1 | Page



### Novem ber 22 , 2015

Aron C. Bechiom , Jr.
U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590
**Re: Exemption Request under Section 333 of the FAA Modernization and Reform Act and 14 C.F.R. Part 11**  Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Aron C. Bechiom, Jr. ( Petitioner ), seeks an exemption from the Federal Aviation Regulations (FARs) listed and discussed in Appendix A in orde r to allow for Commercial, Research, and Volunteer operation s of small Unmanned Aircraft Sy stem ( s UAS) under the conditions and limitations se t forth in this application for Petition. The requested exemption would permit the Petitioner t o safel y, efficient ly and economically

use commerciall y purchased and/or purpose

- designed s UAS within the National Airspace Sy stem (NAS) for operations conducted within and under the conditions outlined in this Petition or as established by

the FAA as required b y Section 333. The requested exemption would authorize the Petitioner to perform commercial, research , and volunteer assistance operations with UAS that will provide the following benefits to the public:

・ Public, Private, and Commercial research and Contract Commercial U se of UAS to acquire aerial imagery and data collection in support of precision agricultural, natural resource mo ni toring, Wind Farm inspections, Wind Turbine tower and blade inspections, Vertical Structure inspections, Coastal Er osion survey ing, Flood Zone monitoring, Homeowner and Real Estate Insurance investigation, Property Securit y land survey, contract university scientific research , Disaster Damage A ssessment

- both natural and man

- made, Federal, State and Local government Emergency

Management and Law Enforcement assistance.

・ Application of UAS shall reduce risk, both direct and indirect, in areas where terrain or subject matter is inaccessible, inhospitable, hazardous and unsafe to enter, or may cause undue injury

or los s of life.

・ UAS operations at low altitudes (< 400 ft. AGL) provide high resolution imagery that cannot be acquired with manned aircraft without compromising safet y and adding excessive levels of risk to life and propert y. Special exemption/modification t o the <400’ AGL restriction requested2 | Page

in the performance of Vertical Structure, Wind Farm site, and Wind Turbine and Blade inspection operations.

・ UAS options for collecting imagery and data result in increased efficiencies that directl y influence and benefit agriculture, natural resources, and scientific research and monitoring.

・ Research use of UAS can obtain data products which will directly influence and improve efficiencies within several applications. This has the potential of enhancing productiv ity while providing benefits to research, industry , and the general public.

**STATEMENT OF BACKGROUND AND PUBLIC BENEFIT**

With th e vast amount of open farmland in the coastal region of northeast North Carolina, Petitioner will provide public benefit in man y forms, to many industries and entities

. For instance, a 22,000 acre wind farm initially planned for 104 turbines is currently under construction in northeast North Carolina. Wind turbines will be in constant need of inspections

. Such inspections are to prevent catastrophic blade failures. Fatigue cracks, lighting damage, and composite delamination are all warning signs that are revealed during inspections. At heights reaching 600 feet AGL, a UAS is not only sa fer, but highly

e fficient in terms of man

- hours

. If proposed exemption is approved, the Petitioner further intends to acquire and provide aerial imagery and data solutions in support and monitoring studies as they appl y to natural resource based and precis ion production agricultural activities. T hese shall include cropland observations, invasive species monitoring, geologi c and geomorphic survey s, forestry and rangeland health

. The applicati on of UAS in these instances have the ability to produce valuable and sustainable data products enhancing industry and public land operations. These products will provide definitive results for improving precision agriculture understanding and natural resource based activities. I n time, t he specific benefits will provide increased crop harvest quality and quantity throughout growing areas where prudent water use and irrigation are required
**.** Petitioner holds a current FAA Private Pilot license and a Class II medical. Petitioner is also a f ormer military

UAS mission pilot and C

- 130 Navigator. Petitioner holds a Certificate of Completion in Professional Education course on Unmanned Aircraft S ys tems from Embry

Riddle Aeronautical University . Petitioner also holds a Certificate of Completion i n Small UAS Safety Awareness Course from Unmanned Safet y I nstitute. Petitioner will perform all mission planning, site safet y evaluation, and flig ht operations. UAS will include the necessary sensor package for the mission. Data and imagery acquired will be anal yz ed and assemble into a final product. This deliverable will include geospatial products derived from post

- processing techniques of the acquired data and imagery . Such data will be disseminated for further research, journal publications, and for th e customer. Due to the limited size, speed, weight, and nature of the commercial and research operations, to include the geographical locations away from populated areas, flight operations pose minimal risk, if an y, to persons or propert y.3 | Page

The name and address of the Petitioner is: Aron Bechiom Telephone: (252) 455

- 2704 Email: autooptx@gmail.com Address: 915 Third St. Elizabeth City , NC 27909

