### NS Consulting FAA Exemption Request
February 5, 2016 NS Consulting PaulW. Najarro Jr. 13075 W Wadsworth, IL 60083,
NS Consulting petitions the Federal Aviation Administration (FAA) for an exemption from part 21 and §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of the Federal Regulations (14 CFR). The proposed exemption would allow NS Consulting/Paul Najarro to operate its unmanned aerial system (UAS) for aerial photography and video; inspection, including but not limited to operations: (1) over land, waterways, and oceans; (2) operation over and/or in non-restricted National Parks, National Forests, and non-navigable airspace using non-intrusive recording devices; and (3) operation in otherwise unrestricted U.S. States and Territories. All proposed operations would be conducted under controlled conditions in airspace that is: (1) limited, (2) predetermined, and (3) access controlled. Appendix A provides the manufacturers information regarding the design, aircraft performance, and fail

safe features. We have provided manufacturer information related to operating limitations, normal and emergency procedures, and maintenance and inspection procedures. As we add aircraft designs, we will update this appendix appropriately.

NS Consulting/Paul Najarro requests relief from the following regulations:

FAA rule which we seek exemption: **Part 21**  **prescribes the**  **procedural requirements**  **for issuing**  **and changing**  **design approvals,**  **productions approvals, airworthiness certificates, and airworthiness approvals. AFS** **- 14** **- 373** **- E**  **Section 45.23(b)**  **prescribes that**  **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 ope rator 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 in** **ches high,**  **the words “** **limited,” “restricted,” “light**
**- sport,” “experimental,” or “provisional,” as appli** **cable.**

NS Consulting/Paul Najarro description of the exemption we seek: UAS will have no airworthiness certificate; an exemption may be neededfrom 14 CFR § 45.23 as the UA will not have a cockpit or cabin. Given the size of the UAS, the 2

-inch lettering will be impossible. The petitioner asserts that an equivalent level ofsafety will be provided by having the UA marked with the word “experimental” on thefuselage in compliance with 14 CFR § 45.29(f), in a location where thepilot, observer, and others working with the UA will see the identification. FAA rule which we seek exemption: **Section 61.113(a) and (b) prescribes that**
**— (a)**  **no person**  **who holds**  **a private**  **pilot certificate**  **may act**  **as a**  **pilot in**  **command of** **an aircraft**  **that is**  **carrying passengers**  **or pro** **perty for**  **compensation or**  **hire; nor**  **may that**  **person, for**  **compensation or hire, act as pilot in command of an aircraft. (b)**  **a private**  **pilot may,**  **for compensation**  **or hire,**  **act as**  **pilot in**  **command of**  **an aircraft**  **in connection with any business or employment i**  **f: (1)**  **The flight is only incidental to that business or employment; and (2)**  **The aircraft does not carry passengers or property for compensation or hire.**

NS Consulting/Paul Najarro description of the exemption we seek: Given the size, weight, and speed ofthe UA, as well as the location where it is operated and the fact that the UAS will not carry a pilot orpassengers on board, as a result the proposed operations can achieve a very high level ofsafety.Also, additionalsafety measures are inplace by requiring operator to complete 20 hours ofonsite with an additional 10 hours ofonline instruction before becoming operational. Also, UAS flights will be limited to no higher than 400feet in altitude. FAA rule which we seek exemption: **Section 61.113(a) and (b) prescribes that** 
**— (a)**  **no person**  **who holds**  **a private**  **pilot certificate**  **may act**  **as a**  **pilot in**  **command of**  **an aircraft**  **that is**  **carrying passengers**  **or property**  **for compensation**  **or hire;**  **nor may**  **that person,**  **for compensation or hire, act as pilot in command** **of an aircraft. (b)**  **a private**  **pilot may,**  **for compensation**  **or hire,**  **act as**  **pilot in**  **command of**  **an aircraft**  **in connection with**  **any business or employment if: (1)**  **The flight is only incidental to t hat business or employment; and**  **(2) The aircraft does not**  **carry passengers or pro perty for compensation or hire.**  **Section 91.7(a)**  **prescribes that**  **no person**  **may operate**  **a civil**  **aircraft unless**  **it is**  **in an**  **airworthy condition.**  NS Consulting/Paul Najarro description of the exemption we seek: Currently, no such certi

ficate exists in the applicable in theform contemplated by FAA regulations.As a result, this regulation is inapplicable

