February 4, 2016

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

RE: Exemption Request Under Section 333 of t he FAA Modernization and Reform Act of

2012 and 14 C.F.R. Part 11

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FAA Reform Act”) and 14 C.F.R. Part 11, Unmanned Systems, Inc. (“USI”) request adding four platforms to our current exemption number exemptions from two provisions of the Fed eral Aviation Regulations (“FAR”), specifically por tions of 14 C.F.R. Part § 45 and Part § 91 to allow commercial operations of its fleet of rotary uav aircraft. The fleet includes a DJI Phantom 3 and the DJI Inspire (all of these are referred to as “roto rcraft” from here on) The operation of these aircraft

will be used in the continental United States (“CONUS”) by individuals who

, at a minimum,

maintain a n FAA private pilot certification or FAA

- recognized equivalents, and completed the

manufacture ' s training plan and the USI training plan

.

USI seeks an exemption for use of small unmanned aerial system (“sUAS”) to aerial data

collection in a tightly controlled and limited airspace. USI will utilize its currently established standards for operations t hat have been approved by the FAA when it was issued its experimental certification for Sandstorm and apply that to all other operations. USI will continue with the recommended factory maintenance plan and the maintenance plan of the authorized

se rvice co ntractor, Robotic Skies

. As described in detail below, the requested exemption would permit the operation of the s UAS under controlled conditions that meet the requirements of our previous exemptions

.

Granting USI 's request comports with the Secretary of Transportation's ( “ FAA Administrator's ” ) responsibilities to not only integrate UASs into the national airspace system, but to " ... establish requirements for the safe operation of such unmanned aircraft systems [UA Ss] in the national airspace system" under Section 333(c) of the Reform Act. Further, USI will conduct its operations in compliance with the protocols described herein or as otherwise established by the

FAA. USI respectfully requests the grant of an exem ption allowing it to operate the fleet of

s UAS.

The DJI Phantom 3 Professional UAS consists of a multirotor aircraft and ground station. The aircraft has a maximum gross weight of approximately 3 lbs; measures 12 inches in length, 12
inches in width, and 7 inches in height; and has maximum speed of approximately 30 knots. It is equipped with four rotors, each being driven by a Lithium Polymer battery powered electric motor. The ground station consists of a model

- airplane style controller with iPad Air 2 providing video and advanced controls. The controller operates at a frequency of 2.4 Ghz.

These aircraft capabilities, along with USI’s experience, make it ideally suited to conduct commercial operations within Visual Line of Sight (“VLOS”). Use of the sUAS reduces the need to operate manned aircraft, decreasing the risk to the pilot, crew, and those on the ground as

the rotorcraft is carried to the site and not flown there with a load of flammable fuel.U.S. Department of Transportation

October 7 th , 2014 Page 2 of 9

As a result of the rotorcraft size, weight, max imum speed, operational capability, and safety record; the distance at which it will operate from airports and populated areas; and its operation using visual observers to provide deconfliction from other air traffic, the rotorcraft does not

create a hazar d to users of the NAS or the public. Neither does it pose a threat to national security. Therefore, the FAA should grant USI the requested exemptions. Alternatively, if the

FAA finds that modification of USI 's application is required for safe operation of the rotorcraft in the NAS, USI requests that the FAA delineate the required modifications and either process

USI 's application as if the modifications were already made or allow USI to amend its application

to incorporate the FAA’s findings.

The name and address of the applicant are:

Unmanned Systems, Inc. Address: 2709 Cyrano St, Henderson, NV 89044 Attn: Bill Reynolds Ph: (702) 606

- 7539 Fax: (702) 656

- 8782 Email: bill.reynolds@unmannedsystemsinc.com

USI’s exemption request encompasses the following regulations:

14 C.F.R. § 21 14 C.F.R. § 45.23(b) 14 C.F.R. § 61.113 (a) and (b) 14 C.F.R. § 91.7(a) and (b) 14 C.F.R. § 91.109(a) 14 C.F.R. § 91.119 14 C.F.R. § 91.151(a) 14 C.F.R. § 91.405(a)

14 C .F.R. § 91.407(a)(1) 14 C.F.R. § 91.409(a)(2) 14 C.F.R. § 91.417(a)

Section 333’s Mandate and the Federal Aviation Act

Grant of this exemption application for use of the rotorcraft for film and television production, pursuant to the exemption requested herein will advance the Congressional mandate in Section

333 of the FAA Reform Act to accelerate the introduction of UASs into the NAS. Section 333 directs the Secretary of Transportation to consider whether certain UASs may operate safely in the NAS before completion of the rulemaking required under Section 332 of the FAA Reform Act. To make that determination, the Secretary must evaluate which types of UASs do not

create a hazard to user s of the NAS or the public or pose a threat to national security in light of

several criteria:

• The UAS’s size, weight, speed, and operational capability; • Operation of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within visual line of sight of the operator.