**QUALIFICATION FOR APPROVAL UNDER SECTION 333 OF THE REFORM ACT** 

The UAS operations proposed in this application of petition for exemptions qualify for expedited approval under Section 333 of the Reform Act. This petition outlines how each statutory criterion as well as other potentially relevant factors are satisfied. The proposed operations would permit the use of small UAS within the National Airspace Sy stem (NAS) under controlled operational conditions. I n man y cases, these criteria outlined below will equal or exceed a level of safet y that could not be achieved usi ng manned fixed wing or rotor aircraft in order to accomplish the same purposes. Petitioner is proposing to operate rotorcraft UAS. Each UAS, inclu ding payload weighs less than 10 lbs., and alway s less than 55 lbs. Operations would occur under visual meteorological conditions (VMC) at speeds less than 50 knots. UAS are primaril y constructed of foam, aluminum, carbon fiber and plastic materials. Operations will be performed by qualified UAS Pilots (PI C) and Visual Observers (VO), in order to ensure tha t UAS will "not create a hazard to users of the national airspace system or the public." Given the small sizes of the UAS, the pre

planned operation locations, flight paths, and the required VFR flight conditions, the Petitioner believes that these operati ons fall directly within or exceed the required level of safet y. Under the Reform Act, Congress has endorsed through exemption that the FAA will allow commercial operations of UAS to commence immediatel y if an appropriate level of safety is achieved or exc eeded. The Petitioner believes an “equivalent level of safet y” or greater will be achieved b y the proposed outlined operations. It is also determined that due to the dimensions, materials , light weight and low kinetic energy of the UAS, remote operational sites , and the VFR conditions in which UAS flights will take place, approval of this application of petition presents no threat to national securit y. The operation of UAS under these conditions will serve to guarantee pilot,4 | Page

public and propert y safety whil e adding tangible benefits to industry , the economy , scientific research, and the general public. Petitioner, acting as UAS Pilot in Command (PI C) and Visual Observer (VO) agree to the requirements and c onstraints of these limitations and conditions for c onducting commercial operations within the National Airspace under an FAA issued exemption: Pertaining to UAS

・ UAS will weigh ty

pically less than 25 lbs., and alway s less than 55 lbs.

・ UAS will operate ty

pically at a maximum speed of no greater than 50 knots, and alway s less than 87 knots.

・ UAS will operate at or below 400ft AGL

. Special consideration to pre amend 400’ AGL restriction to operate no higher than 100’ feet above tall structures, when structure or parts thereof, already exceed the 400’AGL ceiling.

・ UAS shall not be operated within 5 miles of an airport without prior approval of, and establishing a line of communication for the duration of the flight operations with th e controlling authority of that airspace/airport.

・ UAS will be operated within visual line of sight (VLOS) of the PIC and VO(s).

・ UAS will follow pre - determined flight paths over the missi on area conducted via automated navigational flight software.

・ UAS will be operated under visibility and cloud clearance requireme nts equi valent to Visual Flight Rules (VFR).

・ UAS will be equipped with an autopilot sy stem. UAS will utilize GPS na vigation, s ys tematic pre - flight checks, and failover safet y mechanisms as return

- to

- home (RTH), aut o - land, loiter and flight abort safet y features. Pertaining to Pilots, Visual Observer(s) and Ground Control Station crew

・ Minimum crew for each operation will consist of the UAS Pilot in Command (PI C), Visual Observer /s (VO) and/or Ground Control Station (GCS) crew.

・ The UAS pilot will be considered the Pilot in Command (PI C) and be responsible for conducting safe flight operations.

・ PI C, VO(s) and/or GCS crew will have communications estab lished in advance of any flight operations.

・ A briefing will be conducted in regard to the planned UAS flights prior to operation at each new location. All personnel who will be performing duties within the boun daries of the area of operation will be present for this briefing.

・ The UAS pilot will be trained for the safe operation of th e UA to be operat ed. This will i nclude operation of the UAS in normal and emergency procedures and will include familiarization with the flight manual (or similar) furnished b y the UAS manufacturer. Training will also include basic flight maneuvers, navigational awareness, emergency procedures, loss of uplink, loss of downlink, loss of GPS and safe flight operations in the vicinity of p ersons, propert y and applicable airspace.5 | Page

Pertaining to Flight Operations

・ Risk assessment evaluation for safe site operations and flight conditions before each mission.

・ Prior to a UAS flight, an area of operation will be established. This area of operation will include a defined lateral and vertical area, where the UAS will operate. Safety procedures will be established for persons , propert y and applicable airspace within the area of operation.

・ Flights will be operated in Class G airspace whenever possible. If operation in other airspace is required, the appropriate controlling authorit y will be notified at least 24 hours prior to the operation and, if required, any necessary

permission obtained.

・ See and avoid: If at any time the operator see or hears another aircra ft and it appears that aircraft may

come within one (1) mile of the UAS, or it is questionable whethe r or not it wil l do so, the PI C shall immediately descend the UAS and direct it on a heading toward the designated landing area, or alternate landing area if necessary , until the UAS has landed or it is determined the other aircraft has maintained a separation of one (1) mile.

・ The UAS shall operate from on

- site launch/landing locations directl y next to the PI C and GCS crew. Non

- essential flight operation personnel will be at an appropriat e distance away or a minimum of 100 ft from the operation unless barriers or struct ures are in place which may sufficiently

protect non - participating persons in case of UAS emergency

.

