s try, including :

x Astraeus Aerial (Exemption No. 11062)

x Aerial MOB, LLC (Exemption No. 11066)

x Pictorvision, Inc. (Exemption No. 11067)

x HeliVideo Productions, LLC (Exemption No. 11065)

x Snaproll Media, LLC (Exemption No. 11063)

x RC Pro Productions Consulting, LLC d/b/a Vortex Aerial (Exemption No. 11064)

x Flying

- Cam, LLC (Exemption No. 11080)

x Aerocine, LLC (Exemption No. 11150)

x Team 5, LLC (Exemption No. 11158)

x Alan D. Purwin (Exemption No. 11161)

x Helinet Aviation Services, LLC (Ex emption No. 11160)

x Picture Factory, Inc. (Exemption No. 11178)

x Airshark (Exemption No. 11 651 )

x Trudeau, Realtor® (Exemption No. 11138)

x Alon Sicherman (Exemption No. 11728)

x Mark Reid (Exemption No. 12767)

All UAS photography

, videography

, cinematography and inspection operations will occur on private property or approved location in a controlled area away from spectators and persons not

involved in the recording process . In addition, the filming will be conducted between dawn and

dusk to ensure maximum safet y for the public and those involved in the manipulation and operation of the UAS ; VFR conditions, at altitudes below 400' above ground level (“AGL”).

As set forth below, Spearhead ’s operations provide an equivalent level of safety which is superior to pe rforming the same work using conventional fixed

- wing aircraft or helicopters.

Small UAS recording operations is also safer than traditional manned aircraft perfor m ing the

same function. Videographer , photographers and inspectors also frequently need to cl imb roof

tops , trees, ladders or otherwise perform elevated work, which exposes them to the risk of dangerous falls, ele c trocution or other work related injuries . In addition, depending on the nature of the video needed and inspection, proximity to equipme nt, and other mechanical

hazards associated with industrial sites and construction facilities often involves a risk of exposure to hazardous cond i tions . The use of SPM

- UAS mitigates these hazards and is ultimately a much safer and cost e f ficient method of performing these and most other types of recording operations.U.S Department of Transportation January 2 7 , 2016 Page 5

Moreover, c onventional operations using rotorcraft and fixed

- wing aircraft in low level operations present risks associated with vehicles weighing tens of thousands of pounds (including paylo ad) and carrying large amounts of fuel which inherently presents significant fire hazards as well as exposure to other chemical contaminates

. It is important to note the use of small UAS in this area will not only be safer and more cost effective to the p erspective user or purchaser of the service , but the quality and expanse of acquired information will be far more robust given the low cost associated with its acquisition and other potential consumers an inexpensive product

.

UAS video production is more reliable, and allows for the collection, dissemination, and storage

of visual and other sensory data with greater precision and duration at a very low cost . Small UAS will also be capable of accessing and inspecting areas that would otherwise be inaccess ible or highly dangerous using conventional aircraft or other inspection methods.

**III. RELEVANT STATUTORY AUTHORITY** 

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012 ("Reform A ct"). Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit

u nmanned aircraft systems to oper ate in the National Air s pace Systems ("NAS") where it is safe

to do so b ased on the following considerations:

● The UAS's size, weight, speed and operational capability; ● Operation of the UAS in close proximity to airports and populated areas; and ● Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has gene ral 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) (defining the authority of the Administrator); 49 U.S.C. § 4 4701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702

– 44716, et seq.). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or

how it w ould provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

**IV. SPEARHEAD**  ’S **PROPOSED SPM** 

**- UAS**  **OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT** 

The small SPM

- UAS operations propose d by Spearhead as noted above in this Petition for Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant factors are satisfied.

**A. Approval is Warranted Based on the UAS's Size, Weig**  **ht, Speed, and Operational Capability** 

A Grant of Exemption is appropriate for operations conducted using the UAS s due to their size weight, speed, and operational capability.U.S Department of Transportation January 2 7 , 2016 Page 6

x The SPM

- UAS utilize d by Spearhead ha s been approv ed for use in prior Section

3 33 Grants of Exemption from the FAA. 2

x The SPM

- UAS weigh s less th an 55 pounds, including payload

x The SPM

- UAS will not be flown at a ground speed in excess of 50 knots. The exemption holder may use either groundspeed or calibrated airspeed to determine

com pliance with the 50 knot speed restriction

x Altitude information will be generated by equipment onboard the UA S as specified using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. This information will be transmitted to the pilot

via telemetric data feed.

x The SPM

- UAS will have system redundancies and independent functionality to ensure the overall safety and predictability of the system. If connection to the remote control or ground control station is lost, failsafe systems will permit the UAS to return to a predetermined location and safely land without injury or damage.

x The radio frequencies used for operations and control of the SPM

- UAS comply with the Federal Communications Commission ("FCC") and o ther appropriate government oversight agency requirements. T he operating frequency for the SPM

UAS is 2.4 and 5.8 GHz frequency bands.

