Scott Aschoff CEO OCEAN drive Capital Advisors 5188 Ocean Drive Avalon NJ 08202 856

- 313

- 3654

The petitioner is requesting relief on the following regulations to improve the safety and reduce the response time of first responders. Part 21 prescribes, in pertinent part, the procedural requirements for issuing and changing design approvals, productions approvals, airworthiness certificates, and airworthiness approvals. Section 45.23(b) prescribes, in pertinent part, that when marks include only the Rom an capital letter “N” and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, co ckpit, or pilot

. Section 61.113(a) and (b) prescribe 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 com pensation 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 that business or em ploym e nt; and (2) The aircraft does not carry passengers or property for compensation or hire. Section 61.133(a) prescribes, in pertinent part, that a person who holds a commercial pilot certificate may act as pilot in command of an aircraft: (i) Carrying person s or property for compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation; and (ii) For compensation or hire, provided the person is qualified in accordan ce with this part and with the applicable parts of this chapter that apply to the operation.Section 91.7(a) prescribes that no person may operate a civil aircraft unless

it is in an airworthy condition. Section 91.7(b) prescribes that the pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur. 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 com bination thereof. Section 91.109(a) prescribes, 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. Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. 3 (b) Over congested areas. Ove r any congested area of a city, town, or settlem ent, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude o f 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. (d) Helicopters, powered parachutes, and weight

-shift

- cont rol aircraft. If the operation is conducted without hazard to persons or property on the surface

— (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 c om

plies with any routes or altitudes specifically prescribed for helicopters by the FAA; and (2) A powered parachute or weight

- shift

- control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section. Section 91.151(a) prescribes that no person may begin a flight in an airplane under visual flight rules (VFR) conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruisin g speed, (1) during the day, to

fly after that for at least 30 minutes [em phasis added]. Section 91.203(a) prescribes, in pertinent part, that no person operate a civil aircraft unless it has within it (1) an appropriate and current airworthiness certific ate; 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). 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. Section 91.319(a)(1), Aircraft having experimental certificates: Operating limitations, prescribes in pertinent part that no person may operate an aircraft that has an experimental certificate for other than the purpose for which the certificate was issued. 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 sam e part and shall, between required inspections, except as provided in paragraph (c) of the same section, have discrepanc ies repaired as prescribed in part 43 of the chapter. Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved fo r return to service by a person authorized under § 43.7 of the same chapter. Section 91.409(a)(2) prescribes that no person may operate any aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthi ness certificate in accordance with part 21 of this chapter. Section 91.417(a) 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) Reco rds of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approvedinspections, as appropriate, for each aircraft (including the airframe) and

each engine, propeller, rotor, and a ppliance of an aircraft. The records must include

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

- limited parts of each ai rfram e, engine, propeller, rotor, and appliance. 5 (iii) The tim e since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of complian ce, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airfram e and currently installed engines, rotors, propellers, and appliances.
The petitioner has provided or will provide the following information via hyperlinks

– contained in its petition and proprietary supporting docum entation: 1) Trimble UX5 Safety Checklist, 2) Training Manual, 3) UX5 Maintenance and Inspection Manual, and 4) Trimble UX5 Aerial Im aging Solution User Guide (User Guide),

– in support of its exemption request. The petitioner will submit additional information 1) FAA Experimental Airworthiness Certificate for its UX5, andThe petitioner states that given the size, weight, speed, and limited operating

area associated with the aircraft to be utilized by the applicant, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates), subject to certain conditions and limitations, is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 112

- 95 (Section 333). The petitioner states that the unmanned aircraft (UA) to be operated under this request is a fixed

- wing aircraft, weighs less than 6 pounds fully loaded, flies at a maximum speed of no more than 74.5 knots indicated airspeed (KIAS), and a cruise speed of 49 KIAS, carries neither a pilot nor passenger, carries no flammable fuels, and operates exclusively within a pre

- disclosed area. Operations under this exemption will be tightly controlled and mo nitored by both the operator and local public safety requirements. In addition, the UX5 has a semi

- autonomous navigation and control system com prised of a Ground Control Station (GCS) and auto

- pilot system . All flights are pre

- programmed with precise global positioning system (GPS) guidance and do not require human intervention. The flight mission area and routing cannot be changed after launch. Flights are not directed by positive manual control by the operator, nor are evasive maneuvers. In the case of unplanned events, the operator inputs pre

programmed evasive maneuvers from the GCS and the UX5 executes that maneuver. Pre