・ Flight planning will include flight completion with at least 25% batt er y power remaining as measured by

the UAS or appropriate flight time planning.

・ A Ground Control Station (GCS) will be connected by radio communication to the UAS during the entire flight operation. Flight information relay ed to the PIC will incl ude UAS GPS position, altitude, speed, compass heading/bearing, aircraft angle of attack, fl ight tim e, battery power remaining, and other telemetry information.

・ D ocumented ( written/fax/email) or recorded verbal permission from property owners or land management agency

will be obtained prior to an operation. All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or au thorized representative will be obtained for each flight to be conducted. In summary , it is the Petitioner 's belief that the size, weight, low kinetic energy , speed, remote opera ting environment, Petitioner

- imposed restrictions, and operating capabilities of each UAS will provide an "equivalent level of safet y" or better when operat ing for commercial and /or public benefit as outlined in Section 333 of the Reform Act. Petitioner appreciates the time and consideration devoted to this request for exemptio n to permit safe and legal UAS operations within the N AS. Respectfully , Aron C. Bechiom, Jr. Telephone: (252) 455

- 2704 Email: autooptx @gmail.com Address: 915 Third St. Elizabeth City , NC 279096 | Page

**EXEMPTION IS REQUESTED FROM THE FOLLOWING REGULATIONS:** 14 C.F.R. Part 21 ...........................

......................................................... Page 8 14 C.F.R. Part 27 ...........................

...................................................... .... Page 8 14 C.F.R. 91.203(a) & (b ) .......................................................................... Page 8 14 C.F.R. 45.23(b) ........................

........................................................... Page 10 14 C.F.R. 45.27(a) ........................

........................................................... Page 1 0 14 C.F.R. 91.7(a) ..............................

...................................................... Page 9 14 C.F.R. 91.9(b)(2) & (c) .................................

......................................... Page 9 14 C.F.R. 61 ....................................

...................................................... Page 11 14 C.F.R. 61.3 ...........................

............................................................ Page 11 14 C.F.R. 61.113(a) & (b) ............

............................................................... Page 12 14 C.F.R. 61.133(a) ........................

......................................................... Page 12 14 C.F.R. 91.103 .................................

................................................... Page 13 14 C.F.R. 91.109(a) .....................

............................................................ Page 14 14 C.F.R. 91.119(c) ...........................

....................................................... Page 14 14 C.F.R. 91.121 ...........................

......................................................... Page 15 14 C.F.R. 91.151(a) ........................

.................................... ..................... Page 15 14 C.F.R. 91.405(a) .....................

.......................................... .................. Page 16 14 C.F.R. 91.40 7(a)(1) .........................................................

..................... Page 16 14 C.F.R. 91.409(a)(2) ...............

.......................................... ..................... Page 16 14 C.F.R. 91.417(a) ........................

....................................... ................... Page 16

Appendix A discusses each rule listed above and explains why exemptions pursuant to the propo sal set forth in this letter are appropriate while providing an equivale nt level of safety and consider the public interest.7 | Page **GLOSSARY OF TERMINOLOGY** 

AGL Above Ground Level CFR Code of Federal Regulations
COA Certificate of Authorization
FAA Federal Aviation Administration
GPS Global Positioning Sy stem GCS Ground Control Station
NAS National Airspac e S ys tem NOTAM Notice to Airmen OJT On the Job Training
PI C Pilot in Command
VFR Visual Flight Rules
VLOS Visual L ine of Sight
VMC Visual Meteorological Conditions
VO Visual Observe
UAS Unmanned Aircraft S ys tem SOP Standard Operating Procedures8 | Page **APPENDIX A EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY**  The Petitioner requests an exemption from the following regulations as well as any additional regulations that may

technically

apply to the operation of UAS: **14 CFR PART 21, SUBPART H: A irworthiness**  **C ertificates**  Section 91.203(a)(1) requires all civil aircraft to have “an appropriate and current airworthiness certificate .” Part 21, Subpart H, entitled Airworthiness Certificates, establishes the a pplicability and the procedural requirements for the issuance of airw orthiness certificates as required b y FAR § 91.203(a)(1). With the size of the UAS (ty pically less than 25 lbs., and alway s less than 55 lbs.) and the limited flight operation areas, it is unnecessary to undergo the certificate of airworthiness process un der Part 21 Subpart H to achieve or exceed current levels of safet y

. Such an exemption meets the requirements of an equivalent level of safet y u nder Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Refor m Act both authorize the FAA to exempt aircraft from the requirement of an airworthiness certificate of the UAS involved upon consideration of the size, weight, spe ed, operational capability , and proximity to airports and populated areas. Thes e outlined conditions a ll apply to the UAS considered in this proposed exempt ion, therefore an airworthiness certificate is not applicable. The FAA has issued the following exemptions to this regulation; Exemption Nos. 11138, 11062, 11067, 11080, 11114, and 11112. **14 CFR Part 27** 