If the same operations were conducted using a helicopter, the aircraft's take

- off weight would likely exceed 6,000 pound s depending on payload . The difference in weight between the SPM

UAS and a helicopter significantly reduces the potential harm to the participating and non

participating individuals and/ or surrounding property in the event of an unintended accident or

inc ident. In addition, the risk to the onboard pilot and camera operator is eliminated.

**B. Approval is Warranted Based on the Operational Restrictions Set Forth in**  **Spearhead** ’s **Operations Manuals**

Operations Manuals and the Manufacturer's Manual for the selecte d SPM

- UAS will contain all the procedures and limitations necessary to safely and successfully perform the operations specified in this Petition for Exemption. To assist the FAA in making a safety assessment of Spearhead ’s proposed operations, below is a s ummary of operational limitations and conditions

that Spearhead will adhere to, and which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

2 See e.g., Grant of Exemption to Shotover Camera Systems L.P. (Exemption No. 11159); Grant of Exemption to VDOS Global, LLC (Exemption No. 11112); Grant of Exemption to LowCountryRC, Corp. (Exemption No. 11184); Grant of Exemption to Alan Purwin (Exemption No. 11161); Grant of Exemption to Helinet Aviation Services (Exemption No. 11160); Grant of Exemption to Total Safety U.S., Inc. (Exemption No. 11156).

.U.S Department of Transportation January 2 7 , 2016 Page 7

1. The SPM

- UAS weighs less than 55 pounds, with payload

. 2. All operations shall be conducted over private or controlled

- access property with verifiable permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained

for e ach scheduled flight prior to operation

.

3. All UAS operated under the Grant of Exemption will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

- Number) markings in accordance with 14 CFR part 45, Subpar t C. Markings will be as large as practicable.

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot

- in Command ("PIC") of the SPM

- UAS , and one or more Visual Observers ("Observer") as necessary to safely conduct the mission.

5. PICs shall possess either a private, recreational, or sport pilot certificate. The PIC

must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a

possess ion, or the Federal government. The PIC will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate

.

6. The SPM

- UAS shall be operated within VLOS of the PIC and Observer at all times. The PIC must use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA

- issued medical certificate.

7. The PIC and Observer designated for any operation will be able to communicate verbally at all times.

8. Electronic messaging or texting will not be permitted during flight operations.

9. The additional requirements identified in the Grant of Exemption shall be added to

the Spearhead ’s Operations Manuals. The Operations Manuals will be maintained and

made ava ilable to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the Grant of Exemption and Spearhead ’s Operations Manuals, the conditions and limitations in the Grant of Exemption shall take precedence and must be followed. Otherwise, Spearhead shall follow the procedures outlined in their Operations Manuals.

10. Spearhead may update or revise its Operations Manuals. Revisions will be tracked and a revised copy of the Manual will be provided to the Administrator upo n request. Spearhead will also present an updated and revised Operations Manuals if it petitions for extension or amendment to its Grant of Exemption. If an update or revision would

a f

fect the basis upon which the FAA grants the exemption, Spearhead will seek an amendment to its Grant of Exemption. Spearhead will contact the FAA’s UAS Integr a tion Office (AFS

- 80) if questions arise regarding updates or revisions to the

ope r ating documents.U.S Department of Transportation January 2 7 , 2016 Page 8

11. Spearhead Operations Manuals and its Grant of Exemption will be ava ilable to the PIC at the ground control station anytime the SPM

- UAS is operating.

12. The PIC is prohibited from beginning a SPM

- UAS flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first intended point of l anding, and assuming normal cruising speed, to fly after that for at least 10

minutes.

13. Maximum total flight time for each operational flight using the SPM

- UAS will be

limited to 40 minutes or the amount of time the UAS can be flown and still maintain a

r eserve battery power of no less than 25%, whichever occurs first.

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never enter navigable controlled airspace without timely prior written authorization and approval from the FAA. In the event the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the highest point on the structure, and no more than 50 feet horizontally from the structure.

