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June 17, 2015
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 Reform Act and Part 11 of the Federal Aviation Regulations
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, Unmanned Aerial Surveillance LLC seeks an exemption from the Federal Aviation Regulations (“FARs”) listed below and discu ssed in Appendix A. This exemption is derived from a request by Aeryon Labs Inc. (“Aeryon”), the developer and operator of the Scout and SkyRanger small Unmanned Aircraft Systems (“sUAS”). Details of Aeryon a nd the SkyRanger sUAS are described in Append ix B. Attached as Appendix C is a summary of this request. The requested exemption would permit Unmanned Aerial Surveillance LLC (UAS) commercial operation of

Aeryon’s SkyRanger (see details in Appendix B), which we ighs 6 l bs. with imaging payload, to perform Precision Aerial Surveys that consist of still photographs, video, and other data taken by onboard sensors. The SkyRanger produces high quality imagery and data that can be used independently
- or in the case of surveying and modeling , can be combi ned to produce precision digital point clouds, triangle models, and contour maps of the surveyed area. Applications for these sUASs include inspection of sensitive infrastructure including oil and gas pipelines and flare stacks, power lines and towers, wi nd turbines, and surveying tasks such as precision agriculture, mining, transportation, and forestry. Use of the SkyRanger for these inspection and surveying applications reduces the need to operate conventional aircraft, providing data more quickly, accurately, economically, safely, and with reduced environmental impact. Operations under the exemption will be subject to strict operating requirements and conditions to ensure at least an equivalent level of safety to currently authorized operations using m anned aircraft and under conditions as may be modified by the FAA as required by Section 333.
**Al l UA** **S operations conducted by Unmanned A** **erial Surveillance, LLC will:** • Weig h less than 55 pounds, including the payload (i.e. camera, lens, and gimbal). • Operate at speeds of no more than 50 knots, can hover, and can simultaneously move vertically and horizontally. • Only operate its UAS in line of sight of the operator (PIC). • Limit each operational flight to 40 minutes or less. Flights will be terminated at 25% battery power reserve should that occur prior to the 40 minute limit. • Operated at an altitude of no more than 400 feet AGL.

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• Be operated by a FAA licensed airman with at least a private pilot's certificate and third class medical. • Be operated at a lateral distance of at least 100 feet from any inhabited structures, buildings, vehicles, vessels, or people not associated with the operation or who have not signed a waiver in advance of the operation. • Require operators (PIC) to check for any Temporary Flight Restrictions (TFR) by calling 1800 WX Brief and a current sectional chart for the area of operation to make sure they will not violate National Airspace System (NAS). • Have the capability to return to a pre
-determined location if the UAS loses Communications. • Have the ability to communicate if needed by Radio or Phone. Operators (PIC) during all UAS operation have the local Flight Standards District Offices (FSDO) and the closest airport control towers phone number and frequency. • Be entered and tracked in our aircraft management software. The software tracks all of the components of the UAS as well as flight time for the UAS and pilot. It will not allow maintenance to be overflown, thereby enhancing the safety of the program. As described more fully below, the requested exemption would authorize Unmanned Aerial Surveillance LLC to perform Precision Aerial Surveys using the SkyRanger1 , which at 6 lbs. is small in size and powered electrically by battery. The SkyRanger will be operated under controlled conditions at low altitude in airspace that is limited in scope, as described more fully herein; it will have automated control features, as described below. The Aeryon SkyRanger is designed to be operated by one person but flight operations ge nerally involve two people: an operator and an observer. The operator is responsible for flying the sUAS, monitoring its status and flight dynamics while maintaining visual line of sight, and keeping the flight within the specified factory limits (in terms of wind, flight range, battery life, etc) to ensure safe operation of the sUAS itself. The observer is responsible for monitoring the airspace for other aircraft and hazards and instructing the operator before and during flight as necessary to ensure safe separation/de
-confliction with these aircraft and hazards. The operator also will be an individual who has passed an FAA approved or equivalent ground training exam and authorized Aeryon training program for the SkyRanger. Finally, the airspace in which the SkyRanger will operate will be disclosed to and approved, as needed, by the FAA in advance. Unmanned Aerial Surveillance LLC respectfully submits that because this small, unmanned aerial system

– the SkyRanger

– will be used in lieu of comparatively hazardous operations now conducted with fixed wing and rotary conventional aircraft, the FAA can have confidence that the operations will achieve at least an equivalent level or greater level of safety. Approval of this exemption wo uld thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities under Section 333(c) of the Reform Act to “establish requirements for the safe operation of such aircraft systems in the national airspace system.” The name and address of the applicant are: Unmanned Aerial Surveillance LLC Edward C. Rigney Ph: 760
-672
-0559 Fax: 866
-929
-4875 Email: erigney@triyar.com 40880 County Center Drive Suite F

. Temecula, CA 92591

1 Aeryon and its customers have been granted ma ny flight operation certificate to operate the Aeryon SkyRanger, and its predecessor the Aeryon Scout
- including Special Flight Operation Certificates in Canada for commercial use, and Certificates of Wa iver or Authorization (COA) in the US for public agency use.