**– Airworthiness Standards: Normal Category Rotorcraft**  14 CFR Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft to the extent petitioner’s UAS would otherwise require certification under Part 27. Petitioner seeks exemption for the same reasons identified in the request for exemption from 14 CFR Part 21, Subpart H. **14 CFR § 91.203 (A) & (B): C arrying**  **C ivil**  **A ircraft**  **C ertification**  **And R**  **egistration** This regulation provides as follows: (a )“... no person may operate a civil aircraft unless it has ... an appropriate and current airworthiness certificate.”9 | Page

(b )”No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight author ization issued under §91.715 is displayed at the cabin or cockpit en trance so that it is legible to passengers or crew.” The UAS with a full capacity pay load weighs no more than 25lbs, and alwa ys less than 55 lbs. Due to the small size there is no open ca bin or cockpit. There is no space, or onboard storage place located in/on the UAS in which to carry certification and registration documents. An equivalent l evel of safet y will be achieved by keeping proper documentation at the location of the Ground Contr ol Station where the PIC, VO or GS crew and others working with the UAS will have readil y available acc ess to them. The FAA has issued the following exemptions to this regulation; Exemption Nos. 9565A, 9565B, 9789, 9789A, 9797, 9797A, 9816A, and 9816. Further examination of §91.203 (a) & (b) conditions lends that UAS op erated without an airworthiness certificate, under the conditions proposed in this petition, will achieve the equiva lent level of safet y or better, than a conventional manned aircraft (fi xed wing or rotorcraft) with an ai rworthiness certificate for the purposes outlined in this application. The UAS will not carr y a pilot or pass enger, will not carry flammable fuel, and will operate only within small well

defined locations. All operations w ill be in compliance with the limitations and conditions stated in this application for petition. The FAA will have advance notice of all operations through the filing of Certificates of Waiver or Authorizati ons (COA) and Notices to Airman (NOTAMS) not mor e than 72 hours in advance, but not less than 48 hours pri or to conducting an y operations under this grant of exemption. I n summary , the size of the aircraft, the lack of flammable fuel and the fact that the UAS is carried to the location, rather than flow n to the site of oper ation, all create an equivalent level of safet y. The UAS provides and even exceeds an equivalent lev el of safet y when comparing low altitude operations conducted with conventional manned aircraft that would be carry ing passengers, carg o, and flammable fuel. **14 CFR § 91.7(A): C ivil**  **A ircraft**  **A irworthiness**  This regulation requires that “no person may operate a civil aircraft unless it is in airworthy condition

. ” Should the exemption be granted allowing commercial operation of UAS withou t an airworthiness certificate, no standard will exist for airworthiness of the UAS. An equivalent level of safe ty will be achieved by

ensuring compliance with the UAS standard operating procedures, flight operations manuals, and following established prac tices which utilize safet y checklists, pre - flight che cklists and regularl y scheduled maintenance. The FAA has issued the following exemptions to this regulation; Exemption Nos. 11159, 11157, 11153, 11150, 11138, 11136, 11109 and 11080. **14 CFR § 91.9 (B)(2): C**  **ivil A**  **ircraft F**  **light M**  **anual In The**  **A ircraft**  This regulation provides guidance for aircraft flight manuals . (b)”No person may operate a U.S.

- registered civil aircraft ... (2) “For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.”10 | Page

The UAS is small in size and there is no cabin or cock pit entrance to the UAS. There is no onboard pilot, passenger(s) or crew. Due to the small size, configuration with no cockpit or c abin for a pilot, passengers or crew, there is no room or capacity onboard to carry

a flight manual. The equ ivalent level of safet y will be achieved b y keeping the flight manual(s) and standard operating procedure s at the Ground Control Station where the pilot in command and GCS crew fly ing the UAS will have readil y available access to it. Previous exemptions g ranted by the FAA concerning Section 91.9(b) establi sh that safety is not adversel y affected when the approved Aircraft Flight Manual is kept at the Ground Con trol Station of a UAS, where it can be immediatel y accessed b y the pilot in command. Section 91.9 (b) “requires aircraft to carry the flight manual so the pilot would have ready access to the aircraft limitations while in flight.” However, the FAA has also determined that UAS will alway s be operated without any passe ngers or crew onboard, and that “req uiring these special

use aircraft [UAS] to carry superfluous paper documents may present a safety hazard to the integrity of the [UAS] .” The FAA has issued the following exemptions to this regulation; Exemption Nos. . 8607, 8737, 8738, 9299, 9299A, 9564, 9564B, 9720, 10167, 10167A, 11112, 11114, and 11138. **14 CFR § 45.23, 45.27 & 91.9(C): M arking**  **Of The Aircraft**  Regulation 45.23 states (a) “Each operator of an aircraft must display on that aircraft marks consisting of the Roman capital letter “N” (denot ing United States registration) followed by the registration number of the aircraft. Each suffix letter used in the marks displayed must also be a Roman capital letter.” (b ) 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 operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less th an 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport,” “experimental,” or “provisional,” as applicable.” Regulation 91.9(c) provides: “No person may operate a U.S.