- programmed operator interventions include diversion to the right; initiation of holding at present position; suspension of mission; fly back to launch point; fly to point and hold; abort mission and land; and em ergency power cut off and land. Additional automated safety functions and safety enhancing features of the UX5 include: a. Auto

- pilot detection of lost GPS or of insufficient satellites initiates an immediate spiral landing; b. Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% levels; c. If the auto

- pilot detects a lost

- link to the GCS for longer than 30 seconds, landing procedure begins; d. The UX5 is inherently unstable; auto

- pilot failure will result in a rapid exit from flight; e. The UX5 has an on

- board fail safe that limits speed of a dive to no more than 14 m/s; f. The UX5 weighs less than 6 pounds and is constructed of EPP foam or similar material which is intended to absorb impact energy; and g. The UX5’s mo tor is driven by a pulse width modulated signal, not an analog signal.Regarding the display of appropriate aircraft markings (14 CFR 45.23), the

petitioner states that the UX5 has no entrance to the cabin, cockpit, or pilot station on which the word “experimental” can be placed. Further, given the size of the UA, two

- inch lettering would be impossible. The petitioner states that an equivalent level of safety will be achieved by having the UX5 marked on its forward fuselage as required by § 45.23(f) where the pilot, observer and others working wi th the UA will see the identification of the UAS as “experimental.” The petitioner states that maintenance of the UX5 will be accomplished by the owner/operator in accordance with the UX5 Maintenance & Inspection Manual. The UAS is small in size, carries no external payload, and is not a com plex m echanical aeronautical device. Furthermore, the petitioner states that the UX5 operator will attend a manufacturer’s training program, is the most familiar with the UX5, and is best suited to maintain the aircraft in an airworthy condition. Additionally, the UX5 Maintenance & Inspection Manual contains procedures for periodic inspections and replacement intervals for UX5 airfram e and com

ponent parts, includi ng instructions for the performance of inspections, maintenance and record keeping. Other companies have been issued an FAA Special Airworthiness Certificate in the Experimental Category for the UX5. T he UX5 has accumulated more than 200 registered test flights and more than 475 registered production flights, amounting to a total of more than 170 flight hours of testing. UAS Pilot In Command (PIC)

. The petitioner asserts that operators of the UX5 should not be required to hold a commercial or private pil ot certification and the petitioner notes that unlike a conventional aircraft that carries a pilot, passengers, and cargo, the UX5 is rem otely controlled with no passengers or property of others on board. The petitioner proposes that operator requirements should take into account the characteristics of the particular UAS. The petitioner states that the UX5 has a high degree of pre

- programmed control and various built

- in technical capabilities that strictly limit the potential for operation outside of the op erating conditions set forth in its petition for exemption.The petitioner states that given the UX5 safety features, it proposes that the

operators of the UX5 should be required to (1) have successfully completed FAA private pilot ground instruction and passed the FAA Private Pilot written examination or FAA

- recognized equivalents; and (2) have will successfully complete the manufacturer’s training program for operation of the UAS which has been approved by the FAA through its Special Airworthiness Certi ficate process. The petitioner notes that the FAA has found that safety factors permitted operation of UASs by operators with these qualifications in the case of operations pursuant to public COAs when the mandatory operating conditions specified above we re present. The petitioner argues that given these conditions and restrictions, an equivalent level of safety will be provided by allowing operation of the UX5 without a private pilot’s certificate or a commercial pilot’s certificate. The petitioner also believes the FAA has the statutory authority to grant exem ptions to the requirements for, and privileges associated with, the grant of airmen’s certificates and then references 49 USC § 44701 (f). UAS Operating Parameters

. The petitioner notes that the UX 5 will be restricted to an altitude of 400 feet above ground level (AGL) and will occur in Class G airspace. The petitioner states that all operations will occur during daylight hours and the FAA will have advance notice of all operations through the filin g of notices

- to

- airm en (NOTAMs). The petitioner asserts that all operations will avoid congested or popul ated areas . The petitioner further asserts all operations will be conducted over private , public and controlled access property. The petitioner notes that it will obtain permission from land owner/controller prior to the beginning of every flight when filming . All operations will occur under Visual Flight Rules Meteorological Conditions (VMC) only. The petitioner asserts that the size of the aircraft , the lack of flammable fuel, and the fact that the aircraft is carried to the location and not flown there all establish the equivalent level of safety. The petitioner states that the UX5 construction with energy absorbent material provides at least an eq uivalent level of safety compared to operations being conducted with conventionalaircraft that would be orders