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The primary

contact for this application is: Pedro Brantuas, pbrantuas@unmannedaerialsurveillance.com, 619
-723
-6882 The regulations from which the exemption is requested are as follows: 14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a) & (b); 14 C.F.R. 61.133(a); 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2) & (c); 14 C.F.R. 91.103; 14 C.F.R. 91.109(a); 14 C.F.R. 91.119; 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) & (b); 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). Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are in the public interest.

### 4 of 19 **THE AP**  **PLICA BLE LEGA** **L STA NDA** **RD UNDER SECTION 333** Unmanned Aerial Surveillance LLC submits that grant of this exemption application for use of the SkyRanger in Precision Aerial Surveys will advance the Congressional mandate in Section 333 of the Reform Act to accelerate the introduction of s UASs into the national airspace system (“NAS”) if it can be accomplished safely. This law directs the Secretary of Transportation to consider whethe r certain sUASs may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of sUASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

● The sUAS’s size, weight, speed, and operational capability; ● Operation of the sUAS in close proximity to airports and populated areas; and ● Operation of the sUAS within visual line of sight of the operator. Reform Act § 333(a)(1). If the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of s uch aircraft in the national airspace system.” Id. §333(c) (emphasis added). 2 The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under §40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service: The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702
-44716 of this title if the Administrator finds the exemption is in the public interest. 49 U.S.C. §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a)(1). The grant of

the requested exemption is i n the public interest based on the clear direction in Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations; and the significant public benefit, including enhanced safety and cost savings associated with transitioning to sUASs for aerial surveying, mapping and inspection applications. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay. **Ai rw** **orthiness of the Sky Ranger**  A critical element of the exemption application involves evidence of the airworthiness of Aeryon sUAS including the SkyRanger. Aeryon believes that it has shown compliance through a history of granted flight operations and successful flights
- including many operations with public agencies. The list of granted applicants includes: Michigan State Police, US Navy Spawar, Mass Development (Joint Base Cape Cod), Unmanned Experts (NIJ Partnership), Western Washington University, Aetos (via Northwest Michigan College), University of Alaska Fairbanks, University of New Mexico, Kansas State
2 Applicant submits that this provision places a duty on the Adm inistrator to not only process applications for exem ptions under Section 333, but for the Adm inistrator, if he deems the conditions proposed herein require modification in order to allow approval, to supply cond itions for the safe operation of the sUAS

. Aeryon welcomes the opportunity to consult with FAA staff in order to address any issues or concerns that this proposal may raise that they believe may require modification.

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University, and Virginia Tech University. The S kyRanger has also successfully completed the Department of Homeland Security RAPS Trial in 2013. In Canada, Aeryon has obtained 19 Special Flight Operations Certificates (SFOCs) from Transport Canada over 5 years and its customers have received multiple certificates to perform demonstration, research and development, public and commercial operations

. The criteria set forth in the certificates granted specify the substantive showings of

the device’s safety and fitness for operation to ensure that the FAA has sufficient basis to evaluate the aircraft’s safety3

. The SkyRanger also has a significant set of a utomated features to ensure safe takeoff, flight and landing in many conditions, further details of o peration can be found in Appendix B. **Mandatory**

**Operating Conditions** Grant of the exemption to Unmanned Aerial Surveillance LLC will be subject to the following mandatory conditions, which are based upon operating conditions set forth for operation of s UAS by public entities pursuant to Certificates of Authorization, with additional restrictions:



### ● All operations to occur in Class G airspace. 

### ● Operations to avoid congested or populated areas, which are depicted in yellow on VFR charts. 

### ● Operations to be conducted over private or controlled
-access property. 

### ● Permission from land owner/controller required before commencing any flight. 

### ● Operations to occur during Visual Flight Rules Meteorological Conditions (VMC). 

### ● Aircraft to remain within Visual Line of Sight (VLOS). 

### ● VLOS guaranteed with a cylinder of operation around operator of 1⁄2 nautical miles (NM). 

### ● Cylinder walls may be expanded by observer with ability to control aircraft. 

### ● Operations to occur during daylight hours. ● Above Ground Level (AGL) altitude to be restricted to 400 feet. ● All operations conducted in vicinity of airport to remain more than 2.5 NM from centerline azimuth of runway ce nterline measured from runway thresholds. ● Operator will file a NOTAM for each flight. ● All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. ● All operations will include one pilot for flight control and one observer for VLOS enhancement of surrounding area near the aircraft **Operator Requirements** Unmanned Aerial Surveillance LLC respectfully proposes that operator requirements should take into account the characteristics of the particular sUAS. Certain sUASs, such as the Aeryon SkyRanger, are characterized by a high degree of pre- programmed control and various built
- in technical capabilities that limit the potential for operation outside of the operating conditions set forth above. The SkyRanger sUAS also provides many built
- in functional and safety features to assist the operator in safe and reliable operation. 4
3 Aeryon can submit under confidentia lity the following documents in support of this exemption application for the SkyRanger: 1) Aeryon SkyRanger User Guide (Exhibit 1) which includes Safety and Preflight Checklists; and 2) Training Manual (Exhibit 2). 4 As of July 2014, Aeryon staff and customers have performed over 5681 flights, logging 623 hours of flight time with the SkyRanger with both development and release versions. The previous generation product, Scout, achieved over 7197 flights and 839 hours of flight time globally by Aeryon and its customers. This is a significant am ount of flight time collected to understand and refine the Aeryon sUAS products.

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The Aeryon SkyRa nger provides two semi
-autonomous flight modes using a point
-and
-click map and video interface. The user clicks on a map to direct the SkyRanger to fly to the point on the map where the operator is pointing, or programmed flight plans may be entered for a series of waypoints or grid
based area. Additional navigation aids including landing zones and flight areas may be designated to ensure the SkyRanger operates only within user-specified flight parameters. All flight operations are GPS controlled making the system easy to navigate, and the flight control system also employs a variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensure the high stability and reliability in challenging weather conditions. At all times d uring flight operations, the operator can intervene a programmed flight and take immediate control. Additional automated safety functions and safety enhancing features of the SkyRanger include the following: 

### ● Automated pre
-flight system performance checks ● User pre
-flight checklist ● Automated condition or fault detection, warnings, and pre-defined responses to a number of flight and system conditions.

◦ High winds with system and user defined safety thresholds

◦ Low battery with system and user defined safety thresholds

◦ High temperature or other system safety thresholds

◦ Lost
- link communication 

### ● Pre
-defined responses include behavior such as attempting to re-establish radio communication, return to home position and hover, return to home position and land, or land in current position ● In the case of

lost GPS, a manual user flight mode is enabled which allows the operator to provide manual navigation inputs to assist in landing the vehicle. Given these safety features, Unmanned Aerial Surveillance LLC proposes that operators of the SkyRanger should not be required to hold a commercial or private pilot certification. Instead, operators should be required to:



### ● have successfully completed, at a minimum, FAA private pilot ground instruction and passed the FAA Private Pilot written examination or FAA
- recognized equivalents including commercial or private license and ground school issued from an ICAO recognized country; 

### ● have completed Aeryon’s authorized training program for operation and maintenance of the sUAS

. Unmanned Aerial Surveillance LLC notes that the FAA has found that safety factors permitted operation of sUASs by operators with these qualifications in the case of operations pursuant to public COAs when the mandatory operating conditions specified above were present. See Federal Aviation Administration, Notice N
-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 20
-21 (July 30, 2013). The FAA has the statutory authority to grant exemptions to the requirements for and privileges associated with the grant of airmen’s certificates. 49 USC §44701 (f). In summary, Unmanned Aerial Surveillance LLC seeks an exemption from the FARs set forth above and in Appendix C to allow operations of a small unmanned vehicle in Precision Aerial Surveys

. Approval of the exemption allowing commercial operations of the SkyRanger for Precision Aerial Surveys will enhance safety by reducing risk. Conventional aerial survey and inspection operations

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using manned aircraft involve very heavy aerial vehicles ca rrying significant quantities of combustible fuels, and a multi
- person crew in piloting and observation roles. These operations require transit to and from the location of the activity, and often take place in congested environments including proximity to physical obstacles and/or presence of the general public. By contrast, the Skyranger we ighs 6 lbs including payloads and uses a battery for power, is carried to/from the area of activity, removes the need for airborne pilots/observers, and poses less risk to people and infrastructure on the ground. Additionally, no national security issue is raised by the grant of the requested exemptions. Given the size, load carrying capacity, speed at which it operates, and the fact that it carries no explosives or other dangerous materials, the SkyRanger poses no threat to national security. The operation of

the SkyRanger for Precision Aerial Surveys in accordance with the strict conditions outlined above, will provide an equivalent level of safety supporting the g rant of the exemptions requested herein, including exempting Unmanned Aerial Surveillance LLC from the requirements of Part 21. The SkyRanger’s satisfaction of the criteria set forth in Section 333 of the Reform Act

—size, weight, speed, operating capabilities, lack of p roximity to airports and populated areas, operation within visual line of sight, and national security

– and its showing of a n eq uivalent level of safety as it may relate to the requirement for a pilot’s license, provide more than adequate justification for the grant of the requested exemptions allowing Unmanned Aerial Surveillance LLC commercial operation of the SkyRanger in Precis ion Aerial Surveys