. FAA rule which we seek exemption: **Section 91.9(b)(2)**  **prohibits operation**  **of U.S.** **- registered**  **civil aircraft**  **unless there**  **is available**  **in the**  **aircraft a**  **current approved**  **Airplane or**  **Rotorcraft Flight**  **Manual, approved**  **manual material,**  **markings, and placards, or any combination thereof.**

NS Consulting/Paul Najarro description of the exemption we seek: The UAS carries no pilot and given the size of the UA, carrying these documents aboard the UAS is not possible. However, these documents will remain at the ground control point where the pilotflying the UAS will have immediate access to them. FAA rule which we seek exemption: **Section 91.103(** **b) prescribes**  **that a**  **pilot shall**  **for any**  **flight, become**  **familiar with**  **runway lengths**  **at airports of intended use, and takeoff and landing distance information.** 

NS Consulting/Paul Najarro description of the exemption we seek: UAS operator will thoroughly cover all preflight actions including reviewing weather, battery requirements, landing and takeoff distances, and aircraft performance data before initiation offlight using appropriate checklists. FAA rule which we seek exemption: **Section 91.109(a)**  **prescr ibes,**  **in pertinent**  **part, that**  **no person**  **may operate**  **a civil**  **aircraft (except**  **a manned**  **free balloon)**  **that is**  **being used**  **for flight**  **instruction unless**  **that aircraft**  **has fully**  **functioning dual controls.**  NS Consulting/Paul Najarro description of the exemption we seek: Flight control is accomplished through the use of a radio transmitter that communicates with the aircraft via a receiver in the UA Therefore, there are no dualflight controls. Additionally, there is no pilot or passengers in the UAS and the small size and safe speeds are added safety measures

.FAA rule which we seek exemption: **Section 91.119**  **prescribes that,**  **except when**  **necessary for**  **takeoff or**  **landing, no**  **person may**  **operate an aircraft below the following altitudes:** 
**1. (a)**  **Anywhere. An altitude allowing,**  **if a**  **power unit**  **fails, an**  **emergency landing**  **without undue**  **hazard to persons or property on the surface. 2.**  **(b) Over**  **congested areas.**  **Over any**  **congested area**  **of a**  **city, town,**  **or settlement,**  **or over**  **any open**  **air assembly**  **of persons,**  **an alt** **itude of**  **1,000 feet**  **above the**  **highest obstacle**  **within a**  **horizontal radius of 2,000 feet of the aircraft.**  **3. (c)**  **Over other**  **than congested**  **areas. An**  **altitude of**  **500 feet**  **above the**  **surface, except**  **over open**  **water or**  **sparsely populated**  **areas. In**  **those cases,**  **the aircraft**  **may not**  **be operated**  **closer than**  **500 feet to any person, vessel, vehicle, or structure. 4.**  **(d) Helicopters,**  **powered parachutes,**  **and weight** 
**- shift** 
**- control**  **aircraft. If**  **the operation**  **is conducted without hazard to persons or property on the surfac** **e —**  **1. (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c)**  **of this**  **section, provided**  **each person**  **operating the**  **helicopter complies**  **with any**  **routes or**  **altitudes specifically prescribed for helicopters by the FAA; and**  **2. (2)**  **A powered**  **parachute or**  **weight**
**- shift** 
**- control**  **aircraft may**  **be operated**  **at less**  **than the**  **minimums prescribed in paragraph (c) of this section.**

NS Consulting/Paul Najarro description of the exemption we seek: 91.119 allows safe altitudes for the operation of civil aircraft, but that it allows helicopters to be operated at lower altitudes in certain conditions. NS Consulting/Paul Najarro will not operates UAS above the altitude of400feet above ground level (AGL) and will also only operate in safe areas away from the public and traffic, thus “providing a level of safety at least equivalent to or below those in relation to minimumsafe altitudes.” Because of thesize, weight, maneuverability, andspeed ofthe UAS, an equivalent or higher level of safety will be achieved. Also, No flight will be taken without the permission of the property owner. FAA rule which we seek exemption: **Section 91.121**  **requires, in**  **pertinent part,**  **each person**  **operating an**  **aircraft to**  **maintain cruising**  **altitude by**  **reference to**  **an altimeter**  **that is**  **set “...to**  **the elevation**  **of the**  **departure airport**  **or an**  **appropriate altimeter setting available before departure.”**

