## Fovea Aero Systems LLC

60 Fostertown Road  Medford, New Jersey 08055 Phone: 800

- 257

- 6442  E

- Mail: jeff@foveaaero.com  Web: www.FoveaAero.com

Date: March 2 , 2015

U.S. Department of Transportation Docket Operations, M

- 30 1200 New Jersey Avenue, SE Room W12

- 140, West Building Ground Floor Washington, DC 20590

- 0001

Dea r Sir or Madam : Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “ Reform Act ” ) and 14 C.F.R. Part 11, Fovea Aero Systems LLC hereby applies for an exemption from the Federal Aviat ion Regulations identified herein to allow for the commercial operation of its sUASs for the purposes of electric transmission and distribution utility systems monitoring and inspection, so long as such operations are conducted within and under the conditions outlined herein or as may be established by th e Federal Aviation Administration (“FAA”)

. Electric transmission and distribution systems are currently inspected utilizing helicopters and fixed wing aircraft. Power transmission utility workers (“l inemen ”) or photographic equipment are carried in the ai rcraft to search for current and potential power line and component defects. The use of sUASs to perform these tasks increases worker and public safety, lowers inspection costs, increases power distribution reliability and can provide better, faster, more thorough inspections than through the use of manned aircraft. These facts, among others, provide a significant and definitive public benefit and are in the public interest

.

C onditions for sUAS operation as described in this application are consistent wit h and based upon proposed FAA sUAS regulations as outlined by the FAA on the 15 th of Febru ary, 2015. Any additional conditions included herein have been included by Fovea Aero Systems LLC to add to and enhance the safe operation of sUASs when used for utility inspection and management.
The applicant contact information is:

Fovea Aero Systems LLC Attn: Jeffrey Sassinsky Telephone: (800) 257

- 6442 ext. 706 Email: jeff@foveaaero.com Address: 60 Fostertown Road, Medford, New Jersey 08055Page 2

Fovea Aero Syst ems LLC contends that this application satisfies the conditions and criteria set forth in Section 333 of the Reform Act, that the operations described herein benefit the public interest as a whole in many ways and that the use of sUASs for power line and u tility inspection meets or exceed s the level of safety currently experienced by traditional manned aircraft utilized for these purposes. The applicant is thankful for the Federal Aviation Administration’s time an d consideration

. Respectfully yours,

Jeffr ey Sassinsky President, Fovea Aero Systems LLC



## I. Regulations for which Exemption is Requested

Fovea Aero Systems LLC requests exemption from the following regulations:

• Part 21, Subpart H.

• 45.23 (b).

• 45.25.

• 45.27 (a).

• 45.29.

• 61.113 (a) & (b).

• 61.133 (a).

• 91.7 (a).

• 91.9 (b)(2) & (c).

• 91.103.

• 91.105.

• 91.109 (a).

• 91.119.

• 91.121.

• 91.151 (a)(1) & (b).

• 91.203 (a) & (b).

• 91.405 (a).

• 91.407 (a)(1).

• 91.409 (a)(2).

• 91.417 (a) & (b).

A discussion of each F AR and the methods by with Fovea Aero Systems LLC will maintain a level of safety equivalent to or exceeding the rules from which exemption is sought is detai led in Section VI of this petition

.Page 3



## II. Statutory Authority for Requested Exemptions

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

• The size, weight, speed and operational capability;

• Operation in proxim ity to airports and populated areas; and

• Operation within visual line of sight of the operator.

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

- 44716, et seq . A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety or how it would provide a level of safety at least equal to the existing rules. See 14 C.F.R. § 11.81.