. Very truly yours,


### <SIGNATURE> Edward C. Rigney Unmanned Aerial Surveillance LLC

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**AP PENDIX A** 
**EXEMPTION REQUEST A ND EQUIVA** **LENT LEVEL OF SA FETY SHOWINGS UNDER** 

**AP PLICA** **BLE RULES SUBJECT TO EXEMPTION**
Unmanned Aerial Surveillance LLC requests an exemption from the following regulations as we ll as any additional regulations that may technically apply to the operation of the SkyRanger: **14 C.F.R. Part 21, Subpart H: A irw** **orthiness Certificates 14 CFR § 91.203(a)(1)**  Section 91.203(a)(1) requires all civil aircraft to have a certificate of a irworthiness. Part 21, 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 of the aircraft (6 lbs.) and the limited operating area associated with its utilization, it is unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to achieve or exceed current safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act 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, we ight, speed, operational capability, and proximity to airports and populated areas of the sUAS involved. In this case, an analysis of these criteria demonstrates that the SkyRanger operated without an airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The SkyRanger we ighs 6 lbs. fully loaded. It will not carry a pilot or passenger, will not carry flammable fuel, and will operate exclusively within an area pre
-disclosed and in compliance with conditions set forth herein. Operations under this exemption will be tightly controlled and monitored by both the operator, pursuant to the conditions set forth above, and by local public safety requirements. The FAA will have advance notice of a ll operations through the filing of N OTAMs. Receipt of

the prior permission of the land owner, the size of the aircraft, the lack of flammable fuel, and the fact that the aircraft is carried to the location and not flown there all establish the equivalent level of safety. The SkyRanger provides at least an equivalent, and most likely exceeds 5 , level of safety to that of such operation s being conducted with conventional aircraft that would be orders
-of
-magnitude larger and wo uld be carrying passengers, cargo, and flammable fuel. The automated safety features including redundant sensor systems as described in Appendix B and throughout this document highlight the design intentions towards safety and reliability on SkyRanger. **14 C.F.R. § 45.23 & 91.9(c): Marking of the A ircraft**  Regulation 45.23 provides:

(a) Each operator of an aircraft must display on that aircraft marks consisting of the Roman capital letter “N” (denoting United States registration) followed by the
5 An Aeryon internal report compares the crash kinetic energy dissipation rate of a commercial airline versus the Aeryon SkyRanger. The report found the MTTF of SkyRanger needs to only be > 2.3 hours to equal the energy dissipation of the gold standard commercial aircraft. Transport Canada, has issued a report on low energy RPA and determined the Aeryon Scout to be well below the peak energy level of 12J/cm2 on im pact, since the SkyRanger is similar in construction it could be considered to be below this threshold as well.

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the aircraft. Each suffix letter used in the marks displayed must also be a Roman capital letter. (b) W hen 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 than 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 aircraft is identified in accordance with part 45 of this chapter

. The SkyRanger has no entrance to the cabin, cockpit, or pilot station on which the markings can be placed. Give n the size of the sUAS, two- inch lettering will be impossible. Of ficial marking systems for small UAS have not yet been established for operations inside the NAS. The SkyRanger is currently marked with a fixed label containing Aeryon Labs SkyRanger measuring 1.5” x 0.5” as well as a serial number located under the removable camera payload. Unmanned Aerial Surveillance LLC is prepared to mark the inspection system with the name of the organization and location or origin and fulfill any other request by the FAA to this topic in accordance to § 45.29(f) where the pilot, observer, and others working with the sUAS will see the identification of the sUAS. The FAA has issued the following exemptions to this regulation

. See Exemption Nos. 8738, 10167, 10167A and 10700. **14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations.**  Section 61.113(a) & (b) limit private pilots to non
-commercial operations. Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the SkyRanger in this case is remotely controlled with no passengers or property of others on board. Section 61.133(a) requires an individual with a commercial pilot’s license to be pilot in command of a n aircraft for compensation or hire. Unmanned Aerial Surveillance LLC respectfully proposes that operator requirements should take into account the characteristics of the particular sUAS. Aeryon’s SkyRanger has a high degree of pre- programmed control and various built
- in technical capabilities that strictly limit the potential for operation outside of the operating conditions set forth in the exemption application. The SkyRanger has an all
-digital sof tware platform with advanced features previously restricted to full size unmanned aircraft. Automated features and advanced fly
-safe controls enable safe, reliable operation, as well as advanced networking capabilities and system extensibility.


### ● Plan your flight or fly ad
- hoc: The system can autonomously fly a programmed flight path or fly in manual mode 

### ● Smart batteries and charger: Flight time and battery minutes are displayed at all times. The system will return home and land automatically if user
-configurable limits are reached. Flight safety is a priority, no matter the operating environment or project. The SkyRanger offers superior safety over manned aircraft by removing the need for people to be onboard in potentially dangerous situations. W ith multiple built
- in safety features , the Aeryon platform leads other sUAS with respect to safety. 