15. Flight operations must be conducted at le ast 500 feet from all nonparticipating persons. (persons other than the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight oper ations 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 PIC has 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 PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

16. The SPM

- UAS may not be operat ed less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

17. The SPM

- UAS may not operate within 5 nm of an airport reference point as denoted

on a current FAA

- published aeronau tical 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 Spearhead COA. The letter of agreement with the airport management will be made available to the Administrator upon request.

18. Prior to each flight the PIC shall inspect the SPM

- UAS to confirm that it is in a condition safe for flight. The pre

- flight inspection will account for all discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevantU.S Department of Transportation January 2 7 , 2016 Page 9

sections of the operating documents as well as equipment updates . The PIC shall not

operate any SPM

- UAS if the inspection reveals a condition that affects the safe operation of the SPM

- UAS until the necessary maintenance ha s been performed and

the SPM

- UAS is found to be in a condition for safe flight. The ground control station shall be included in the preflight inspection. All maintenance and alternations must be properly documented in the UAS ’s records as required by Spear head ’s Operations

Manuals.

19. Spearhead will timely carry out its maintenance, inspections, and record keeping requirements in accordance with the Operations Manuals. Maintenance, inspection,

and alterations will be fully noted in the SPM

- UAS records, includ ing total time in service, description of work accomplished, date completed and the signature of the authorized person returning the SPM

- UAS to service.

20. Any SPM

- UAS that has undergone maintenance or alterations that affect the UAS operation or flight char acteristics (e.g., replacement of a flight critical component)

must timely undergo a functional test flight in accordance with Spearhead ’s Operations Manuals. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and SPM

- UAS record entry shall be included in the Spearhead ’s Operations Manuals.

21. The SPM

- UAS will be operated and maintained according to the Manufacturer's Manuals and any require d manufacturer Safety/Service Bulletins and product updates

.

22. Prior to the operation, a Mission Packet will be created in accordance with the requirements on Spearhead ’s Operations Manuals.

23. Spearhead will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or Authorization, otherwise known as a COA, prior to conducting any operations under this Grant of Exemption. A NOTAM will be issued as required by the COA. All operations will be conducted in accordance with airspace requirements

in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

24. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or ot her appropriate governmental agencies.

25. If the SPM

- UAS loses communication with the PIC , it will have the capability to safely return to a pre

- determined location within the operational area and land safely.

26. Contingency plans will be in place to safely te rminate flight if there is a loss of

communication between the PIC and the Observer.

27. The SPM

- UAS will have the capability to safely abort flight in the case of unpredicted obstacles or emergencies.U.S Department of Transportation January 2 7 , 2016 Page 10

28. PICs and Observers will have at least a curren t Class II I Medical Certificate or a valid

and current state driver’s license issued within the United States

.

29. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 fl ight cycles and 25 hours total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS

p i lot with a similar SPM

- UAS type platform

. This requirement can be achieved by flights conducted and logged as a hobbyist

.

30. Prior to conducting operations for filming, the PIC will have accumulated and logged,

in a manner consistent with 14 CFR § 61.51(b) , a minimum of hours pursuant to 54 CFR § 61.51(b) as UAS pilot operating the make and model of SPM

- UAS to be utilized for operations under the exemption an d three take

- offs and three landing in the preceding 90 days

.

31. Operations shall occur during daytime VFR Meteorological Conditions; flights under special visual flight rules ("SVFR") shall not be conducted.

32. The SPM

- UAS shall remain clear and yield the rig ht of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

33. SPM

- UAS Operations under Instrument Flight Rules, at night, or bey ond VLOS are prohibited.

34. T he UAS will not be operated from an elevated platform unless designed and engineered specifically for such purposes and be in compliance with the general restrictions imposed by the applicable regulations . Additionally no PIC wil l provide any film

- flight operations while in motion from atop any elevated platform vehicle or

device.

35. Before conducting operations, the radio frequency spectrum used for operation and

control of the SPM

- UAS will comply with the Federal Communications Co mmission (FCC) or other appropriate government oversight agency requirements.