## III. Fovea Aero Systems LLC Background Information

Fovea Aero Systems LLC is dedicated to provide safe, efficient and outstanding aerial imaging services to its clients . The founder, Jeff Sassinsky, is an active pilot holding a commercial certificate , valid medical and has previously worked as a professional pilot in Part 135 operations. He has also worked as a utility line inspection photographer and has helped design aerial methods for imaging power lines and utility components.
Fovea Aero Systems LLC is actively consulting with a Part 135 helicopter operator currently performing power l ine inspections using manned aircraft. The operator and Fov ea Aero Systems LLC are examining current methods used by manned aircraft for power line inspections and how they can be improved in both safety and effectiveness by utilizing sUASs

. Additionally
, Fovea Aero Systems LLC is working with power line inspection professionals to identify inspection requirements and to safely, efficiently and effectively utilize sUASs to augment and improve the inspection process

. Working closely with current Part 135 o perators and power line inspection professionals has provided Fovea Aero Systems LLC with exceptional “real world” knowledge of power line inspection methods, requirements and hazards as well as ways to improve upon these operations using sUASs. This will assist Fovea Aero Systems LLC in the operation of their sUASs in a safe and efficient manner should this petition be granted.Page 4



## IV. Proposed Operations

Fovea Aero Systems LLC is requesting exemptions from the Federal Aviation Regulations (the “FARs”) stated her ein pursuant to Section 333 of the Reform Act in order to perform power line and utility system monitoring and inspection utilizing sUASs.
Inspections and monitoring of electric transmission and distribution components are currently performed using four main methods : (i) by manned

- aircraft ( often helicopter and occasionally fixed

winged), (i i) by land based motor vehicle, (iii) on foot, or (iv) by a worker (s) climbing the pole / tower

. In many cases, each of the aforementioned methods can be replaced or augmented by using an sUAS to perform the inspection. The sUAS can often provide all or a combination of (i) better results, (ii) improved coverage, (iii) increased worker and public safety and (iv) decreased costs over the current methods.

Fovea Aero Sy stems LLC will operate their sUAS s with a gimbal mounted high

- resolution camera. The camera system will acquire still photographs and / or video of the electric transmission components, tower, pole, ba se, surrounding vegetation and potential hazards to th e power lines. The inspections can be completed onsite by a line worker using a live feed from the sUAS or later using the stored images. The images can be cataloged for later inspection, comparison to future inspections, assessing storm damage, asset ma nagement and for planning upgrades or future p ower distribution improvements and expansion.
An sUAS will provide greater visual coverage of the power line and associated components over many of the current inspection methods . Previously non

- inspected area s of the power line and tower / pole can be seen and inspected using the imagery obtained by Fovea Aero Systems LLC’s sUAS s

. This improves upon current inspection methods resulting in more reliable power distribution, fewer outages and potentially lower c osts for power consumers.
The ability to inspect the power distribution system using sUASs will increase worker safety, increase public safety, decrease inspection costs, reduce power outages, and may impr ove natural disaster

re sponse time. Additionally, sUAS s do not carry an onboard pilot, crew, passe ngers or flammable fuel and do not release emissions. These qualities provide a significant public benefit and are in the public interest. Each of these, as w ell as other public benefits, are expanded upon and discussed later in this petition. See Section V in this document.

A. Operation Locations and Environment s

Fovea Aero Systems LL C will operate its sUASs in support of power line inspections. Most utility companies currently perform aerial inspections using a helicopter and a lineman that “glasses” the lines by viewing them from the helicopter directly or with the a id of binoculars. Others photograph the lines using an onboard photographer.

Th e helicopter is often required to operate in close proximity to the lines and at low altitude in order to place the lineman or photogr apher in a position to see the power distribution components. The helicopter may be operating for extended periods in les s than optimal conditions for safety
, such as directly over the power lines, with a tail wind, or in areas in which an autorotation may be difficult orPage 5

impossible in the event of an engine failure. This places the helicopter, its occupants, and possibly t he public
, in harms way.

An sUAS would eliminate these concerns. Its lack of occupants eliminates potential harm to the pilot, crew and onboard observers , its small size reduces or eliminates the risk to the public , its ability to image power distribution components from a relatively close distance improves inspection coverage and its low operating costs allow for more thorough and timely power line inspections. An sUAS also does not carry flammable fuel and does not release emissions.