NS Consulting/Paul Najarro description of the exemption we seek: Altimeter settings is inapplicable since the UAS utilizes electronic GPS with a barometric sensor. FAA rule which we seek exemption: **Section 91.151(a)**  **prescribes that**  **no person**  **may begin**  **a flight**  **in an**  **airplane under**  **VFR conditions**  **unless (considering wind**  **and forecast**  **weather conditions) there is**  **enough fuel**  **t o**  **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 [emphasis added].** 

NS Consulting/Paul Najarro description of the exemption we seek: The limitations on the UAS’s proposedflight area and the location of its proposed operations within a predetermined area, a longer timeframeforflight in daylight or night VFR conditions is reasonable. We believe an equivalent level ofsafety can be achieved by limitingflights to 45 minutes or not less than 15 percent of battery power, whichever occurs first. Also, NS Consulting/ Paul Najarro UAS has preprogrammed setting that enables the UAS to return to original take offlocation when signal is lost and or battery becomes too low adding an additional safety measure

. FAA rule which we seek exemption:**Section 91.203(a)**  **prohibits, in**  **pertinent part,**  **any person**  **from operating**  **a civil**  **aircraft unless**  **it has**  **within it (1) an appropriate and current airworthiness certificate;**  **and (2) an**  **effective U.S.**  **registration certificate**  **issued to**  **its owner**  **or, for**  **operation within**  **the United**  **States, the**  **second copy**  **of the**  **Aircraft registration Application as provided for in § 47.31(c).**

NS Consulting/Paul Najarro description of the exemption we seek: The UAS carries no pilot and given the size of the UA, carrying these documents aboard the UAS is not possible. However, these documents will remain at the ground control point where the pilotflying the UAS will have immediate access to them.
FAA rulewhich we seek exemption: **Section 91.203(b)**  **prescribes, in**  **pertinent part,**  **that no**  **person may**  **operate a**  **civil aircraft**  **unless the**  **airworthiness certificate**  **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.**

NS Consulting/Paul Najarro description of the exemption we seek: The UAS carries no pilot and given the size ofthe UAS, carrying these documents aboard the UAS is not possible. However, these documents will remain at the ground control point where the pilotflying the UAS will have immediate access to them

. FAA rule which we seek exemption: **Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected**  **as prescribed**  **in subpart**  **E of** **the same**  **part and**  **shall, between**  **required inspections,**  **except as**  **provided in**  **paragraph (c)**  **of the**  **same section,**  **have discrepancies**  **repaired as**  **prescribed in**  **part 43**  **of the chapter.** NS Consulting/ Paul Najarro description of the exemption we seek: This is only applicable to aircraft with an airworthiness certificate. NS Consulting/Paul Najarro will keep routine andpreflight maintenance records, which will be accomplished by the operator, who will keep a log of any performed maintenance. The operator is most familiar with the UAS and best suited to maintain it in an airworthy condition toprovide an equivalent level ofsafety and will do soprior to each flight. Should a mechanical issue arises, the UAS can land immediately, and given its smallsize, itposes minimal risk to persons or property. FAA rule which we seek exemption: **Section 91.407(a)(1)**  **prohibits, in**  **pertinent part,**  **any person**  **from operating**  **an aircraft**  **that has**  **undergone maintenance,**  **preventive maintenance,**  **rebuild ing,**  **or alteration**  **unless it**  **has been**  **approved for return to service by a person authorized under § 43.7 of the same chapter.**

NS Consulting/ Paul Najarro description of the exemption we seek: This is only applicable to aircraft with an airworthiness certi ficate. NS Consulting/Paul Najarro will keep routine andpreflight maintenance records, which will be accomplished by the operator, who will keep a log of any performed maintenance. The operator is most familiar with the UAS and best suited to maintain it in an airworthy condition toprovide an equivalent level ofsafety and will do soprior to each flight. Should a mechanical issue arises, the UAS can land immediately, and given its smallsize, itposes minimal risk to persons or property.
FAA rule which we seek exemption: **Section 91.409(a)(2)**  **prescribes, in**  **pertinent part,**  **that no**  **person may**  **operate an**  **aircraft unless,**  **within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with pa** **rt 21 of this chapter.**

NS Consulting/ Paul Najarro description of the exemption we seek:This is only applicable to aircraft with an airworthiness certificate. NS Consulting/Paul Najarro will keep routine andpreflight maintenance records, which will be accomplished by the operator, who will keep a log of any performed maintenance. The operator is most familiar with the UAS and best suited to maintain it in an airworthy condition toprovide an equivalent level ofsafety and will do soprior to each flight