FAA Reform Act § 333(b)(1). Once the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. § 333(c) (emphasis added).U.S. Department of Transportation

October 7 th , 2014 Page 3 of 9

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 49 U.S.C. § 44701(f). This statutory authority, by its terms, includes exempt ing civil aircraft, as the term is defined under §40101 of the Act, from the requirements that all civil aircraft must have a current airworthiness certificate, 49 U.S.C. § 44711(a), and those used in commercial service must be piloted by private and/or co mmercial pilots. 14 C.F.R. §§ 61.113(a) and (b), 61.133.

The grant of the requested exemption is in the public interest based on (i) the clear direction in Section 333 of the FAA Reform Act; (ii) additional authority in the Federal Aviation Act, as

amend ed; (iii) the strong equivalent level of safety surrounding the proposed operations; and (iv) the significant public benefit, including enhanced safety and cost savings associated with utilizing UASs for agriculture, aerial survey photography, and patrolli ng. Accordingly, USI respectfully requests that the FAA grant the requested exemption without delay.

Airworthiness and Operations

USI proposes that the grant of the exemption be subject to the following mandatory conditions, which are based upon operatin g conditions set forth for operation of UAS by public entities pursuant to Certificates of Waiver or Authorization, with additional restrictions:

1. The Small UAS (sUAS) will weigh less than 55 lbs.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 45 minutes. Flights will be terminated at 25% battery power reserve should that occur prior to the 45 minute

limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet above an elevated platform from which filming is planned.

5. Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer,

and the Camera O perator.

6. sUAS pilot will be an FAA licensed airman with at least a private pilot’s certificate and

second class medical. The observer will hold at least a third class medical.

7. sUAS Pilot will be Pilot in Command (PIC).

8. The UAS will only operate within a confined “Sterile Area” as defined in the Manual. Section H, I and J of the Manual requires the establishment of a “Security Perimeter” for the flight operations area.

9. A briefing will be conducted in regard to the planned sUAS operations prior to each

da y’s production activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing.

10. The operator will file a n FAA Form 7711

- 1, or its equivalent, as modified in light of the requested exemption, with the appropriate Flight Standards District Office.

11. The operator will obtain the consent of all persons involved in the filming and ensure that only consenting persons will be allowed within 100 feet of the flight operation

, and this radius may be reduced to 30 feet based upon an equivalent level of safety determination, as required by Section K of the Manual. With the advanced permission of the relevant FSDO, operations at closer range can be approved.

12. The operator will submit a written Plan of Activities to the FSDO three days before the proposed shoot as required in Section K of the Manual.U.S. Department of Transportation

October 7 th , 2014 Page 4 of 9

13. Pilot and observer will have been trained in operation of UAS generally and received

up

- to

- date information on t he particular UAS to be operated as required Sections M

and N of the Manual.

14. Observer and pilot will at all times be able to communicate by voice and/or text.

15. Written and/or oral permission from the relevant property holders will be obtained.

16. All requir ed permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

17. If the sUAS loses communications it will have the capability to return to a pre

determined location within the Security Perimeter and land. If the sUAS loses signal

from the GPS and from the pilot it w ill land at its current location once 25% battery

life is reached

. 18. The sUAS will have the capability to abort a flight in case o f unpredicted obstacles or emergencies

.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11

and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability,

an d proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a secured area as set out in the Manual. Unlike other civi l aircraft, operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the Manual’s requirements, and in compliance with local public safety requirements to provide security for the area of operation. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection with motion picture and television production, provide a greater degree of safety to the public and property

owners than co nventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry

a substantial external load.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires: 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 eachU.S. Department of Transportation

October 7 th , 2014 Page 5 of 9

entrance to the cabin, coc kpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemp tion may be needed as the UAS will have no entrance to the cabin, cockpit

, or pilot station on which the word “Experimental” can be placed. Given the size of the sUA S , two

- inch lettering will be impossible. The word “Experimental” will be placed on the fus elage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the sUA S marked on its fuselage as required by §45.29 (f) where the pilot, observer

, and others working with the sUA S will see the

identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges an d Limitations: Pilot in Command

Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations

. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’ s license rather than a commercial pilot’s license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restr icted, and all flights are planned and

coordinated in adv ance as set forth in the Manual

. To provide for the differences in knowledge level the chief pilot for USI is a commercially rated pilot that will oversee all planned flight operations and will appr ove all operating areas and operating plans. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted , that with the above oversight and plans w ill achieve a level of safety commiserate with the current rules set forth by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the Ma nual for maintenance and use of safety check lists prior to each flight, as set forth in Sections J, L and Q, an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.

Section 91.9 (b) (2) p rovides: 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 M anual, approved manual material, markings, and placards, or any combination

thereof.U.S. Department of Transportation

October 7 th , 2014 Page 6 of 9

The sUAS, given its size and configuration has no ability to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft.

The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607 , 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103: Preflight action

.