The sUASs will be controlled via radio transmission from a Ground Control Station (“GCS”) . All remote control e quipment will be off the shelf industry standard devices available to both professionals and consumers and utilize FCC approved transmission and reception compone nts.
The sUAS will be operated in the area immediately surrounding the power distributi on equipment. The

structures , such as high voltage power lines, are typically contained within a “right of way” owned by the power utility company

. This provides Fovea Aero Systems LLC’s sUAS s with a safe and secure flight location. At no time will the sUAS be operated over any non

- participating persons. The flight area will be monitored by the operator and / or observers for any encroaching individuals.

Fovea Aero wi ll confer with the participating utility company regarding any known hazards or abnormal operating conditions that the utility or Fovea Aero may consider pertinent to sUAS operations. Permission from the controlling utility company will be obtained prior to conducting commercial flight operations within the right of way or in the vicinity of the power line.

Fovea Aero Systems LLC w ill utilize a operator specifically trained in sUAS operations for all commercial flights

. When deemed necessary by Fovea Aero Systems LLC an ob server (s) will be utilized for added visual coverage. They may also utilize a payload specialist and / or line man for obtaining video or photographs and performing onsite power utility inspections via remote video feed.

The observer will be in voice contact with the operator at all times during fli ght via either direct contact, radio or equivalent methods
, depending on the optimal observer position as determined by operator and observer . The observer , when used, will ass ist the operator in identifying both air and ground hazards and maintaining safe operating conditions. The flight will b e altered or terminated immediately should a hazard such as a low flying aircraft or unauthorized person in the flight area be observed by either the operator or observer.
Power line right of ways are cleared of vegetation and provide very good line of sight environments

. This reduces flight risks to very manageable levels. The flight area can be secured, any intruders readily spotted a nd flights quickly and safely terminated to multiple landing zones if need be. Additionally, the sUAS will not be operated over non

- participating persons . It will remain a minimum of 50 feet from all non

- power distribution structures and will not operate higher than 500 feet AGL

.

Predetermined potential landing zones will be identified and briefed by the operator , observer s and participating persons prior to flight. La nding zones will be selected according to proximity to obstructions, observed ground conditions and limited exposure to persons and property.Page 6

B. Operating Conditions and Limitations
All operations will be conducted according to and in compliance with the following conditions and limitations. (A) All sUAS s utilized will weigh less than 55 lbs. (25 kg). (B) The aircraft will remain within visual line

- of

- sight (“VLOS”) of the operator and / or visual observer (s) at all times using vision unaided by any device with the exception of corrective lenses

. (C) A visual observer (“VO”) may be utilized to satisfy the VLOS and observation requirements as defined herein

. (D) The aircraft will not operate over non

- participating persons. (E) Flight operations will be conducted only between the period of official sunrise and s unset as defined in the Aeronautical Information Manual (AIM). (F) The sUAS will yield right

- of

- way to other aircraft, manned or unmanned. If there is a risk of a collision, the operator will immediately maneuver away. (G) Prior to flight, the s UAS operator will assess weather conditions using FAA approved weather sources and direct weather observation
, will check airspace restrictions and TFRs and will assess the location of people and property to lessen risks if he or she loses control of the s UAS. (H) Flight operat ions will be conducted only with flight visibilities at or exceeding 3 statute miles

. (I) The sUAS will not be operated in airport flight paths, restricted airspace
, or areas under current Temporary Flight Restrictions (TFRs). (J) The operator will discontinue the flight when continuing would pose a hazard to other aircraft, people or property. (K) The sUAS will not exceed an airspeed of 87 knots (100 mph)

. (L) The sUAS will not be o perated at an altitude exceeding 500 feet above ground level (“AGL”)

. (M) Operations will not b e conducted in Class A airspace. (N) ATC permission will be obtained prior to operations in Class B, Class C, Class D or Class E airspace. (O) The operator / observer(s) will operate / observe only one sUAS at a time. (P) A thorough preflight of the sUAS will be conducted by the designated operator in command (“OIC”) prior to the first flight of the day or after any suspected or observed anomalies or damage. (Q) The O IC will follow the suggested preflight actions as outlined in the sUAS operator’s manual or
, if available, Fovea Aero Systems LLC ’s sUAS operation guidelines. (R) The operator will not operate an sUAS should he or she know or has any reason to know of any physical or mental condition that would interfere with their safe operation of the aircraft. (S) The sUAS will not be operated in a careless or reckless manner.