- registered civil aircraft unless that aircraf t is ident ified in accordance with part 45 of this chapter.” UAS does not have entrance to a cabin, cockpit, or pilot station on which markings can be placed. The small size of the UAS prevents marking the UAS with two

- inch lettering. Official marking s ys tems for U AS have not yet been established for operations inside the NAS. However, the Petitioner i s prepared to mark the UAS with appropriate sized markings for the UAS. This can include identification as th e name of the organization, its location of origin and air craft serial numbers. The UAS Ground Control Statio n will also have proper marking § 45.29(f) where the Pilot, Visual Observer(s), and others working with the UAS will see the identification of the UAS and GCS. The FAA has issued the following exemptions to this regulation; Exemption Nos. 8738, 10167, 10167A and 11112, 11136, 11109, and 11062.11 | Page

14 C.F.R. § 45.27(a), Rotorcraft, states: Each operator of a rotorcraft must display on that rotorcraft horizontally

on both surfaces of the cabin, fuselage, boom , or tail the marks required by § 45.23. In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft "have ide ntification (N

- Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." FAA Docket No. FAA

- 2014

- 0352

**14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges And Limitations**  Petitioner will require its PI Cs to hold a valid FAA issued Airman’s Certificate and an FAA Medical Certificate. Accordingl y, Petitioner seeks exemption from 14 CFR Part 61, including 14 CFR § 61.3 to the extent that these regulations are interpreted as requiring an employ ee receiving UAS pi lot instruction to have a private pilot's certificate. All employ ee instruction flights will be conducted under closel y contr olled environment , outside of navigable airspace and away from persons or propert y not involved in the instruction. In addition, th e employ ee instruction flights will be conducted under the close supervision of Petitioner , who holds a valid FAA issued Private Pilot L icense

. In addition, to the extent that Petitioner may emplo y persons with an FAA issued private pilot license to oper ate its UAS, an exemption is also sought from 14 C.F.R § 61.113, which restricts private pilot certificate holders from fl yi ng aircraft for compensation or hire, and which would also require a se cond class medical certificate. The UAS’s carry neither passengers nor cargo. Moreover, in the Astraeus Aerial Grant of Exemption (FAA Docket No. FAA

- 2014

- 0352), the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the additional cost and restrictions attendant with requiring the PI C to have a Commercial Pilot Certificate and Class II Medical Certificate. Petitioner will ensure an equivalent level of safet y to the regulatory requirements of 14 C.F.R. Part 61, including 14 C.F.R. § § 61.3 and 61.113 by following the safet y procedures incorporated in the Petitioner ’s to be developed UAS Ops/Flight Manuals. Specific all y, the UAS Flight Mission Procedures and Training protocols will be developed as part of Petitioner ’s UAS Flight Operat ions Manual, to include numerous conditions and limitations which ensure the proposed UAS operations can be conducted safely . These will include a minimum of a Class III Medical Certificate for all PI C’s , VO’s, and GCS, including OJT employ ees , along with a demonstration of proficiency

through written/oral examination covering all flight operations. In addition to these training and experience requirements, Petitioner will place additional restrictions on its proposed UAS operations to ensure an extra marg in of safety . The UAS will only operate in a controlled and sterile area away from persons and property not involved in the operation. As a requirement to be included in the final copy of Petitioner ’s UAS Ops/Flight Manuals, the PI C will maintain a 500 foot buffer from non

- participating personnel, as well as12 | Page

buildings, vessels and vehicles that are not part of the UAS operation being conducted. It will be flown based on VLOS at 400 feet AGL or below

. P etitioner will also file a NOTAM with the appropriate ATC facilit y between 48 and 72 hours before the flight is to occur. Petitioner ’s intended UAS Ops/Flight Manuals will include within it; crew position qualification, currency , initial and recurrent trai ning requirements for employ ees , to ensure that Petitioner ’s UAS operators are competent and proficient in the UAS they are operating. Collectively , these procedures ensure that the proposed UAS operations can , and will, be conducted safely , efficientl y, and professionally

.
**14 CFR § 61.113(A) & (B); 61.133(A): P rivate**  **P ilot**  **P rivileges**  **AND L**  **imitations ; P**  **ilot In C**  **ommand ; C**  **ommercial P**  **ilot P**  **rivileges AND**  **L imitations**  Sections 61.113 (a) & (b) provide regulations for the limitation of private pil ot privileges to non

commercial operations. Section 61.133(a) requires an individual to hold a commercial pilot’s license when acting as pilot in command of an aircraft used for compensation or hire. UAS will not c arr y a pilot or passengers. The proposed o perations can achieve the equivalent level of safet y b y requiring th e UAS PI C to undergo UAS flight instruction, hold at least a private pilot's license or other FAA recog nized equivalent, rather than a commercial pilot's license to operate small UAS. Unli ke a conventional air craft which carries a pilot and passenger(s), UAS are remotely controlled with no souls on board. The ar ea of operation is limited with flights not exceeding 400 feet in altitude and not out of visual line of sig ht. All flights are planned and coordinated in advance and will be monitored by both the PI C operator , Visual Observer(s) and Ground Control Station and will follow all requirements t o ensure compliance with safety regulations. Further provisions will tak e into account the safet y features and characteristi cs of the UAS. UAS navigational sy stem and autopilot’s have a high degree of preset automated navigational control with built