**V**

. **REGULATIONS FROM WHICH EXEMPTION IS REQ UESTED** 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, i ncludes exempting civil aircraft, as the term is defined under § 40101 of the Act, including UASs, from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. 3

Spearhead seeks an exempt ion from several interrelated provisions of Title 14 of the Code of Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the

3 49 U.S.C. § 44701(f) (auth orizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).U.S Department of Transportation January 2 7 , 2016 Page 11

requested operations using SPM

- UAS platforms noted above . Listed below are: (1) the specific

section s of 14 C.F.R for which exemption is sought, and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. 4

**UNMANNED AIRCRAFT**  **SYSTEM**

A. 1 4 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. §91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety wh en compared to aircraft normally used for the same application. These criteria are met and in point of fact

exceeded

, and therefore no exemption is needed. 5 If, however, the FAA determines that there

are some characteristics of the chosen UAS that fail t o meet the requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety

Spearhead ’s use of the SPM

- UAS is safe when taking into account its size, weight, speed, and operational capability. As set forth in the description of propo sed operations in Section IV(A),

the SPM

- UAS weigh s less than 55 poun ds , including payload and will not be flown at a ground speed in excess of 50 knots. The SPM

- UAS is also equipped with safety features which will allow Petitioner to operate the SPM

- UAS safely after experienc ing certain in

- flight contingencies or failures as noted below

. 6 7

4 14 C.F.R § 11.81(e), which requires a petition for exemption to include: The reasons why granting the exemptio n would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provi d ed by the rule from which you seek exemption.

5 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pgs. 13

- 14, 22).

6 See e.g., Grant of Exemption No. 11184 to Low Country RC, Corp. (FAA

- 2014

- 0803 at pg. 3): "The [DJI S1000] has the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an auto

pilot system to maintain UAS s tability and control. The UAS is also able to respond to a loss of global positioning system (GPS) or a lost

- link event with a pre

- coordinated, predictable, automated flight maneuver, and manual flight control functionality as a backup. These safety featur es provide an equivalent level of safety compared to a manned aircraft performing a similar operation."

7 See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA

- 2014

- 0382 at pgs. 4

- 5): "The SPM

- UAS can be operated entirely by a touch

- screen, map

- based interface. This means the operator only needs to command the system where to go, and the system does all the flying for the operator. The SPM

- UAS can be operated in both semi and fully autonomous flight modes, with the operator simply clicking on a map to create a pre

- planned flight path for a flight. In addition, the operator can create no fly zones or maximum flight ranges and altitudes so the system cannot enter areas deemed unsafe or unnecessary to fly over. The petitioner states further that the UAS has

built

- in intelligent fault handling which allows the SPM

- UAS to detect a system fault while in the air and automatically fly back to its takeoff location and land. Faults that can be detected include: loss of communication; exceeding pre

- set wind thresholds; and low battery levels.

All flight operations are global positioning system (GPS) controlled, making the system easy to navigate. At any point if the operator is not explicitly commanding the system to move, the system automatically holds its GPS position. The flight control system employs not only GPS positioning but a variety of sensors including sonar,U.S Department of Transportation January 2 7 , 2016 Page 12

Additionally, the SPM

- UAS carr ies neither pilots nor passengers, carr ies no explosive materials or flammable liquid fuels, or other elements identified by Homeland Security as being prohibitive and operate exclusively within the parameters stated in Spearhead ’s Operations

Manuals

.

Operations conducted under this exemption will be closely controlled and monitored by the PIC operator and will be conducted in complianc e with local public safety requirements, to provide security for the area of operation. Spearhead will also provide the FAA with advance notice of all operations via NOTAMs as required by the applicable COA. In all cases, operation of the SPM

UAS under the proposed conditions will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate

. Lastly, the SPM

- UAS do not need a means to communicate with other aircraft or ATC, because those capabilities will be sole ly possessed by the PIC and Observer, who are not onboard the SPM

- UAS

. 8 In addition, no sense

- and

- avoid technology is necessary for the SPM

- UAS because they will be operated at all times in VFR conditions and within VLOS of the PIC and Operator

. 9

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

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent that Spearhead ’s small SPM

- UAS would otherwise

requ ire certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. R. Part 21, Subpart H, supra

.

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

Spearhead seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45. 23(b), Markings of the Aircraft, states:

barometric pressure, temperature, wind speed and others to ensure stability so long as wind thresholds are not exceeded. Also a flight termin ation link

– to prevent a 'fly away' or other potentially dangerous situation

– is available to the operator."

8 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pg. 13).

9 . IdU.S Department of Transportation January 2 7 , 2016 Page 13

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 oper ator 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 applica ble.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

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

In a previous Grant of Exemption, the FAA d etermined that exemption from these requirements was warranted provided that the aircraft "have identification (N

- Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 10

Equivalent Level of Safety

Al l SPM

- UAS flown by Spearhead will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 11

**D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b):**  **Maintenance Inspections**

Spearhead se eks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a) (1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 1 4 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as

p rescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapt er"). An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which

the UAS platforms to be operated under this grant of exemption will not have

. ( Emphasis added)

Equivale nt Level of Safety

An equivalent level of safety will be achieved or exceeded because maintenance and inspections

will be timely performed in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Further, as required by Spearhead ’s Operations Manuals, the PIC will conduct a pre

- flight inspection of the SPM

- UAS and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any co nditions potentially affecting safe operation of the SPM

UAS and no flights will occur unless, and until, all flight critical components of the SPM

- UAS

10

. FAA Docket No. FAA

- 2014

- 0352.