C. Operator Certification and Re quirements
All Fovea Aero Systems LLC operators w ill abide by the following conditions and requirements

. (A) All operators will hold a curr ent and valid Private, Commercial or ATP pilot certificate with ratings for one or more of the following categories : single

- engine land airplane , multi

- engine land airplane or rotorcraft helicopter. This requirement may be alternatively satisfied when / i f FAA sUAS operator testing, certification and currency requirements are approved. (B) All operators will be 18 years of age or older.Page 7

(C) Operators or a designated Fovea Aero Systems LLC official will m ake available to t he FAA, upon request, the s UAS for inspecti on or testing. (D) Operators or a designated Fovea Aero Systems LLC official will m aintain a log of flights as practicable for future currency or flight logging requirements. (E) An operator or a designated Fo vea Aero Systems LLC official will r eport an accident t o the FAA within 10 days of any operation that results in damage to property , other than the aircraft, estimated to exceed $25,000 for repair (including materials and labor) or fair market value in the event of total loss, whichever is less and / or result s in significant injury or death

.

D. sUAS Registration , Markings and Requirements
All Fovea Aero Systems LLC sUASs will be registered and marked according to the following conditions and requirements. (A) All sUASs to be operated by Fovea Aero Systems LLC will be maintained in condition for safe operation. (B) The sUAs will be inspected prior to flight by the OIC to ensure that it is in a condition for safe operation. (C) All sUASs to be operated by Fovea Aero Syst ems LLC for commercial operations will be registered with the FAA. (D) All sUASs to be operated by Fovea Aero Systems LLC for commercial operations will be marked with an aircraft registration number according to 14 C

. F

. R

. Part 45 or in the largest practicable manner taking into account the size and configuration of the aircraft

. See Section VI, subsections B, C, D and E in this document.



## V. Public Benefit and Public Interest

Currently, aerial power line inspections are perfo rmed v ia helicopter or, occasionally, via fixed

- winged aircraft. The aircraft are typically flown at low altitude and in relative close proximity to the power line , structures or components . The use of an sUAS rather than a manned aircraft i n such applic ations will further the public interest in several areas including but not limited to the following:

• The sUAS carries no passengers, pilot or crew, thereby increasing pilot, passenger and worker safety.

• The sUAS can often eliminate the need for a worker to climb a tower or pole in order to inspect components thereby increasing worker safety.

• The sUAS carries no flammable fuel thereby increasing safety to the general public.

• The sUAS has a lower noise signature than a typical helicopter thereby improving pub lic welfare.

• The sUAS has no emissions thereby reducing the environment impact over traditional manned aircraft.

• The sUAS is less expensive to operate than a traditional manned aircraft thereby decreasing the cost of power line inspection. This allows uti lity companies to inspect their infrastructure more frequently, more thoroughly and at a potential discount thereby increase public welfare

.Page 8

• The sUAS is less expensive to acquire than a manned aircraft thereby allowing for more inspection crews to operate concurrently. This can result in better

- maintained infrastructure and more reliable power dist ribution for the public

.

• The sUAS may respond to natural disasters and storm

- related damage quicker than manned

aircraft. This results in faster power restorati on and lower out age time for the public

.



## VI. Discussion of Requested FAR Exemptions

Fovea Aero Systems LLC seeks an exemption from the following regulations including provisions of Part 21, 45, 61 and 91 for the purposes of conduction the operations described herein. Presented here are the specific FAR section s for which exemption is requested and the methods and safeguards by which Fovea Aero Systems LLC will ensure a level of safety equivalent to exceeding the regulations from which exemption is sought. See 14 C.F.R. § 11.81 (e).

