**Exemption Request**

Regulatory docket number: TBD
The following petition is made by **Cody L. Kelley** and made to

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WA SHINGTON, DC 20591

for an exemption from Title 14, Code of Federal Regulations (14 CFR) part 21, subpart H; and sections 61.113(a) & (b), 91.7 (a), 91.121, 91.151 (b), 91.405 (a), 91.407 (a) (1), 91.409 (a) (1) and 91.409 (a) (2), 91.417 (a) and 91.417 (b),**SUMMA RY** 

Cody L. Kelley seeks exemption from 14 C.F.R. part 21, subpart H; and sections to operate an Unmanned Aircraft System (UAS) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Cody L. Kelle y to operate an UAS for the commercial purpose of conducting aerial video and photography for construction sites, real estate, surveying, and landscape over certain areas of the United States.

**INTRODUCTION** Cody L. Kelley has been actively flying and building fixed wing, helicopter, and multirotor model aircraft for 8 years. Kelley has been actively pursuing his private pilot license for almost five years, and started flight lessons at age twelve. Kelley has been a member of the Academy of M odel Aeronautics (AMA) since 2012 (AMA # 995192) and was rated as an IP Instructor by the AMA at age fourteen. Kelley has been a cadet in Civil Air Patrol for four years, and is currently the Cadet Commander of the Pilgrim Composite Squadron in Plymouth, Massachusetts. Kelley currently holds the rank of Cadet First Lieutenant. Kelley has attended Civil Air Patrol’s Model Aircraft and Remote Control Academy two times in Salina, Kansas, and was a cadet instructor both times. K elley also earned a full scholarship to the Experimental Aircraft Association’s (EAA) Advanced Air Academy in Oshkosh, W isconsin in order to learn about the manufacturing process of aircraft as well as advanced aerodynamics. Kelley also conducts a UAS Acad emy at the Marshfield Boys and Girls Club, where he instructs kids ages 10

- 17 on the proper flight instruction of UA’s, as well as current rules and regulations for safe and legal flight. The objective of Cody L. Kelley’s aerial photography is to provide high quality video and still images of landscape for public, private, and commercial uses including:

● Aerial inspections of private and public structures ● Aerial video and images for private and commercial property owners ● Aerial video and images for envi ronmental consulting ● Educate public and aspiring young people of safe and legal UAS operation In order to conduct these operations, Cody L. Kelley seeks an exemption to operate Blade systems, specifically the Blade Chroma, for compensation or hire within the National Airspace System (NAS). The Blade Chroma is a vertical take

- off and landing (VTOL) unmanned aircraft (UA) with a ground control station (GCS). All UAs will be operated by an individual with a pilotcertification, current FAA medical certificati on or a valid U.S driver’s license, and 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 flight certificate. **BA SIS FOR PETITION**  Petitioner Cody L. Kelley, pursuant to the provis ions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the Blade Chroma UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R part 21, subpart H; and Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **Name A nd**  **Ad dress Of The Petitioner:**  Cody L. Kelley 186 Foster Avenue Marshfield, MA 02050 Tel: (857)

- 294

- 0349 Email: coky444@live.com **Specific Sections of 14 C.F.R. From Which Cody L. Kelley** 

**Seeks Exemption: 1.**  **Cody L. Kelley** 

**Seeks Exemption From The Following Requirements Of Section 61.113(a) A**  **nd (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the follo** **wing, in relevant part:**

(a.) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (b.) A privat e pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

— (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensat ion or hire. **2. Cody L. Kelley** 

**Seeks Exemption From The Requirements Of Section 91.7 (a).** Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in airworthy condi tion.**3. Cody L. Kelley** 

**Seeks Exemption From The Requirements Of Section 91.121.** Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set,when operating

--

(1) Below 18,000 feet MSL, to

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting o f an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. **4. Cody L. Kelley** 

**Seeks Exemption From The Requirem ents Of Section 91.151(b).**  Section 91.151, entitled Fuel requirements for flights in VFR conditions , subsection (b), states the following: (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weath er 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. **5. Cody L. Kelley** 