11

. See, e.g., FAA D oc ket No. FAA

- 2014

- 0352, at 14.U.S Department of Transportation January 2 7 , 2016 Page 14

have been found to be airworthy and in a condition safe for operation. A functional test flight will

be conducted following the replacement of any flight

- critical components. As required by Spearhead ’s Operations Manuals, the PIC who conducts the functional test flight will make an entry in the SPM

- UAS aircraft records of the flight.

Spearhead ’s Operations Manual also includes requirements to follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the following applicable components: powertrain system (powerplant), propellers, avionics and control surfaces (including ailerons/elevons), structures & airframe, camera system, electrical systems (including batteries), ground control station, hazard accessories , and spare parts. Further, Spearhead ’s Operations Manuals also include procedures to document and

maintain a record of the SPM

- UAS ’s maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in service of the SPM

- UAS used under this Grant of Exemption. As a whole, the mainte nance and inspection procedures required

in Spearhead ’s Operations Manuals ensure that an equivalent or higher level of safety will be

achieved.

**PILOT**

**- IN** 

**- COMMAND OF THE UAS** 

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

Spearhead seeks exe mption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of an y PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the SPM

- UAS will be operated as part of a commercial oper ation, they carr y neither passengers nor cargo. In the Grant of Exemption to Astraeus Aerial, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the addition al cost and restrictions attendant with requiring t he PIC to have a Commercial Pilot Certificate and Class II I Medical

Certificate. 12 The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operati ons are involved.

Equivalent Level of Safety

The restrictions Spearhead has placed on its SPM

- UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial. Spearhead will operate on private property or approved location away from persons and property not involved in the operation. Spearhead will also obtain an ATO issued COA prior to conducting any operations under this Grant of Exemption. All operations will be conducted in accordance with airspace requirements in the

ATO issued COA including class of airspace, altitude level and potential transponder requirements. A NOTAM will also be issued as required by the applicable COA.

12 Exemption No. 11062 (FAA Docket No. FAA

- 2014

- 0352).U.S Department of Transportation January 2 7 , 2016 Page 15

In addition to these flight restrictions, Spearhead will further ensure safe operation by requiring

tha t any PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft operators but also in the unique aspects of SPM

- UAS flight. As set forth in the Operations Manuals, pilots will have experience not only in SPM

- UAS ope rations generally but have logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights on behalf of Spearhead . The pilot qualification, training, and currency requirements in the Operations Manuals ensure that Spearhead pilots are competent and proficient in the SPM

- UAS they are operating. Spearhead ’s training and qualification requirements are consistent with those contained in prior FAA Section 333 Grants of Exemption, and will p rovide a higher level of competency and proficiency for its pilots and will ensure at least an equivalent level of safety to the public

.

**OPERATING PARAMETERS OF THE UAS**

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

I nasmuch as there will be no airwo rthiness certificate issued for the UAS, Spearhead seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the

e xtent that the requirements of Part 21 are waived or found inapplicable. 13 Accordingly, Petitioner requests that the requirements for § 91.7(a) be treated in accordance with

Section V ( A), supra.

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

Title 14 C.F.R. § 91.9(b) (2) and § 91.203(a) and (b) require the operator to carry airworthiness

documents and other aircraft manuals onboard the aircraft . Pursuant to 14 C.F.R. § 91.9(b) (2):

(b) No person may operate a U.S.

- registered civil aircraft

–

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

thereof.

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

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has

with in it the following:

(1) An appropriate and current airworthiness certificate...

13 See Id. at 13

- 14, 22.U.S Department of Transportation January 2 7 , 2016 Page 16

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91. 715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Given the small size and configuration of the SPM

- UAS , it would be impossible to keep

airworthiness documents and other aircraft manuals on board the SPM

- UAS be cause there is simply no room and the SPM

- UAS has no cabin or cockpit. As a way to comply with the code Spearhead will maintain the documents with the PIC and make them available for inspection.

Equivalent Level of Safety

In an FAA Office of Chief Couns el's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registr ation certificate, and other required documents from the ground control station from which he or she is operating the aircraft. 14 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS.