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

– Airworthiness c ertificates

. Section 91.203(a)(1) requires civil aircraft to have “an appropriate and current airworthiness certificate.” Part 21, Subpart H (“Airworthiness Certificates”) establishes the procedural requirements and applicability for the issuance of airworthiness certificates as directed by 14 C.F.R. § 91.203(a)(1)

. Equivalent level of safety : The sUASs operated will be have a gross weight less than 55 lbs. and will be flown at speeds l ess than 87 knots (100 mph). They do not carry a pilot or passengers, do not carry flammable fuels and will be operated in well

- defined locations using an operator and
, if deemed required by Fovea Aero Systems LLC , a visual observer(s). All operations wi ll be conducted in compliance with the limitations and conditions stated in this petition for exemption

. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement of an airworthiness certific ate upon consideration of the sUAS s ’ size, weight, speed, operational capability and proximity to airports and populated areas.

The characteristics and conditions under which the sUASs will be operated
, as outlined in this petition
, given the size, weight, speed, operation capability and proximity to airports and populated areas
, achieve or exceed the equivalent level of safety over a manned aircraft with an airworthiness certificate used for the purposes outlined in this petition.

The FAA will have advance notice of all operations through the filing of Certificates of Waiver or Authorizations (COA) and , if deemed required by the FAA, the filing of Notices to Airman (NOTAMS) not more than 72 hours, but not less than 48 hours
, prior to conducting operations u nder this grant of exemption.
The FAA has stated that no exemption is required from this section if a finding is made under the Reform Act that an sUAS provides an equivalent level of safety when compared to aircraft normally used for the same application. See granted exemptions 11138, 11062, 11067, 11080, 11114 and 11112.Page 9

B. 14 C.F.R § 45.23 (b)

– Display of marks; general.
Regulation 14 C.F.R. § 45.32 (b) states: “... 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,’ ‘ exp erimental,’ or ‘provisional,’ as applicable. ”
Equivalent level of safety: These sUAS does not have a “cabin, cockpit or pilot station entrance” therefore the required marks cannot be displayed “near each entrance.” Additionally, letter s not less than 2 inches nor more than 6 inches may not be practical given the small size of the sUAS. If the sUAS is too small to display markings in the size described in regulation § 45.23 (b), then markings will be displayed in the largest practicable manner.

C. 14 C.F.R. § 45.25

– Location of marks on fixed winged aircraft.
Regulat ion 14 C.F.R. 45.25 describes the marking requirements on fi xed winged aircraft. It states that the aircraft, “... must display the required marks on either the vertical tail surfaces or the sides of the fuselage ...”. It continues to describe the specific locations on which marks may be displayed.
Equivalent level of safety: An sUAS does not carry a pilot or passengers, does not have a cabin and may have a design that is significantly different than traditional manned aircraft. As such, the markings requirements of 14 C.F.R. § 45.25 may not be feasible given the desig n and layout of the aircraft. To provide an equivalent level of safety, the sUAS will display required markings on conspicuous locations of the aircraft.

D. 14 C.F.R. § 45.27 (a)

– Location of marks; nonfixed

- wing aircraft.
Regulation 14 C.F.R. 45.27 (a) sta tes: “ 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. ”
Equivalent level of safety: An sUAS does not carry a pilot or passengers, does not have a cabin and may have a design that is significantly different than traditional manned aircraft. As such, the markings requirements of 14 C.F.R. § 45.25 may not be feasible given the design and layout of the aircraft. To provide an equivalent level of safe ty, the sUAS will display required markings on conspicuous locations of the aircraft.

E. 14 C.F.R. § 45.29

– Size of marks.
Regulation 14 C.F.R. 45.29 describes the required size of marks and the characteristic of lettering for aircraft. In many cases it dic tates that marks must be at least 12 inches high.
Equivalent level of safety: An sUAS is, by definition, significantly smaller and may have a design and layout significantly different than traditional manned aircraft. As such, the size and layout of marki ngs as stated in 14 C.F.R. § 45.29 may not be feasible due to the inherent characteristics of sUASs. To provide an equivalent level of safety, the sUAS will display required markings on conspicuous locations of the aircraft. If the aircraft is too small to display markings in standard size, then the aircraft will display markings in the largest practicable manner.Page 10