### ● Intelligent fault handling: The system automatically detects potential issues
- with configurable automated response behavior such as a return
- home
-and
- land routine

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● Automatic pre-flight checks: The system self
-calibrates all of its sensors and performs self
tests prior to takeoff to check for errors 

### ● No
-fly zones: The system has the ability to set up visual no
-fly zones 

### ● Self
- monitoring: Monitoring battery levels, in
-flight wind speeds, and other system and environmental conditions are automatically handled by the system 

### ● Battery communication: Battery minutes and flight time are displayed at all times. The system will return home and land automatically if user
-configurable limits are reached. Additional automated safety functions and safety enhancing features of the SkyRanger include the following: 

### ● Auto detection of lost GPS warns the pilot and initiates an immediate landing. 

### ● Low battery on the SkyRanger triggers a Non Fatal Warning alarm to retu rn home, land and replace the battery 

### ● Very low battery on the SkyRanger triggers an Fatal Error alarm and initiates an emergency high speed descent landing. 

### ● If the SkyRanger detects a lost
- link to the base station the vehicle will perform its pre-defined N on - Fatal Condition Response. Given these safety features, Unmanned Aerial Surveillance LLC proposes that operators of the SkyRanger should not be required to hold a commercial or private pilot certification. Instead, operators should be required to: 

### ● have successfully completed, at a minimum, FAA private pilot ground instruction and passed the FAA Private Pilot written examination or FAA
- recognized equivalents including ICAO issued commercial, private license and ground school; 

### ● have completed Aeryon’s tra ining program for operation of the sUAS. Unmanned Aerial Surveillance LLC notes that the FAA has found that safety factors permitted operation of sUASs by operators with these qualifications in the case of operations pursuant to public COAs where the man datory operating conditions specified above are present. See Federal Aviation Administration, Notice N
-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 20
-21 (July 30, 2013). The FAA has the statutory authority, granted at 49 U.S.C.§44701 (f) to waive the pilot requirements for commercial operations. Given these conditions and restrictions, an equivalent level of safety will be provided by allowing operation of the SkyRanger without a private pilot’s certificate or a commercial pilot’s ce rtificate, under the conditions set forth herein. The risks associated with the operation of the SkyRanger (given its size, speed, operational capabilities, and lack of combustible fuel) are so diminished from the level of risk associated with private pi lot operations or commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft), that allowing operations of the sUAS as set forth above meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b) and does not rise to the level of requiring a commercial pilot to operate the aircraft under § 61.133(a). **14 C.F.R. § 91.7(a): Civil aircraft airworthiness.** 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 the SkyRanger without an airworthiness certificate, no standard will exist for airworthiness of the SkyRanger. Given the size of the aircraft and the previous COAs issued for Aeryon’s Scout and SkyRanger, an equivalent level of safety will be achieved by ensuring compliance with the Aeryon manuals prior to each flight.

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**14 C.F.R. § 91.9(b) (2): Civil A** **ircraft Flight Manual in the A ircraft.**  The regulation provides:

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 availa ble in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Given the size and configuration of the SkyRanger, it has no ability or place 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 achieved by keeping the flight manual (see , e.g. , SkyRanger User Guide, Exhibit 1) at the ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued to others 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 insure the safety of flight. As FAA approved rotorcraft 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 the SkyRanger User Guide (Exhibit 1) under the ‘Getting Ready to Fly’ section. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. **14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction** 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 fully functioning dual controls. The SkyRanger is a remotely piloted aircraft and by design, does not have fully functional dual controls. Flight control is accomplished th rough the use of acontrol box that communicates with the aircraft via radio communications. The flight plan is either manually controlled through point
-and
-click touchscreen navigation or pre- programmed as way points or an AutoGrid into the auto pilot before or during flight and only in unusual circumstances will the pilot input control functions to alter the preprogrammed flight. If instruction is accomplished through a training program, as set forth in Exhibit 2, an equivalent level of safety will be assured. The FAA has approved exemptions for flight training without fully functional dual controls for a number of a ircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of safety will be achieved by the manufacturer providing the training as outlined, for example, in Exhibit 2 and through the use of experienced and qualified pilots familiar with the SkyRanger. **14 CFR § 91.119: Minimum Safe A ltitudes**  Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 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 populated areas . In those cases, the aircraft may not be operated