**H. 14 C.F.R. § 91.103: Preflight Action** 

Spea rhead seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the FAA

approved Flight Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an FAA

approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Spearhead ’s Op erations Manuals and the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify any defects or inoperable components in accordance with the Spearhead ’s Operations Manuals, including checklists covering Pre

- Flight, Launch, L anding, and Post

- Flight procedures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoff distance, UA performance data, and contingency landing areas

— before initiation of flight. Spearhead ’s Operations M anuals and the Manufacturer's Manual will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS.

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

Spearhead seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards S ervice (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.U.S Department of Transportation January 2 7 , 2016 Page 17

flight instruction unless that aircraft has fully functioning dual controls." UASs and remotely piloted aircraft, by thei r design, do not have functional dual controls. Instead, flight control is accomplished through the use of a device that communicates with the aircraft via radio communications. Accordingly, an exemption will be required for the flight instruction requirem ents of 14 C.F.R. § 91.109(a).

Equivalent Level of Safety

Given the size and speed of the UASs that Spearhead intends to use, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard

the UAS, and as required by the Spearhead ’s Operations Manuals, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction. Moreover, as required by the Spearhead ’s Operations Manuals, all flight t raining will be conducted in controlled and sterile environment. As a whole, the safety procedures provided for

in Spearhead ’s Operations Manuals ensure that the proposed UAS operations provide an equivalent or higher level of safety than that provided by the flight instruction regulations.

**J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes** 

Spearhead requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 15 Section 91. 119 prescribes the minimum safe altitudes under whic h aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or

structure in non

- congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum alti tudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

An exemption is required b ecause the proposed SPM

- UAS operation will normally need to o c cur below 400 feet AGL. In circumstances where the SPM

- UAS is used to inspect a structure whose height exceeds 400 feet AGL, the SPM

- UAS will not be operated more than 100 feet above the highest point on the structure, and within 50 feet horizontally of the structure. Add i tionally, due the nature of the proposed operations, the Pilot and/or Observers(s) may need to be less than 500 feet away from the SPM

- UAS

.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum weights

pr o posed herein, and given the lack of flammable fuel with the above noted UASs, any risk

assoc i ated with these operations is far less than those which presently exist with co nventional

ai r craft. An equivalent level of safety will be achieved given the size, weight, and speed of the

SPM

- UAS , as well as the controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or

15 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be necessary. See e.g., Grant of Exemption No. 11157 to Slugwear, Inc., dba Like on a tree Aerial (FAA

- 2014

- 0534 at 15)

.U.S Department of Transportation January 2 7 , 2016 Page 18

when inspec t ing a U.S. structure whose height exceeds 400 feet AGL, within 100 feet above the highest point on that structure and 50 feet horizontally of the structure.

As set forth in the Operations Manuals, the SPM

- UAS will be operated in a restricted area, and all flights will be operated at a lateral distance of at least 500 feet from any nonparticipating persons, unless that person is in a position where he or she is shielded from the SPM

- UAS and any possible debris resulting from its failure. As required by the Operations Manuals, flights will be terminated if a nonparticipating person within 500 feet of the SPM

- UAS leaves a shielded position. Further, its operations will occur at least 500 feet away from ve hicles or structures unless the property owner/controller timely has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and, operations near the PIC or Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in Spearhead ’s Operations Manuals will ensure operations can be conducted without compromising public safety. 16

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

Spearhead seeks an exemption from 14 C.F.R. § 91.121, w hich requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required to the extent

that the UASs do no t have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. §91.121 can be achieved in circumstances where: (1) the UASs will be oper ated below 400 feet AGL or

below 17 , (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is established fo r the PIC to confirm accuracy of the onboard GPS. 18

The SPM

- UAS that Spearhead intends to use for the proposed operations will meet all these operational characteristics. Moreover, as required by Spearhead ’s Operations Manuals, the PIC will be required to calibrate the aircraft's GPS compass prior to each flight operation. Like prior

16 See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA

- 2014

- 0481 at 19): "If ba r riers or structures are present that can sufficiently protect nonparticipating persons from the UA or debris in the event of an accident, then the UA may operate c loser than 500 feet to persons afforded such protection. The operator must also ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately. When conside r ing how to immediately cease operations, the primary concern is the safety of those nonparticipating persons. In add i tion, the FAA finds that operations may be conducted closer than 500 feet to vessel s, vehicles and structures when the

ow n er/controller of any such vessels, vehicles or structures grants permission for the operation and the PIC makes a

saf e ty assessment of the risk of operating closer to those objects and determines that it does not pres ent an undue

ha z ard."