F. 14 C.F.R § 61.113 (a) & (b) and 14 C.F.R. § 61.133 (a)

- Private pilot privileges and limitations; pilot in command; c ommercial pilot privilege s and limitations.
Regulation 14 C.F.R. § 61.113 restricts private pilots from flying aircraft for compensation or hire and would require a second class medical certificate. Regulation 14 C.F.R. § 61.133 requires a pilot to hold a commercial pilot’s licen se when acting as pilot in command of an aircraft used for compensation or hire. This is intended to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the pilot is carry passengers or cargo for hire.
Equivalent level of safety: Fovea Aero Systems LLC sUAS s will be operated as part of a commercial operation, however they do not carry passengers or cargo. Additionally, they remain below 500 feet AGL, are operated a t less than 87 knots (100 mph), will not be operated over non

- participating individuals, are under 55 lbs. and do not carry flammable fuel. In FAA Docket No. FAA

- 2014

- 0352, the FAA determined that sUAS operation s did not warrant the additional cost and re strictions imposed by requiring the operator to have a commercial pilot certificate and class II medical certificate.
Fovea Aero Systems LLC’s operators will posses a t least a private pilot certificate and a valid class III medical certificate. Additional ly, the operators will attend sUAS specific training either at a third party location or through a custom designed in

- house program specifically tailored to Fovea Aero Systems LLC’s operations, sUASs and operating environment. This program will be develop ed using input and guidance from currently operating sUAS training programs and will follow industry standard processes and procedures. The program will consist of industry standard ground based and hands on training in a controlled flight environment.

Se ction 333 also requires operations to not pose a threat to national security. The security screening conducted by the Transportation Security Administration (“TSA”) of certificated airmen satisfies this requirement and applies to all Fovea Aero Systems LL C’s operators.
Using these processes, procedures and restrictions, the level of safety of sUAS operations for the uses as outlined herein is equivalent to or significantly exceed those as regulated by §61.113 and §61.133.

G. 14 C.F.R. § 91.7 (a)

– Civil aircr aft airworthiness.
The regulations states: “No person may operate a civil aircraft unless it is in airworthy condition.”
Equivalent level of safety : The FAA has stated that no exemption is required to the extent that the requirements of Part 21 are waived or found inapplicable. Fovea Aero Systems LLC requests that the requirements for § 91.7 be treated in accordance with FAR Part 21 Subpart H. Addit ionally, Fovea Aero Systems LLC operators will inspect the aircraft prior to flight in order to ensure it is in a condition that is safe for flight. See granted exemption 11062.

H. 14 C.F.R. § 91.9 (b)(2) & (c)

– Approved flight manual in the aircraft.
Regulation 14 C.F.R. § 91.9 (b)(2) states: “ No person may operate a U.S.

- registered civil aircraft ... F or which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved Ai rplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. ”Page 11

Regulation 14 C.F.R. § 91.9 (c) states: “ No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accorda nce with part 45 of this chapter. ”
Equivalent level of safety: Fovea Aero Systems LLC requests an exemption from this regulation in part as outlined in the request for exemption from regulation 14 C.F.R. § 91.203 (a) and (b ). An equivalent level of safety will be achieved by maintaining the proper documentation at the location of the Ground Control Station readily available to the operator. This includes the sUAS operation manual as provided by the manufacturer or equivalent documents as created by Fovea Aero Systems LLC.
Additionally, the FAA, in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS flight manual, registration certificate and other documentation will be kept at the control station with the operator during fli ght. The Chief Counsel’s Office has held that for all UAS operations, this alternate method constitutes full compliance with the regulations. See granted exemption 11062.

I. 14 C.F.R. § 91.103

– Preflight action.
14 C.F.R. § 91.103 requires the PIC to becom e familiar with specific information before each flight, including information contained in th e FAA

- approved Flight Manual on board the aircraft

. Equivalent level of safety: The sUAS does not have a Flight Manual on board because of its inherent design an d lack of on board pilot. The operator will review information prior to flight to maintain the safety of the operation, including but not limited to, the weather, battery levels, landing and takeoff distances and aircraft performance data. The operator w ill refer to the manufacturer supplied sUAS manual for technical data and information as provided. The manual will be kept at the ground station during operations.
The FAA has stated that no exemption is required ( see Grant of Exemption No. 11062, p. 20) however, an exemption is requested to the extent that an FAA

- approved Flight Manual is required.