- in technical capabilities that will limit the ability for UAS to operate outsi de of the fligh t operations envelop. Automated features and advanced fl y - safe controls consistently enable safe and reliable operation. Flight safet y is the deciding priorit y, no matter the flight operating environment or customer expectations / requests

. Becau se there are no souls on board, UAS offer superior safet y over manned aircraft in fl yi ng low altitude flights. UAS will operate with multiple built

- in safet y features

-

・ UAS navigation and auto pilot sy stem will fl y a preset flight path autonomously or fl y in manual override.

・ UAS flight software automatically and s ys tematically

scans for s y stem anomalies while in flight. Detected issues are then handled with configurable preset auto mated response behavior such as return

- to

- home, loiter and auto

- land functionality

.

・ UAS has capability

to auto detect loss of GPS link. If link is lost, a war ning alarm is indicated and the UAS initiates an immediate landing.

・ If UAS detects a low battery, a warning alarm sounds and UAS will return to home and land.

・ I f UAS loss of link to the Ground Control Station occurs the UAS will perform its preset response to the condition by performing an auto

- land.13 | Page

・ UAS flight time and battery power charge/minutes are display ed at all times. UAS will return home and land autom atically if user

- configurable limits are reached or battery power reaches 25%.

・ UAS have the ability

to set up no

- fl y zones. These virtual boundaries will contain UAS flight operations not allowing UAS to fly horizontally

and/or verticall y outside the pre - planned flight area.

・ UAS safety

pre - flight checks and s ys tem status assessments prior to takeoff also include sy stem self

- calibration of flight sensors. If problems with flight sensors are de tected the automated pre

- flight phase will abort. These sa fet y features, characteristics and advanced controls can be learned th rough proper flight instruction and hands on UAS pilot training. With UAS pilot training, there is a reduct ion of risk associated with the operation of UAS. Risks are mitigated due to si ze, speed, weight, operational ca pabilities, safet y features and advanced navigational controls. The level of risk associated with private pilot operations or commercial operations considered b y Part 61 with conve ntional aircraft (fixed wing or roto rcraft) is considerably greater than that of UAS operations as defined by this petition. Therefore, an equival ent level of safet y is exceeded over the current level of safet y required under 14 C.F.R. § 61.113(a) & (b) § 61.133(a). The FAA has issued the followin g exemptions to this regulation; Exemption Nos. 11110, 11109, 11062, 11065, 11067, 11136 and 11138.
**14 CFR § 91.103: P reflight**  **A ction**  This regulation requires each pilot in command to take certain actions before flight to ensure the safet y of the flight. As FAA approved flight manuals will not be provided for the UA S, an exemption will be needed. To provide for an equivalent level of safet y the following protocols will be in effect. The Pilot in Command and Ground Control Station crew will take all actions including: sy stemat ic and comprehensive pre

- flight checks, verify software and firmware updates, safet y plan review, weather updates, briefing of flight plan operation s, flight battery power needs and requirements, aircraft performance data and landing/takeoff distance s before proceeding with flight operations. Summary of Pre

-

flight Checklist Items

・ Visual inspection of entire airframe

・ Visual inspections of fuselage, wings/rotor integrit y

・ Run

- up testing and battery power charge checks of al l batteries (a erial vehicle, command station, radio transmitter)

・ Check altimeter is set to zero at UAS launch site/landing zones, check GPS altitude, location, compass heading/bearing

・ Verify communication between PIC, VO(s) and/or GS crew The failure of any

portion of the pre

- flight check will prevent take

- off. Pr e - flight checks which cannot be passed by

the onboard flight sy stem will be investigated and remedied by a qualifi ed14 | Page

person prior to each flight. This will be noted in the flight log for inclu sion within the regular maintenance schedule.

**14 CFR § 91.109(A): F light**  **I nstruction**  These regulations provide that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has full y functioning dual controls. UAS are remotel y piloted aircraft that do not, by their nature, have full y f unctional dual controls. Flight control is accomplished through the use of a remotel y operated hand

- he ld controller that communicates with the aircraft via radio telemetry . During flight instruction, UAS wi ll be flown by both student and instructor using separate flight controllers simultaneously . If necessary for failover safet y, the Ground Control Statio n can override and perform an immediate auto