**Sees Exemption From The Requirements Of Section 91.405(a).** Section 91.40 5, entitled Maintenance required , subsection (a), states the following: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]**6. Cody L. Kelley** 

**Sees Exemption From The Requirements Of Section 91.407(a)(1)** Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- ( 1) It has been approved for return to service by a person authorized under §43.7 of this chapter[.] **7. Cody L. Kelley** 

**Seeks Exemption From The Requirements Of Section 91.409 (a) (1) A nd**  **91.409 (a) (2).** Section 91.409, entitled Inspections, subsection (a ), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

-

(1) An annual inspection in accordance with part 43 of this chapter and ha s been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. **8. Cody L. Kelley** 

**Seeks Exemption From The Require ments Of Section 91.417 (a) and**  **91.417 (b).** Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, 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 ap propriate, 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 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 a irframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time 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 compliance, 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 airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the followi ng records 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 year 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 re tained until the defects are repaired and the aircraft is approved for return to service.**Extend Of Relief Cody L. Kelley** 

**Seeks A nd The Reason Cody**  **L. Kelley**

**Seek The Relief: 1. Extent Of Relief Cody**  **L. Kelley**

**Seeks An**  **d The Reason Cody L. Kelley** 

**Seeks Relief From Section 61.113(a) A**  **nd (b).** Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent nece ssary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

- hour and currency requirements, to conduct the proposed UAS flight operations for compensati on or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if: (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. As set forth more fully below, Cody L. Kelley submits that an equivalent level of safety will be maintained because no PIC wi ll be allowed to operate the Blade Chroma UAS unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate the Blade Chroma UAS in a manner consistent with the operations specifications as desc ribed in this exemption, including evasive and emergency maneuvers, as we ll as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Cody L. Kelley submits that all flights of the Blade Chroma UAS conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Cody L. Kelley’s business; and (2) will not carry passengers or property for compensation or hire. **2. Extend Of Relief Cody L. Kelley** 

**Seeks An**  **d The Reason Cody L. Kelley** 

**Seeks Relief From S**  **ection 91.7(a).** Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow Cody L. Kelley to determine that the Blade Chroma UAS is in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e. Monthly Maintenance Log, and Blade Chroma Instruction Manual). Cody L. Kelley seeks the requested relief because the Blade Chroma UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Cody L. Kelley will ensure that the Blade Chroma UAS is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and Blade Chroma Instruction Manual) prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. **3. Extent Of Relief Cody L. Kelley** 

**Seeks An**  **d The Reason Cody L. Kelley** 

**Seeks Relief From Section 91.121.** Relief from S ection 91.121, entitled Altimeter settings, may be required to allow flight

operations of the Blade Chroma, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Cody L. Kelley seeks the requested relief because t he Blade Chroma UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the Blade Chroma UA is equipped with a barometric pressure sensor and GPS eq uipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on the heads

- up display of the GCS. **4. Extent Of Relief Cody L. Kelley** 

**Seeks An**  **d The Reason Cody L. Kelley** 

**Seeks Relief From Section 91.151(b).**  Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of th e battery powered Blade Chroma UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly afte r that for at least 4.5 minutes. Cody L. Kelley seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered Blake Chroma UA will severely constrain the practicality of any aerial video or still photo flight operations that Cody L. Kelley proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the Blade Chroma UAS, the Blade Chroma operating documents, and Cody L. Kelley’s proposed operating limitations, ensure that Cody L. Kelley will safely operate the battery powered Blade Chroma UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duratio n of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

**5. Extent Of Relief Cody L. Kelley** 

**Seeks An**  **d The Reason Cody L. Kelley** 

**Seeks Relief From Sections 91.405(a), 91.407(**  **a)(1), 91.409(a)(1) & (a)(2), A nd 91.417(a) & (b).**  Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Cody L. Kelley requests relief from these Sections because the Blade Chroma UAS does not require airworthiness certificates. As set forth more fully below, the Blade Chroma UAS meets the conditions of FMRA Section 333 foroperation without an airworthiness certificate. Accordingly, Cody L. Kelley will use trained