J. 14 C.F.R. § 91.105

- Flight crewmembers at stations.
This section contains requirements for crewmembers during takeoff and landing of the aircraft. The regula tion requires crewmembers to be at the crewmember ’s station unless absence is neces sary to perform their duties. It also requires crewmembers to keep safety belt(s) , including their shoulder harness if so equipped, fastened

. sUASs do not carry pilots or p assengers and therefore do not have a “crewmember station.” However sUASs do have a Ground Control Station from which an operator controls the aircraft via radio signals. The Ground Control Station may be at a fixed location or may be movable. However, because it is not a physical part of the aircraft, the Ground Control Station may not have a seat(s) and does not utilize safety belts.
Visual observers, when deemed necessary by Fovea Aero Systems LLC, may be at various locations in the vicinity of the fl ight operations area in order to provide the best line of sight view of the sUAS during flight. The visual observers may or may not be at a fixed location and may or may not utilize a seat. The seat will not be equipped with safety belts.Page 12

Equivalent leve l of safety: The sUAS operator will remain at the Ground Control Station where the control of the aircraft takes place for the duration of the flight. Visual observers, when deemed necessary by Fovea Aero Systems LLC, will be positioned in the flight oper ations area according to the operator’s determination of the optimal view ing area given the planned flight. The use of safety belts is not feasible because the crewmember stations are not physically a part of the aircraft and are not in motion.

K. 14 C.F.R. § 91.109 (a)

– Flight instruction.
14 C.F.R. § 91.109 (a) states that, “No person my operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.” sUASs do not have function ing dual controls by design. They are piloted using a Flight Control System / Ground Control Station that communicates with the aircraft via radio signals.
Equivalent level of safety: During flight instruction, there are no pilots or passenge rs on the aircraft and the Ground Control Station will be a safe distance from the aircraft. The aircraft will remain a safe distance from non

- participating individuals causing no safety hazard.

Given the size and speed of the sUAS, an equivalent level of safe training can be performed without dual controls because no pilot or passengers are aboard the aircraft and it is a safe distance from the public and structures

. The FAA has previously approved exemptions for flight training without dual controls for a number of aircraft. See Granted Exemptions: 11109, 11138 and 11110.

L. 14 C.F.R. § 91.119

– Minimum safe altitudes.
14 C.F.R. § 91.119 prescribes that an aircraft may not be operated closer than 500 feet to any person, vessel, vehicle or structure. The na ture of the operations described herein may require operation in relatively close proximity to items such as power line towers or poles. However, operations will not be conducted over non

- participating individuals.
Equivalent level of safety: The sUASs op erated by Fovea Aero Systems LLC are far smaller than manned aircraft , such as rotorcraft and fixed winged aircraft, used for similar operations. Additionally, the sUASs do not carry a pilot or passengers, weigh less than 55 lbs., do not carry flammable f uel, will not exceed 87 knots ( 100 mph ) and will not be operated over non

- participating persons. The sUAS s will be operated below 500 feet AGL with the use of an operator and, if determined to be re quired by Fovea Aero Systems LLC, a visual observer(s) to avoid risk to aircraft , persons and property . This provides an equivalent or greater level of safety than achieved with conventional aircraft currently performing similar operations.

See Granted Exemptions: 4063, 11138, 11136, 11112, 11110, 11109, 11080, 11066, 11063, 11062 and

11067.Page 13

M. 14 C.F.R. § 91.121

– Altimeter settings.
14 C.F.R. § 91.121 requires an aircraft to be operated by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure when operating below 18,000 feel MSL. Some sUAS contain a baromet ric pressure sensor. Others utilize GPS sensors to determine altitude. Typically barometric pressure sensors are corrected to the point of takeoff; not a departure airport.
Equivalent level of safety: The operator will confirm the elevation of the launch site prior to launch. This will be compared to the GPS sensor or barometric sensor derived altitude as displayed on the sUAS telemetry reading at the Ground Control Station. The operator will then determine the maximum permissible altitude to maintain flight below 500 feet AGL and will not exceed this altitude. The maximum permissible altitude will also be monitored and estimated by visual means through the use of the operator and / or visual observer(s) as a secondary backup to sUAS telemetry data

. This provides a level a safety equal to or exceeding the regulation.