. Should a mechanical issue arises, the UAS can land immediately, and given its smallsize, itposes minimal risk to persons or property. FAA rule which we seek exemption: **Section 91.417(a) and (b) prescribes, in pertinent part, that**
**— (a)**  **Each registered owner or operator shall keep the following records for the periods specified in**  **paragraph (b) of this section: (1)**  **Records of**  **the maintenance,**  **preventive maintenance,**  **and alteration**  **and records**  **of the**  **100 -**  **hour, annual,**  **progressive, and**  **other required**  **or approved**  **inspections, as**  **appropriate, for**  **each aircraft**  **(including the**  **airframe) and**  **each engine,**  **propeller, rotor,**  **and appliance**  **of an**  **aircraft. The**  **records must include —**  **(i) A**  **description (or**  **reference to**  **data acceptable**  **to the**  **Administra tor)**  **of the**  **work performed;and**  **(ii) The date of comple** **tion of the work performed; and (iii)**  **The signature,**  **and certificate**  **number of**  **the person**  **approving the**  **aircraft for**  **return to**  **service. (2)**  **Records contai ning the following information:**  **(i) The total time in servic** **e of the airframe, each engine, ea ch propeller, and each rotor.**  **(ii) The**  **current status**  **of life** 
**- limited**  **parts of**  **each airframe,**  **engine, p** **ropeller, rotor,**  **and appliance.**  **(iii) The**  **time since**  **last overhaul**  **of all**  **items installed**  **on the**  **aircraft which**  **are req** **uired to**  **be overhauled on a spec** **ified time basis. (iv)**  **The current**  **inspection status**  **of the**  **aircraft, including**  **the time**  **since the**  **last inspection**  **required by the inspection program under which the aircraft and its appliances are maintained.**  **(v) The**  **curren t**  **status of**  **applicable airworthiness**  **directives (AD)**  **and safety**  **directives including,**  **for each,**  **the method**  **of compliance,**  **the AD**  **or safety**  **directive number**  **and revision**  **date. If** **the AD**  **or safety directive involves recurring action, the time and date wh** **en t he next action is required.**  **(vi) Copies**  **of the**  **forms prescribed**  **by §**  **43.9(d) of**  **this chapter**  **for each**  **major alteration**  **to the**  **airframe and currently installed engines, roto rs, propellers, and appliances.**  **(b) The owner or operator shall retain the following**  **reco rds for the periods prescribed:**  **(1) The**  **records specified**  **in paragraph**  **(a)(1) of**  **this section**  **shall be**  **retained until**  **the work**  **is repeated or superseded by other work or for 1 ye** **ar after the work is performed. (2)**  **The records**  **specified in**  **paragraph (a** **)(2) of**  **this section**  **shall be**  **retained and**  **transferred with**  **the aircraft at the time the aircraft is sold.**  **(3) A list of defects furnished to a registered owner or operator under**  **§ 43.11**  **of this**  **chapter shall**  **be retained**  **until the**  **defects are**  **repaired and**  **the aircraft**  **is approved**  **for return to service.**  NS Consulting/ Paul Najarro description of the exemption we seek: The above is only applicable to aircraft with an airworthiness certificate. Prior to each flight, the UAS will undergo a routine preflight maintenance, which will be carried out by the pilot in command, who will keep a log ofanyperformed maintenance to be certain that the UAVis airworthy. The operator is most familiar with the UAS and best suited to maintain it in an airworthy condition to provide an equivalent level of safety. Additionally, if a mechanical issue arises, the UA can land immediately, and given its small size, it poses minimal risk to persons or property.**NS Consulting/ Paul Najarro Conclusion**
**Public Interest**
Given the small size of the UAS involved and the limited environment within which it will operate, its proposed operation falls squarely within that zone of safety. Also, because of the size of the UAS and the restricted areas in which the UAS will operate, the fact that there are no passengers, no fuel, as well as the extensive training and continuing education (annual) that the operator goes through prior to operations serves as additional safety, which will benefit the public. Granting the requested exemptions is in the public interest because of (1) the strong equivalent level of safety surrounding the proposed operations, and (2) the significant public benefit, including enhanced safety and reduction in environmental impacts (such as reduced emissions associated with allowing UAS for photography, survey and inspection operations).
NS Consulting/ Paul Najarro willingness and ability to carry out these same standards, which have proven tremendous success into the UAS industry can have a safe and meaningful initiative.Apendix A