17 If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be ope r ated more than 100 feet above the highest point on the structure.

18 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).U.S Department of Transportation January 2 7 , 2016 Page 19

FAA Section 333 Grants of Exemption, the SPM

- UAS Spearhead intends to use, and the safety mitigation procedures contained in the Operations Manuals, both ensure that an equival ent level of safety or greater level will be achieved, and a Grant of Exemption to the requirements of § 191.121 is therefore appropriate

.

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

Spearhead requests an exemption from 14 C.F.R . § 91.151(a)'s fuel requirements for flight in

VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means th at no meaningful flight operations can be conducted while still maintaining a 30

- minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. Moreover, it is not Spearhead ’s intention to fly the SPM

- UAS a t night.

Equivalent Level of Safety

In the Grant of Exemption to VDOS (Exemption No. 11112), the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginni ng a SPM

- UAS flight unless (considering wind and forecast weather conditions) there was enough power to fly to the first intended point of landing and, assuming normal cruising speed, to fly after that for at least 10 minutes. In reaching this conclusion, the FAA considered that the UAS batteries for the SPM

- UAS provide approximately 50 minutes of powered flight (with payload) and provided battery level and battery time remaining in minutes and seconds to the PIC. 19 The FAA also considered the fact the SPM

- U AS operating manual states: “start every flight with a fully charged battery in the aerial vehicle”, and

that in the event that the SPM

- UAS should run low on power, the PIC will be alerted and can safely land the

- SPM

- UAS as soon as possible. Like the VDOS Grant of Exemption, Spearhead ’s

use of the SPM

- UAS , combined with the requirements of Petitioner's Operations Manuals, ensure that an equivalent level of safety can be achieved and in fact exceeded

.

Similarly, in the Grant of Exemption to Alan Purwin (Ex emption No. 11161), the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a flight with the UA unless (considering wind and forecast weather condi tions), there was enough power to safely fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. Spearhead will adhere to this limitation for its SPM

- UAS flights.

19

. Grant of Exemption No. 11112 to VDOS Global, LLC (FAA

- 2014

- 0382 at 10).U.S Department of Transportation January 2 7 , 2016 Page 20

The SPM

- UAS includes a low battery war ning system and the amount of battery reserve power remaining is continuously transmitted to the PIC via telemetric data feed, which downlinks from

the SPM

- UAS to a ground

- based

- on

- screen display. 20 As required by Spearhead ’s Operations Manuals, the PIC wi ll promptly fly the SPM

- UAS back to the home launch location or pre

det ermined abort location where it may safely land, while still maintaining a minimum of 25% reserve battery power. Spearhead submits that the procedures requiring flights to be safely

ter minated once the batteries fall below 25% capacity, combined with the requirement that flights only be conducted within a secure, isolated area, using a UAS weighing less than 5 5 pounds, and within VLOS of the PIC and Observer(s), ensure that the proposed operation will provide an equivalent or higher level of safety to the public to that provided by the regulations from which exemption is sought

.

**VI. DRUG AND ALCOHOL PROGRAM** 

Spearhead will have policies in place to ensure that no person may participate in SPM

- UAS flight operations if they are under the influence of alcohol or any drug.

**VII. PUBLIC INTEREST** 

The public interest will be served by granting Spearhead ’s Petition for Exemption. Congress has established a national policy that favors early int egration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform

Act

— the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily required rulemaking.

The proposed SPM

- UAS operations in this Petition for Exemption significantly improve s the safety and reduce s risk of harm, physical injury and property damage to the public at large, the property owners from whom permission was granted for use by Petitioner and abutting properties, staff of Petitioner, unsuspecti n g passersby, inspecting engineers from relevant organizations and all tho se who may be in the local vicinity . Traditional methods of providing surveillance and mapping services location personnel to climb towers

, trees, venture onto precarious roofs and other dangerous scenarios

, perform elevated work for which the individual

i s neither trained n or equipped to perform , which exposes them to unnecessary risk of serious physical injury from dangerous falls or other physical mishaps

. Moreover, inspectors/surv eyors are often unnecessarily exposed to hazardous conditions, unsafe env ironments, culturally tense

situations and other hazards associated with identifying specific locations for potential recording

sites to be used in the end product

. The use of small UAS can eliminate these hazards and ultimately creat e a much safer method of performing these types of inspections creating a safer environment for the public as well as Spearhead employees.