See Granted Exemptions: 11153, 11150, 11138, 11136 and 11159.

N. 14 C.F.R. § 91.151 (a) (1) & (b)

– Fuel requirements for flight in VFR conditions.

14 C.F.R . § 91.151 (a) (1) states: “No p erson may begin a flight in an air plane under V FR 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...”

14 C.F.R. § 91.151 (b) states: “ No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed , to fly after that for at least 20 minutes. ”
The sUAS will be operated only during daylight hours in VFR conditions . The technical limitations of most sUASs limit total flight time to approximately 30 minutes before the battery is depleted. This

means t hat no meaningful flight time would be possible given the limitation s of § 91.151 (a) (1) and (b)

. Equivalent level of safety: The sUAS flight will be terminated with at least 20% reserve power. This allows the sUAS to return to its landing zone with adequate power remaining to conduct a safe and controlled landing. Given the sUAS ’s size, weight and speed, the sUAS when operated with this limitation provides an equivalent or g reater level of safety than manned aircraft represented by this regulation.

See Granted Exemptions: 2689F, 5745, 10673, 10808, 11138, 11136, 11112, 10650 and 10159.

O. 14 C.F.R. § 91.203 (a) & (b)

– Carry civil aircraft certification and registration.
The reg ulation states: (a) “...no person may operate a civil aircraft unless it has ... an appropriate and current airworthiness certificate.” Furthermore: (b) “No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of t his 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.”Page 14

Equivalent level of safety: In regard to 14 C.F.R. § 91.203 Part (a), an equivalent level of safe ty is achieved through the methods and characteristics as outlined in the request for exemption from 14 C.F.R. Part 21, Subpart H.
In regard to 14 C.F.R. § 91.203 Part (b), the sUAS does not carry a pilot or passengers, does not have a “cabin or cockpit en trance” and does not have onboard storage in which to carry certification and registration documents. An equivalent level of safety will be achieved by maintaining the proper documentation at the Ground Control Station readily available to the operator. The FAA has issued numerous exemptions to this regulation. See granted exemptions 9565A, 9565B, 9789, 9789A, 9797, 9797A, 9816A and 9816.
Additionally, the FAA, in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS flight manual, registration certificate and other documentation will be kept at the control station with the operator during flight. The Chief Counsel’s Office has held that for all UAS operations, this alternate method constitutes full compliance with the regul ations. See granted exemption 11062.

P. 14 C.F.R. §§ 91.405 (a), 91.407 (a)(l ), 91.409 (a)(2), 91.417 (a) & (b)

– Maintenance inspections.
The regulations 14 C.F.R. §§ 91.405 (a), 91.407 (a)(1), 91.409 (a)(2) and 91.417 (a) & (b) specify maintenance and insp ection standard s in reference to 14 C.F.R. Part 43. Specifically, 14 C.F.R. § 91.405 (a) requires that each owner or operator of an aircraft, “...[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspecti on ... have discrepancies repaired as prescribed in part 43 of this chapter.” An exemption is required from these regulations because Part 43 and these sections apply only to aircraft with an airworthiness certificate, which the sUASs will not have.
Equival ent level of safety: The sUASs will be maintained and inspected in accordance with the manufacturer

- supplied m anual. This includes maintenance, overhaul, replacement and inspection requirements for the sUASs. The operator
, prior to the first flight of th e day and as deemed necessary otherwise, will undertake preflight inspection procedures in order to ensure the sUAS is in a condition for safe operation . Discrepancies that may affect the safety of flight will be addressed and repaired if required. The o perator , and Fovea Aer o Systems LLC
, will maintain the sUAS s in a condition for safe operation. Given the size, characteristics and operating limitations of sUAS s as described herein , this provides a level of safety equivalent to or greater than manned ai rcraft performing similar operations.