- of

- ma gnitude larger and would be carrying passengers, cargo, and flammable fuel. With respect to the fuel requirements, the petitioner notes th at, in order to meet the 30 minute reserve requirements in 14 CFR 91.151, UAS flights would have to be limited to approximately 20 minutes. The petitioner states that limiting UX5 flights to 20 minutes would greatly reduce their utility. The petitioner argues that, given the limitations on the UA’s proposed operations and the location of those proposed operations, a longer time fram e for flight in daylight VFR conditions is reasonable. The petitioner believes that an equivalent level of safety can be ach ieved by maintaining 10 mi nutes of reserve fuel, which, allowing 40 minutes of flight time, would be mo re adequate to return the UAS to its planned landing zone from anywhere in its operating area. Public Interest: The petitioner states that approval of t he exem ption allowing commercial oper ations of the UX5 will enhance safety by reducing risk and providing environmental benefits and thus is in the public inte rest. Conventional aerial operations for mo tion picture or television operations, monitor rail l ine activities, commercial pipeline activities, to conduct it own research and to develop economic platforms for law enforcement, first responders and search and rescue in the southern half of New Jersey , using jet or piston

powered aircraft present risks associated with aircraft that weigh in the neighborhood of 5,000 to 7,000 pounds or more, carry large quantities of fuel, passengers, and, in some cases, cargo. Such aircraft must fly to and from the survey location. In contrast, a UX5 weighs less than 6 p ounds and is powered by batteries eliminating a portion of that risk given the reduced mass and lack of com bustible fuel carried on board. Further, the UX5 will perform operations for mo tion picture or television operations, mo nitor rail line activities, commercial pipeline activities, to conduct it own research and to develop economic platforms for law enforcement, first responders and search and rescue in the southern half of New Jersey location, not flown there; it will carry no passengers and thus will not expose any individuals to the risks associated with manned aircraft flights. Thus, the petitioner states it is in the public interest to grant this petition.In the past NAAA has stated that the UX5 is designed to operate with pre

programmed GPS guid ance and does not require human intervention and according to the application, the aircraft’s mission area and routing cannot be changed after launch. NAAA further stated that if an unplanned event occurs, the operator inputs pre

- programmed evasive maneuve rs into the control unit and asserted that the pilot/operator of the UX5 may become less vigilant and complacent since he or she has no piloting duties to perform during normal flight operations. Certificate of Waiver or Authorization (COA) to address airspace requirements and notification. Further detail is contained in the analysis of the UAS operating parameters below. NAAA commented that the UA should have assigned numbers that can be read from a suitable distance to aid in identification when enforcem ent of flight regulations is required. The FAA partially agrees with NAAA. The UA operated under this exemption will be marked in accordance with 14 CFR part 45 or as otherwise authorized by the FAA. Further detail is contained in the analysis of the UA S below.

**The Petitioners analysis is as follows:**  Unm anned Aircraft System (UAS) The petitioner is requesting relief from 14 CFR part 21. In accordance with the statutory criteria provided in Section 333 of P.L. 112

- 95 in reference to 49 USC § 44704, an d in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, T The petitioner concludes the UX5 aircraft and its operation was subject to a com prehensive safety risk assessment by the FAA in the past , and as part of that process, and it was determined that the UAS could be operated safely subject to certain operating limitations to ensure the safety of persons, property, and other aircraft in the NAS. These operating limitations prescribed as p art of the experimental airworthiness certification process that are appropriate and necessary to ensure safety will be included in the exemption conditions and limitations

.Manned aircraft conducting aerial surveying , monitoring and saftey

operations ca

n weigh 5,000 to 7,000 lbs. or more and are operated by an onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner’s UA will weigh less than 6 lbs. The pilot and crew will be rem otely located from the aircraft. The limited w eight and construction with im pact absorbent materials significantly reduces the potential for harm to persons or damage to property in the event of an incident or accident. The risk to an onboard pilot and crew during an incident or accident is eliminated with the use of a UAS for the aerial surveying operation. Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The UX5 carries no fuel and therefore the risk of fire following an incident or accident due to fuel spillage is eliminated. The petitioner’s UAS has the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an auto

- pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of GPS or a lost

- link event with a pre

- coordinated, predictable, autom ated flight m aneuver. These safety features provide an equivalent level of safety compared to a manned aircraft holding a restricted airworthiness certificate performing a similar operation.

T he petitioner’s represents the Maintenance and Inspection Manual, Safety Checklist, and User Guide contain sufficient information for the preparation and care of UX5 equipment; the petitioner’s extensive UX5 flight testing further validates these procedures before the first commercial flight

. Thank you for your consideration, Scott Aschoff