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closer than 500 feet to any person, vessel, vehicle, or structure. As set forth herein, the SkyRanger will never operate at higher than 400 feet AGL. It will, however, be operated to avoid congested or populated areas that are depicted in yellow on VFR sectional charts. Because aerial survey, mapping and inspection work must be accomplished at relatively low altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed. The equivalent level of safety will be achieved given the size, weight, speed, and material with which the SkyRanger is built. Also, no flight will be taken without the permission of the land owner or those who control the land. Because of the advance notice to the landowner, all affected individuals will be aware of the flights. Compared to aerial survey operations conducted with aircraft or rotorcraft we ighing far more than 6 lbs. and carrying flammable fuel, any risk associated with these operations wi ll be far less than those currently allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the low
-altitude operations of the sUAS will maintain separation between these sUAS operations and the operations of conventional aircraft th at must comply with Section 91.119. **14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions** This regulation prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the fi rst point of i ntended landing and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The SkyRanger batteries provide approximately 50 minutes of powered flight. Without an exemption from § 14 CFR 91.151, the sUAS’s flights would be limited to approximately 20 minutes in length. Given the limitations on its proposed operations and the location of those proposed operations, a longer time frame for flight in daylight VFR conditions is reasonable. Unmanned Aerial Surveillance LLC believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)). Operating the sUAS, without 30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was meant to prevent given the size and speed at which the sUAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety. Additionally, limiting SkyRanger flights to 20 minutes would greatly reduce their utility. In the unlikely event that the SkyRanger should run out of fuel, it wou ld simply land. Given its weight and construction material, the risks are less than contemplated by the current regulation. Unmanned Aerial Surveillance LLC believes that an equivalent level of safety can be achieved by maintaining 10 minutes of reserve fuel, which, allowing 40 minutes of flight time, would be more than adequate to return the sUAS to its planned landing zone from anywhere in its operating area. The FAA has granted similar exemptions to others, including Exemptions 2689F, 5745, 10673 and 10808. **14 C.F.R. § 91.203 (a) & (b): Carry ing Civil A** **ircraft Certification and Registration** This regulation provides as follows:

(a)

... no person may operate a civil aircraft unless it has

... an appropriate and current airworthiness certificate. (b) N o person may operate a civil aircraft unless the airworthiness certificate required

### 13 of 19 by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The SkyRanger fully loaded weighs approximately 6 lbs. As such, there is no ability or place to carry certification and registration documents or to display them on the sUAS. In addition, there is no pilot on board the aircraft. 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. 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): Maintenance Inspections** 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 discrepancies 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) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service. The SkyRanger is nearly maintenance free, it performs automatic pre-flight checks and the failure of any check will prevent take
-off. Checks which cannot be done by the system will be performed by a qualified person prior to each flight and at predefined intervals as part of the Maintenance Schedule in the User Guide (see Exhibit 1). Pre
-flight checklist includes: 1

. Visual inspection of the airframe 2. Visual inspections of rotor integrity 3. Check charge of all batteries (aerial vehicle, command station, radio repeater station) An equivalent level of safety will be achieved because the sUAS is small in size, will carry no external payload, will operate only in restricted predetermined areas and is not a complex mechanical devise. As provided in the attached User Guide (System Maintenance section), the operator of SkyRanger will ensure that the sUAS is in working order p rior to initiating flight, perform required maintenance, and keep a log of any maintenance that is performed. Moreover, the operator is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety. The SkyRanger’s Maintenance guidelines ensure an equivalent level of safety to the maintenance requirements in Part 91. In addition, any component failure detectable by the system will be reported to the control station and will cause the UAV to perform a Fatal Condition Response (FCR) or Non
Fatal Conditioned Response (NFCR), depending on the type of failure.

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**AP PENDIX B**  **SMA LL UNMA** **NNED AERI** **AL SYSTEM DESCRIPTION** 
**Unmanned A**

**erial Surveillance Overview:** U nmanned Aerial Surveillance, LLC is a US company located in Temecula, CA with headquarters based in Los Angeles, Ca. and satellite locations throughout the world. Our team consists of expert personnel with over a hundred years of combined Aerospace experience. UAS is proud to be on the cutting edge of sophisticated UAV and sensor technologies. Our mission is to provide our customers with the highest quality data on time, every time, at the lowest practical cost. **Ae ry** **on Corporate**  **Overview** : Aeryon Labs, Inc. is a Canadian company located in Waterloo Ontario. Aeryon is focused on providing micro unmanned aerial system and is g lobally recognized as the market and technology leader in this space. Key customers range from military organizations such as Canadian Special Operations and US Special Operations; key government agencies such as NOAA, Environment Canada and the US Coast G uard; world leading universities in the unmanned space such as University of

Alaska Fairbanks and Kansas State University; police agencies such as the RCMP and OPP; and global enterprises such as BP, UK Power Networks and Fortune 500 companies in the chemi cal, oil/gas and security markets. Aeryon systems have accumulated over 5000 hours in global flight operations. This number does not include military flight hours which increase the numbers further. Aeryon systems have been approved by the FAA for research COAs and have a demonstrated safety track record. The Aeryon sUAS platforms were the first to officially fly at one of the FAA’s UAS Test Sites (UAF Alaska). Many customers from military, to education to police and even commercial operations have been given approval to fly in US, Canada, UK, Australia, Japan, and others airspaces. **Sky Ranger**  **Overview** : Aeryon unmanned systems have been used to fight terrorism in Iraq, Afghanistan and Nigeria, monitor hostile borders between Saudi Arabia and Yemen, ensure the safety of world leaders at the G50 Nuclear Summit in Seoul, escort a fuel tanker and ice breaker into a remote Alaskan community, monitor wildlife on the Aleutian Islands, map remote communities in South America, keep our highways clear and safe; and provide volumetric analysis for open pit mines. The Aeryon SkyRanger can carry payloads up to 600 g. The SkyRanger flies with a maximum wind threshold of