tec hnicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents (i.e. Monthly Maintenance Log, and Blade Chroma Instruction Manual). Furthermore, Cody L. Kelley will document and maintain all maintenance records for the Blade Chroma UAS. **How This Request Would Benefit The Public A**  **s A Whole:**  Granting the present Petition will further the public interest by allowing Cody L. Kelley to safely, efficient ly, and economically perform aerial video and photography for construction sites, real estate, surveying, and landscape over certain areas of the United States. Additionally, use of the Blade Chroma UAS will decrease congestion of the NAS, reduce pollution , and provide significant benefits to the economy. Notably, the benefits of Cody L. Kelley’s proposed operation of the Blade Chroma UAS will be realized without implicating any privacy issues. **1. The Public Will Benefit From Decreased Congestion Of The N AS** 

**.** The Blade Chroma UA is battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a Blade Chroma UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the numbe r of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The Blade Chroma UA does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. **2. The Public Will Benefit From The Safety A**  **nd Efficiency**

**Of The Blade Chroma UA** **S.** Conducting aerial acquisitions with the Blade Chroma UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the Blade Chroma UAS produce no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft tha t are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The Blade Chroma UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UA is propelled by battery powered electric motors, rather than an internal combustion engine. By using the Blade Chroma UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associat ed with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from thelack of flight crew members located onboard the aircraft, the Blade Chroma UA (weighing

approximately 2 pounds 11 ounces, at the m aximum gross weight with a length of 16 inches and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weig hing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). **3. Performing A erial Video and Photography**  **Operations With The Blade Chroma UA S**  **Will Benefit The Economy**

**.** In addition to being safe and efficient, the Blade Chroma UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the Blade Chroma UAS will allow United States based companies, like Cody L. Kelley, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered Blade Chroma UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexib ility without the high operational cost of a traditional manned aircraft. By operating the Blade Chroma UAS, companies such as Cody L. Kelley, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the Blade Chroma UAS, provides a stable workforce that increases consumer spending; improves local, state, and fede ral tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There Will Be No Privacy Issues.**  Similar to the manned aerial acquisition flight operations that have been conducted for decades, Cody L. Kelley’s proposed operation of the Blade Chroma UAS will not implicate any privacy issues. Specifically, the Blade Chroma UAS will be operated only in compliance with operating documents (i.e. Monthly Maintenance Log, and Blade Chroma Instruction Manual) wh ich requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, includ ing the minimum altitude requirements of 14 C.F.R. § 91.119 **Reasons Why**

**T his Exemption Would Not A** **dversly A**  **ffect Saftey :**  **1. Reasons Why**

**T he Blade Chroma UA**  **Meet The Conditions Of The FAA Modernization and Reform A** **ct of 2012 (FMRA) Section 333.** In consi deration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Cody L. Kelley’s operation of the Blade ChromaUAS will meet the conditions of FMRA Section 333, and will not require an airworthiness

certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part: (a) In General.

-- Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of th is Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by sec tion 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and ( 2 ) whether a ce rtificate of waiver, certificate of authoriz ation, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Ope ration.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national ai rspace system.

In seeking this exemption, Cody L. Kelley submits that the Blade Chroma UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the Blade Chroma UAS; (b) the pilot certification requi rement; and (c) the specific operating limitations. **a. The Specifications Of The Blade Chroma Demonstrates Its Safe Characteristics.** The Blade Chroma UAS do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. **i. Technical Specifications Of The Blade Chroma UA S.**  The technical specifications of the Blade Chroma UAS are set forth by the Blade Chroma User Manuals, attached hereto as Exhibit A and B. **ii. The Blade Chroma UA S A**  **utonomous Flight A nd Navigation**  **Modes Enable The UAS To Remain Within A Defined Operational**  **Ar ea.**  The Blade Chroma UAS may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of the Blade Chroma UAS is provided in the manual attatched. **iii. The Blade Chroma UA S**  **Ar e Design**  **ed For A utomatic Return To**  **Home Point Or Hover In The Event Of Loss Of The Control Link Or Navigation.**  Wh en the Control Link is lost, the Blade Chroma UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the Blade Chroma UA h as not reacquired the control link data from the GCS, the UA will assume that the Control Link is lost and the UA will return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. A complete descriptio n of the Failsafe Functions of the Blade Chroma are set forth in the Blade Chroma User Manual, attached. **iv. The Blade Chroma GCS A nd Its Operation.**  A complete description of the operation and specifications of the Blade Chroma GCS and flight control s oftware is provided in the Blade Chroma User Manual, attached. **b. Flight Operations Of Blade Chroma UA S A**  **re Limited To The Line Of Sight Of A Certificated Pilot in Command With A**  **Safety Observer.** Cody L. Kelley will only utilize certificated pilots who possess a current and valid airman