The use of small UAS also enhances safety and reduces risk to the surrounding public because, unlike manned aircraft weighing thousands o f pounds, carrying crew in addition to flammable

20 . T he SPM

- UAS ground control station displays, the UASs position, navigation route, tail number, altitude,

hea d ing, north seeking arrow, range to targets, calculated target position, date/time, and sensor heading and

orie n tation relative to the UASU.S Department of Transportation January 2 7 , 2016 Page 21

fue l, the UAS carry no passengers, crew or explosive fuel . Furthermore , in the unlikely event of an accident, Spearhead ’s small battery powered SPM

- UAS presents significantly less danger to

persons on the ground when compared to operations by conventional manned aircraft. 21 As

P etitioner's SPM

- UAS are battery powered, the public will also benefit from a reduction in

harmful petroleum based emissions associated with conventional aircraft performing in the sam e functions proposed herein. Air quality will naturally be improved with the reduction of fuel powered vehicles.

Lastly, as recognized by the FAA in prior Section 333 Grants of Exemption to filmmakers, UAS provide an additional economic tool for the ae rial filming notwithstanding the industry, adding a greater degree of flexibility, which supplements the current capabilities offered by manned

aircraft. 22 The quality of the finished product is enhanced and provides a greater finished product

demand which will aid the current UAS industry and provide additional jobs as the cost of providing the needed product is greatly reduced while reducing the difficulty with which the finished product is created . The demand for the current industrial product is increa sing and will continue to increase given the enhanced flexibility of production ; therefore, given the lower cost, owner/operators and others in the relevant industry will be more inclined to utilize the services of

commercial UAS along with a n appropriate licensed PIC’s

.

**VIII. PRIVACY** 

All SPM

- UAS operations will be conducted in accordance with applicable federal, state, and local laws regarding privacy. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be

conducted.

**IX. FEDERAL REGISTER SUMMARY** 

Pursuant to 14 C.F.R. Part 11, the following summary i s provided for publication in the FEDERAL REGISTER, should it be determined that publication is needed: Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b).

21 See Grant of Exemption No. 11158 to Team 5, LLC (FAA

- 2014

- 0783 at 12): "Manned hel i copters conducting aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner’s UAs will weigh less than 55 pounds with no onboard pilot or crew. The pilot and crew will be r e motely located fro m the aircraft. The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event of an incident or acc i dent. R isk to an onboard pilot and crew during an incident or accident is elimi nated with the use of a UA for the aerial filming operation."

22 See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA

- 2014

- 0794 at 18).U.S Department of Transportation January 2 7 , 2016 Page 22

The exemption will enhance safety by reducing risk to the aircraft crew, production cr ew, general public, property owners and city structures from the substantial hazards associated with performing equivalent film work and aerial video production with conventional fixed

- wing aircraft, rotorcraft, or other methods.

**X. CONCLUSION** 

Spearhead ’s Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform

Act of 2012 which includ es weight ; speed ; operating capabilities ; proximity to airports and populated areas ; operation within VLOS and national security. The proposed SPM

- UAS operations will benefit the public as a whole by improving safety and reducing risk by alleviating human exposure to danger while lowering the attendant related costs thereby increasing the demand for the finished product. In consideration of the foregoing, this Petition for Exemption provides the FAA with more than adequate justification for granting the requested exemptions allowing Spearhead to use small SPM

- UAS in the recorded production of its product.

We thank you for your prompt considerat ion of our requested exemptions.

Respectfully Submitted,

Brady Spear Spearhead Media, LLC

3629 Louisiana Street San Diego, CA 92104

Phone: 310.266.0917 Email: brady@spearheadmedia.comU.S Department of Transportation January 2 7 , 2016 Page 23

(The following attached items contain propriet ary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

Attachments:

1. General Operations Manual 2. PIC Operating Manual 3. Company Protocols

4. Location Protocols 5. Flight Communications Protocols 6. Departing Location Protocols

7. Transmitter Protocols 8. Preflight Checklist 9. Post Flight Checklist 10. Equipment Checklist

11. UAS Manufacturer’s Manuals

a. User Manuals

b . UAS Maintenance Manuals

**PETITIONER REQUESTS THAT GOOD CAUSE EXISTS**  **TO EXEMPT ANY PART OF** 

**THIS PETITION FROM BEING PUBLISHED IN THE FEDERAL REGISTER PUBLIC** 

**FORUM BECAUSE THE REQUESTED EXEMPTION WOULD NOT SET A**  **PRECEDENT, AND ANY DELAY IN ACTING ON THIS P ETITION WOULD BE** 

**DETRIMENTAL TO THE PETITIONER.**