40 M. P.H. for sustained winds and wind gusts up to 55 M. P.H.. W hat is unique about the Aeryon SkyRanger is the system automatically compensates for wind versus relying on the operator’s ‘sense of feel’ for what the impact of the wind is at the altitude the system is flying. The end result is a system capable of gathering high quality aerial intelligence at much higher wind thresholds. A trait that is imperative for many aerial inspection operations. The SkyRa nger has an operational range of up to 3 km (1.6 NM) with the standard offering and up to 5 km (2.7 NM). All flight operations are GPS controlled making the system extremely easy to navigate. At any point if the operator is not explicitly commanding the system to move, the system automatically holds its GPS position (i.e. GPS hold for reliable location hover). Camera positioning is also GPS controlled allowing for the most sophisticated camera targeting available. The flight control system employs not only GPS positioning but a variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensure the most stability of any system in its class
- regardless of the wind.

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The Aeryon SkyRanger can be operated in both semi and fully autonomous flight modes. C reating preplanned flight paths to fly in autonomous mode is as simple as clicking on the map to create a preplanned flight path. In semi
-autonomous mode, the operator clicks on the map and the Aeryon SkyRanger automatically flies to the point on the map where the operator is pointing. Pre
-mission waypoints, Landing zone points and flight area dimensions can all be entered during preflight ensuring the SkyRanger operates only within specified parameters. The Aeryon SkyRanger incl udes many advanced safety features that makes the SkyRanger the safest choice for both urban and non - urban environments. Built
- in intelligent fault handling allows the SkyRanger to detect a system fault while in the air, and to automatically fly back to its take
-off location and land. Faults that can be detected include: loss of communication; pre-set wind thresholds exceeded; and low battery levels. In addition, the operator can create no fly zones or maximum flight ranges and altitudes so the system cannot enter areas deemed unsafe or unnecessary to fly over. And before every take
-off automated flight checks ensure the system is flight ready before it takes off. The Aeryon SkyRanger can be operated entirely by a touch
-screen, map based interface. This mea ns The operator only needs to command the system where to go, and the system does all the flying for the operator. Maps can be saved and flight plans can be made or recalled with no internet connection required. **Sky Ranger Operating Manual** 
- System user ma nual available upon request. **Phy sical Characteristics**  **Measurements**

– 40” diameter deployed, 20x10” folded **Weight** (without payload)

– 2.4kg (5.3 lbs

. ) **Fuel**

– Lithium polymer batteries are self
-contained high duration systems with “SMART” intelligence on - board. This includes cycle charge times, locations, GPS antenna, chemical management, and real
time data feeds to ensure maximum flight duration and sub
-system safety processes. Charging is done in the included Aeryon Battery charger and can be charged vi a standard wall outlet, or via a vehicle. **Landing sty le/ty** **pe** – Autonomous vertical lift **Propulsion Sy stem**  ● Engines

– The SkyRanger is powered by 4 electric brushless DC motors. ● Batteries

– Lithium polymer batteries are self
-contained high duration systems with SMART intelligence on - board. This includes cycle charge times, locations, GPS antenna, chemical management, and real
-time data feeds to ensure maximum flight duration and s ub
-system safety processes. Charging is done in the included Aeryon Battery charger and can be charged via standard wall outlet, or via a vehicle. **Performance Characteristics** ● Maximum Altitude

– 1500 ft. ● Maximum Endurance

– 50 minutes ● Maximum Range

– 3 km ● Weather Minimums
- ● Wi nds Maximum

– 40 MPH sustained, 55 mph gusts

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● Minimum ceiling: 500 ft

. ● Minimum visibility: 1 SM ● Icing conditions

– no icing conditions ● Precipitation

– no visible moisture **Maintenance**

– The UAS is nearly maintenance free, it performs automatic pre-flight checks and the failure of

a ny check will prevent take
-off. Checks which cannot be done by the system will be performed by a qualified person prior to each flight. Pre
-flight checklist includes: ● Visual inspection of the airframe ● Visual inspections of rotor integrity ● Check charge of all batteries (aerial vehicle, command station, radio repeater station) **Reliability**