medical certificate to act as a pilot in command (PIC) of the Blade Chroma UAS. Additionally, a safety observer will assist all pilots during flight time. **c. Flig hts Of Blade Chroma UA** **S Will Be Conducted Pursuant To Specific Operating Limitations.**  In seeking this exemption, Cody L. Kelley proposes to commercially operate Blade Chroma UAS for the special purpose of conducting aerial video and photography over cert ain areas of United States, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, rotorcraft UAS weighing less than 55 pounds maximum gross weight: Blade Chroma Unmanned Aircraft System. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under this exemption will be limited to conducting operations fo r the purpose of aerial video and photography. 3. The UA may not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specifi ed in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate. 6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted durin g flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents. 8. The SO must n ot perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.9. The operating documents and the grant of exe mption must be accessible during UAS

operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be c ontacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maint enance and alterations must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records. 12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already c overed in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraf t records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UAS operated under this exemption must comply with all manufacturer's Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.17. The PIC must possess at least a private pilot certificate and at least a current third

class medical certificate. 18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemptio n, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of t raining the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119. 19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. A ll operations must be conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical 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 operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 21. The UA may not be operated less than 500 feet below or less than 2,000 feet ho rizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in acc ordance with the operating documents. 23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and fore cast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Wa iver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airman(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the

operation. All ope rations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 29. The U A must remain clear and yield the right of way to all manned aviation operations and activities at all times. 30. The UAS may not be operated by the PIC from any moving device or vehicle. 31. Flight operations must be conducted at least 500 feet from a ll nonparticipating persons (persons other than the PIC, SO, 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 deb ris 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 operations 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 th ose objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 32. All operations shall be conducted over private or controlled

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

conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the Na tional Transportation Safety Board (NTSB) per instructions contained on the NTSB W eb site: www.ntsb.gov

. **2. Reasons Why**

**A n Exemption From The Requirements Of Section 61.113(a) A**  **nd (b) Would Not A** **dversely A** **ffect Safety**

**.** Cody L. Kelley submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will b e allowed to operate the Blade Chroma UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the Blade Chroma UAS in a manner consistent with the exemption, including evasive a nd emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering Cody L. Kelley’s proposed area of operations, and the operating limitations set forth

- above; the parallel nature of private pilot aero nautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the Blade Chroma UAS, Cody L. Kelley submits that the additional manned airmanship experience of a co mmercially certificated pilot would not correlate to the airmanship skills necessary for Cody L. Kelley’s specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Cody L. Kelley will not allow any PIC to operat e the Blade Chroma UAS unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the Blade Chroma UAS training and currency requirements, that the PIC is able to safely operate the Blade Chroma UAS in a manner consistent with this e xemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).As in Exemption Nos. 11062, 11138, and 11153, prior documented flight expe rience that

was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Cody L. Kelley’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance wit h applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and lo gged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours m ak e and model time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA als o finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted under the grant of exemption to accompl ish the required flight time. During training, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, Cody L. Kelley will ensure safe operations by not allowing any PIC to operate the Blade Chroma UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the Blade Chroma UAS in a manner consist ent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. **3. Reasons Why**

**A n Exemption From The Requirements Of Section 91.7(a) Would Not**  **Ad versely** 

**A ffect Safety** 

**.** The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Cody L. Kelley will ensure that the Blade Chroma UAS is in anairworthy condition based upon the UAS’s compliance with its operating documents and

as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 1 1063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **4. Reasons Why**