This regulation requires each pilot in command to take certain actions before flight to ensure the safety of flight. As FAA approved r otorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided as set forth in Sections J and K of the Manual. The PIC will take all actions including reviewing weather, flight bat tery requirements, landing and takeoff distances

, and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight instruction

.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual

controls.

s UASs and remotely piloted aircraft, by their design

, d o not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual contr ols for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size a nd speed of

the aircraft.

14 C.F.R. § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, Section 91.119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsely populat ed areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

As set forth herein, the rotorcraft will never operate at higher than 400 feet AGL. Because film and television applications mus t be accomplished at relatively low altitudes, i.e. , less than 500

feet AGL

, an exemption from Section 91.119(c) is required

.

The equivalent level of safety will be achieved given the size, weight, speed, and material with

which the rotorcraft is built. Additionally , no flight will commence without the permission of the

land owner o r the party controlling the operating area . With advance notice to the landowner, all

affected individuals will be aware of film or television production flights . Compared to s imilar operations conducted with conventional aircraft or rotorcraft, which weigh thousands of pounds and carry flammable fuel, any risk associated with these operations will be significantly reduced

from those currently allowed for conventional aircraft o perating at or below 500 feet AGL.U.S. Department of Transportation

October 7 th , 2014 Page 7 of 9

Waivers have been granted to o ther UAS operators for such operations in Alaska. USI believes such operations can be conducted within the CONUS airspace for the same reasons justifying operations under the existing waiver in Alaska.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate

altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check l ist, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151(a) prohibits an individual from beginning “a flight in an airplane un der VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes; or (2) At n ight, to fly after that for at least 45 minutes.” 14 C.F.R. § 91.151(a).

The rotorcraft batteries provide between 10 and 4 5 minutes of powered flight. Without an exemption from 14 C.F.R. § 91.151, the rotorcraft flights would not be possible . Given the

l imitations on its proposed operations and the location of those proposed operations, a longer duration for flight in daylight VFR conditions is reasonable.

USI believes that an exemption from 14 C.F.R. § 91.151(a) is safe and consistent with the scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)). Operating the rotorcraft , a small UAS, without 30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a ) was meant to prevent. The fact that the rotorcraft car ries neither a pilot, passenger, nor cargo enhances the

reduced risk to overall safety . In the unlikely event that the rotorcraft should run out of battery , it

would land per its autopilot instruction s before the batteries are completely depleted . Given its weight and construction material, the risks are significantly less than contemplated by the current regulation.

USI believes that an equivalent level of safety can be achieved by maintaining 25% battery life as being the equivalent of minimum fuel

, this would be more than adequate to return the UAS to its planned landing zone from anywhere in its planned operating area.

Similar exemptions have been granted to others, including Exemptions 2689F, 5745, 10673,

and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has

within it the following: (1) An appropriate and current airworthiness certificate. . . .U.S. Department of Transportation

October 7 th , 2014 Page 8 of 9

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.71 5 is displayed at the cabin or cockpit entrance so that it is legible to

passengers or crew.

The UAS fully loaded weighs no more than 55lbs and is operated without an onboard pilot. As such, there is no ability to carry certification and registration doc uments or to display them on

the sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS . The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A,
9797, 9797A, 9816A, and 10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Mainte nance Inspections

These regulations require 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 d iscrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section s and Part 43 apply only to aircraft with an airworthiness certificate,

these sectio ns will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the Manual (See Sections L and Q)

. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately as it will be operating from no higher than 400 feet AGL. As provided in the Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed.

Federal Register Summary

Pursuant to 14 C.F.R. § 11.81(f), the following summary is provided for publication in the Federal Register, should the FAA determine that publication is needed:

Docket No : FAA

- 2014

-

____ Petitioner: Unmanned Systems Inc.
14 C.F.R. §21, subpart H; 14 C .F.R 45.23(b); 14 C.F.R. § 61.113 (a) and (b) ; 91.7 (a); 91.9 (b)
(2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a)
(2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned ve hicle (55lbs or less)

in motion picture and television operations.

Approval of exemptions allowing commer cial operations of sUASs in aerial data collection will enhance safety by reducing risk. Conventional operations, using jet or piston power aircraft, operate at extremely low altitudes in close proximity to people and structures and present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs., carrying large amounts of jet A or o ther fuel (140 gallons for jet helicopter ) Such aircraft must fly to and fromU.S. Department of Transportation

October 7 th , 2014 Page 9 of 9

the film location. In contrast, a battery powered sUAS weighing fewer than 55 lbs. eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carri ed on board. The sUAS is carried to the film set and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

The operation of s UASs, weighting less than 55 lbs., cond ucted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.

Privacy

All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Filming will be of people who have also consented to being filmed or otherwise have agreed to be in the area where filming will take p l ace.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

— size, weight, speed, operating capabilities, proximity to airports and populated areas and operation with is VLOS and national security. Provided in the above document ation is adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s UAS in aerial data collection application

.

Sincerely,

Bill Reynolds

COO Unmanned Systems Inc.