- land. However, du ring ty

pical flight operations, flights are either manuall y flown, controlled on the fl y by point and clic k navigational commands or with predetermined way points and flight paths. Pilot has the ability

to override preset flight paths. In summary , the equivalent level of safet y is exceeded due to the fact that neither a pilot nor pa ssenger(s) are onboa rd the UAS. In addition, the UA is small in size, slow in speed an d flies at low altitudes. Other weight and mat erial characteristics of the UA are also considered contributin g factors for safet y. With this the Petitioner believes that the previously outlined safet y features provide f

or an increased level of safety over current regulations. The FAA has approved exemptions for flight training without fully functiona l dual controls for a number of aircraft and for flight instruction in experimental aircraft. The FAA has issued the following exemptions to this regulation; Exemption Nos. 11109, 11138, 11110.
**14 CFR § 91.119(C): M inimum**  **S afe**  **A ltitude**  Section 91.119 establishes safe altitudes for operation of civil aircraft. Specific ally , 91.119(c) limits aircraft fl yi ng over areas other than congested areas to an altitude of 500 feet abov e the surface, except over open water or sparsel y populated areas. In those cases, the aircraft may not be o perated closer than 500 feet to an y person, vessel, vehicle, or structure. Because aerial survey , monitoring, mapping, inspection or data collecti on work must be accomplished at relatively low altitudes and at altitudes preferabl y less than 400 feet AGL, an exemption from Section 91.119(c) is requested.15 | Page

The equivalent level of safet y will be achieved given the size, weight, speed, and locations of flight operations areas. No flight operations will occur without the permission of the pr operty owner or land management entities. Advance notice to the propert y owner or land managing entities, will ensure the correct individuals will be notified of planned flight operations. In addition, small size, weight, and low speeds of UAS, contribute to very minimal hazards to persons, property , vessels, vehicles or structures. Autopilot fea tures include a governor preset that will inhibit flights above 400 ft. AGL. Due to the extremely low altitude flights planned for UAS operations, it is not allowable, feasible or safe for convention al aircraft to fly within these parameters. Therefore, associated risks are marginal and do not compare to traditio nal manned aircraft flights operating at this altitude and should be considered for exemption. The FAA has issued the following exemptions to this regulation; Exemption Nos. 4063, 11138, 11136, 11112, 111 10, 11109, 11080, 11066, 11063, 11062 and 11067. In consideration of Section 91.119 as it applies to civil aircraft, in that it alread y establishes a 500 ’ buffer around structures, a modification is requested by Petitioner to modify the 400’ AGL restriction to allow for UAS inspection operations of struc tures that exceed 400’ AGL. Structures, such as wind farms whose blades at the vertical , can reach 492’AGL, are alread y protected b y Section 91.119. There is a greater margin of vertical separation even when UAS is operated at 100’ above the structure

. The FAA has alread y granted such amendments to Condition and L imitations #4 See Amendment to Grant of Exemption No. 11171 Exemption No. 11171A Regulatory

Docket No. FAA −2014−0816
**14 CFR § 91.121: A ltimeter Settings**  Section 91.121 requires a person operating an aircraft to maintain cruising altitu de or flight level by reference to an altimeter that is set to the elevation of the departure airport or bar ometric pressure. Some UAS have a barometric pressure sensor, while others onl y use GPS for elevati on or altitude. When a barometric pressure sensor is on the UAS, it is corrected to the point of take

off; this is in close proximity to the PIC and not at a departure airport. The altitude reading will be relative to that launch point on the ground. The equivalent level of safet y will be achieved b y the PI C and GS crew. As part of the pre

- fligh t checklist, the PI C and the GCS crew will confirm the elevation or altitude of the launch site. U sing the altitude of the launch site shown on the GPS altitude ind icator and then confirming the UAS AGL altimeter is set to zero on the ground before each flight is initiated. The altitude of the UAS will also be di splayed via telemetry at the GS and will be constantly monitored by

the PIC and GS crew during the entire flight operation. The FAA has issued the following exemptions to this regulation; Exemption Nos. 11153, 11150, 11138, 11136, 11159 and 11159.16 | Page

**14 CFR § 91.151(A): Fuel R**  **equirements For F**  **light In VFR Conditions** Section 91.151 (a) prohibits an individual from beginning “a flight in a n airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruisi ng speed

– (1 ) During the day, to fly after that for at least 30minutes; or (2) At night, to fly after that for at least 45 minutes.” Different UAS batteries provide a range of powered flight times, depending on elevation, density altitude, wind and other environmental conditions. However, because UAS does not require landings at airports or airstrips, time in fuel as a safety buffer for go

- arounds, delay s for landing or diversion to another airport or airstrip is unnecessary

. Petitioner beli eves that an equivalent level of safety can be achieved b y calculating flight operations to planned landing zones with sufficient power for safe landings or b y maintaining 25% of reserve battery power whichever happens first. This criteria will be more than adequate to return the UAS to its planned landing zone from an ywhere within the flight operations area. Operating the UAS, without 30 minutes of reserve fuel does not engender the ty pe of risks that Section 91.151(a) was meant to prevent given the size, weight and speed at whic h the UAS operates. The UAS are constructed of lightweight materials, and have no onboard pilot, passenger( s), or cargo. The risk to human life and propert y is extremely minimal. I n the unlikel y event that the UAS is drained of bat tery power, it would simply