**A n Exemption From The Requirements Of Section 91.121 Would Not**  **Ad versely** 

**A ffect Safety** 

**.** The equivalent le vel of safety established by Section 91.121 will be maintained because the altitude information of the Blade Chroma UAs will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Cody L. Kelley’s operation of the Blade Chroma UAs within visual line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91.12 1. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UA at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161) . 5. Reasons W hy An Exemption From The Requirements Of Section 91.151(b) W ould Not Adversely Affect Safety. A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical spe cif ications of the Blade Chroma UA; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Cody L. Kelley will ensure that it will safely operate the battery powered Blade Chroma UA durin g daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11 109, the technical specifications of the Blade Chroma UA; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the Blade Chroma UA provide audible and visual warnings to the PIC at the GCS when the UA experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remai ning battery power. At the critically low battery level, the Blade Chroma will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the techni cal characteristics andoperating limitations of the UAS are considered. Relief has been granted for manned

aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has pr eviously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **6. Reasons Why**

**A n Exemption From The Requirements Of Sections 91.405(a),**  **91.407(a)(1), 91.409(a)(1) & (a)(2), A nd 91.417(a) & (b) Would Not A** **dversely A**  **ffect Safety**

**.** In seeking this exempt ion, Cody L. Kelley submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Cody L. Ke lley will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the Cody L. Kelley Aerial Operations Manual, Monthly Maint enance Log, and Blade Chroma Instruction Manual). Furthermore, Cody L. Kelley will document and maintain all maintenance records for the Blade Chroma Since the Blade Chroma UAS will be inspected as prescribed by the operating documents, Cody L. Kelley will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the Blade Chroma User Manual is attached hereto as Exhibit C and D; a copy of the Blade Chroma UAS Ma intenance LOG is attached hereto as Exhibit E. Likewise, the exemption sought will not adversely affect safety because Cody L. Kelley will use trained technicians to perform maintenance , alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a ) and 91.417(b), because all maintenance of the Blade Chroma UAS will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerni ng Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of Cody L. Kelley’s proposed operating limitations, the operating documents, and the technical aspects of the Blade Chroma UAS, Cody L. Kelley submitsthat safety will not be adversely affected by granting exemption from 14 C.F.R. Sections

91.405(a), 91.407(a)(1) and (a)(2), 91 .409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112 , 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). **7. The FAA**

**May Prescribe A**  **ny**

**Other Conditions For Safe Operation.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitl ed Special Conditions, Cody L. Kelley requests that the FAA prescribe special conditions for the intended operation of the Blade Chroma UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalen t to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UA for the l imited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, o r otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Lik ewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the Blade Chroma UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the nov el or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraf t, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accorda nce with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the Blade Chroma UAS, which contain such safety standards that theAdministrator finds necessary to establish a level of safe ty equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **A Summary** 

**T hat Can Be Published In The Federal Regis**  **ter:** Cody L. Kelley seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **A Brief Description Of The Nature Of The Exemption Cody**  **L. Kelley**

**Seeks:** This exemption will permit Cody L. Kelley to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States. **An y**  **Ad ditional Information, Vie** **ws , Or A**  **rguments A vailable To Support Cody**  **L. Kelley ’s**  **Request:** This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transport ation to determine if certain UAS may operate safely in the NAS. As such, Cody L. Kelley’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requi rements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed i n detail above, Cody L. Kelley will operate the Blade Chroma UAS safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security. **CONCLUSION** As set forth herein, Cody L. Kelley seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the Blade Chroma UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2 012, while also advancing the interests of the public, by allowing Cody L. Kelley tosafely, efficiently, and economically operate the Blade Chroma UAS commercially within

the NAS. Wh erefore, in accordance with the Federal Aviation Regulations and the FA A Modernization and Reform Act of 2012, Section 333, Cody L. Kelley respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407( a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Leading Edge to operate the Blade Chroma UAS commercially for the purpose of conducting aerial video and photography over certain areas of the United States. Dated: February 1st, 2016 Respectfully submitted, Cody L. Kelley **AP PENDICES**  A

- Blade Chroma Manufacturer's User Manual