auto

- land. Given the UAS dimensions and weight, and proven the risks are clearl y less than the risk associated with conventional aircraft represented b y this regulation, an equivalent level of safet y is exceeded, and an exemptio n from § 14 CFR 91.151 is requested. The FAA has issued the following exemptions to this regulation; Exemption Nos. 2689F, 574 5, 10673, 10808, 11138, 11136, 11112, 10650, and 10159.
**14 CFR § 91.405(A); 407(A)(1); 409(A)(2); 417(A): M aintenance**  **I nspections**  Section 91.405(a) requires that an aircraft operator or owner “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 discrepa ncies repaired as prescribed in part 43 of this chapter ...” Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) requir es the owner or operator to keep records of maintenance work that has been accomplished b y certificated mechanics, under Part 43, or licensed pilots and records of approval for aircraft return to service. Since UAS are small in size and cannot carry pilot/passengers, they

are no t considered complex mechanical equipment. UAS will operate onl y within flight operation areas and no higher than 400 ft AGL. If mechanical issues arise, the UAS can land immediately within the designated flight operation area. The equivalent level of safety will be achieved as UAS PI C and GS crew will ensure that UAS are i n proper working order prior to initiating flight operations. This will17 | Page

occur through required pre

- flight check s, regular UAS maintenance, and keeping a documented log of an y date/ t ype of maintenance performed. The FAA has issued the following exemptions to this regulation; Exemption Nos. 11159, 11157, 11150, 11153, 11138 , 11136, 11109 and 11080.
**APPENDIX B SUMMARY OF SECTION 333 EXEMPTION REQUEST**  Petitioner hereb y provides pursuant to Part 11 a summary of its exemption application to allow commercial operation of UAS. With petition approval, the Petitioner intend s to acquire and provide aerial imagery

and data solutions in support of commercial inspections of renewable energy sites such as Solar and Wind Turbine farms, research and monitoring activities as they apply to natural resource based in terests and precisi on agriculture. For insta nce , these will include cropland observations (growth yi e lds, fertilization and nutrient distribution, soils and p lant moisture content , and pest icide manage ment), irrigation water conserv ation methods, invasive species monitoring, geologic and geomorphic survey s, forest and rangeland health. The application of UAS in these instances has the ability to produce va luable and sustainable products enhancing industry and public land operations. These products will provide d efinitive results for improving wind farm reliabilit y, precision agriculture and natural resource based activities.

**14 CFR , Part SUMMARY OF REGULATION**  **P ART**  **21 A IRWORTHINESS**  **C ERTIFICATION**  **21, SUBPART H**  **CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS, A**  **IRWORTHINESS CERTIFICATES** 
**27 A**  **IRWORTHINESS S**  **TANDARDS : N**  **ORMAL C**  **ATEGORY R**  **OTORCRAFT**
**61 PRIVATE PILOT PRIVILEGES AND LIMITATIONS** 
**61.3 PRIVATE PILOT PRIVILEGES AND LIMITATIONS**  **PART 61 CERTIFICATION: PILOTS, LIGHT INSTRUCTORS, AND GROUND INSTRUCTORS 61.113(A)(B)**  **PRIVATE PILOT PRIVILEGES AND LIMITATIONS; PILOT IN COMMAND 61.133(A)**  **COMMERCIAL PILOT PRIVILEGES AND LIMITATIONS**  **PART 91 GENERAL OPERATING AND FLIGHT RULES 91.203(A)(B)**  **CARRYING CIVIL AIRCRAFT CERTIFICATION AND REGISTRATION 91.7(A)**  **CIVIL AIRCRAFT AIRWORTHINESS 91.9(B)(2)**  **CIVIL AIRCRAFT FLIGHT MANUAL IN THE AIRCRAFT 91.9(C) 45.23(B)**  **MARKING OF THE AIRCRAFT**
**91.103 PREFLIGHT ACTION**  **91.109(A) FLIGHT INSTRUCTION**  **91.119(C) MINIMUM SAFE ALTITUDES** 
**91.121 ALTIMETER SETTINGS** 18 | Page **91.151(A) FUEL REQUIREMENTS FOR FLIGHTS IN VF**  **R CONDITIONS 91.405(A)**  **MAINTENANCE REQUIRED 91.407(A)(1)**  **OPERATION AFTER MAINTENANCE 91.409(A)(2)**  **INSPECTIONS 91.417 (A)**  **MAINTENANCE RECORDS A**  **PPENDIX C** 

**OVERVIEW CHARACTERISTICS OF PROPOSED UAS**

**DJI Phantom Vision 2+ DJI Inspire 1**  **Aircraft Type** Multirotor Multirotor **Aircraft Weight** 2.55 lbs. 6.46 lbs. **Max Take Off Weight** 2.55 lbs. 6.46 lbs. **Dimensions** 13.8 “ ( diag o nal ) 17.24” x 17.75” x 11.85” **Max Flight Time (approx.)** 22 min utes 18 min utes **Max Airspeed** 29 kts. 43 kts. **Propulsion** Electric Motor x4 Electric motor x4 11.2 VDC 22.2VDC LiPo Battery LiPo 6S Battery **Payload** Digital Camera Digital Camera
**Airframe Material** Molded Plastic Carbon Fiber & Plastic