– The system is designed for maximum reliability and to maintain performance over its life. The only components experience routine wear are rotors, batteries, motors, and legs. Battery and motor conditions are monitored by the system with deviations reported to the operator. Contact with other objects during flight may cause other components, particularly rotors, and motor arms, to become damaged. Damaged components are likely to be detected during the full visual inspection of

the airframe performed before each flight. Structural damage affecting flight characteristics will be detected by on
- board sensors. The UAV system d etects numerous conditions wh ich may make flying unsafe, such as reduced GPS accuracy, magnetic anomalies, low battery charge, battery cell imbalances, temperature fluctuations. Automatic pre-flight checks prevent the UAV from taking off if such conditions are present; or, if the condition is detected during flight, the system will trigger a Fatal Conditioned Response. **Fault Tolerance** 
- The key feature of the UAV fault tolerance is its mechanical simplicity. It uses four fixed pitched rotors, each mounted on a separate motor. No control surfaces or other actuators are required for the UAS to fly. Any component failure detectable by the system will be reported to the control station and will cause the UAV to perform a Fatal Condition Response (FCR) or Non
- Fatal Conditioned Response (NFCR), depending on the type of failure. **Command and Control Sy stems**  The SkyRanger Ground Control station allows the operator simultaneous control over aircraft and payloads. The touch screen control allows for quick navigation a nd data entry while the display screen provides all essential flight data to the operator. Telemetry data is transmitted to the command station at least once per second. **Display ed on GCS:**  ● UAS Position ● Navigation Route ● UAS Tail Number ● UAS Position ● UAS Altitude ● UAS Heading ● North Seeking Arrow ● Range to Target ● Calculated target position ● Date/time ● Sensor heading and orientation relative to UAS

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**On -** **board Flight**  **Instruments**

– The UAV is equipped with an Inertial Navigation System (3
-axis gyroscope, 3
-axis magneto meter, GPS receiver, and static pressure sensor) and a sonar sensor for precision AGL altitude measurement. **On –** **board computer**  **systems**

– The UAS is equipped on - board computer systems to monitor (sensors, battery, etc.), control (speeds, altitude, position, etc.), and communicate (control, telemetry, etc.). **On -** **board guidance**  **and navigation**  **equipment**

– The UAS can operate autonomously; it does not require any input from ground
- based equipment, or from the pilot to hover in place. **Frequency**

**A llocations** 

– 900 MHz, 2.4 GHz, 5.8 GHz, custom **Flight termination**  **link**

– to prevent a “fly away” or other potentially dangerous situation a flight termination link is available to the operator at the GCS. **Takeoff and**  **Landing**

– The SkyRanger has vertical lift auton omous launch and recovery. A Landing Zone “LZ” is designated by the operators and identified in the GCS software. For launch procedures the aircraft will takeoff and hover 3 meters directly above the LZ and hold until further o perator instruction is given . The aircraft will automatically adjust for wind during this period. **Navigation Sy** **stem**

– Specific maps can be downloaded to the display screen (such as air sectional and geographic maps) which are overlaid with GPS positional data. Waypoints can be created before and during flight operation creating specific locations and sequences for the aircraft. **Redundant Sy** **stems**

– The UAS combines the input from a multitude of sensors. Even though the data from all sensors is required for optimal system performance, a single sensor malfunction is likely to result in degraded performance rather than leading to a catastrophic failure. **Emergency**

**Procedures and Sy stem Failures**  **Failure Handling** 

– The UAS has extensive failure detection and handling capabilities. All failures are deeded to be either fatal or non -fatal. Failures classified as fatal result in a Fatal Condition Response (FCR); and failures classified as non
-fatal result in a Non
- Fatal Condition Response (NFCR). **Sensor Failure** 

– Failure of on - board flight instruments/sensors will degrade the UAS performance and will result in either a FCR or a NFCR, depending on their severity. If the UAS becomes unstable due to sensor failure, it will stop all four motors and free fall to avoid a fly away condition. **Motor Failure**

– The UAS flight performance will degrade significantly if one or more motors fails. **Ai rframe Failure** 

– If airframe is damaged in ways that impacts flight characteristics, the UAS will behave similar to if an on
- board flight instrument failed. **Navigation Sy stem Failure** 

– In a navigation system failure, degraded GPS will result in FCR or NFCR ‘s depending on failures. **Pow er Failure** 

– A complete battery failure which results in power loss to the UAS will result in degraded flight performance. **Low Battery** 

**Condition**

– Operator will be alerted of a low battery condition and will land the aircraft

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as soon as able. **Low Battery** 

**Condition**

– Operator will be alerted of a low battery condition and wil l land the aircraft as soon as able. **Line -** **of -** **Sight Loss**

– All flight operations will be conducted with the UAS within visual sight of the pilot. If the pilot’s view becomes obstructed and line
-of
-sight is lost, the pilot may instruct the UAS to hover in place until line
-of
-sight is reestablished, to return to the take
-off position, or to land at the current position. **Security** The system and communication links are encrypted by the manufacturer’s proprietary software.

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**AP PENDIX C**  **SUMMA RY OF A** **ERYON SECTION 333 EXEMPTION REQUEST** Unmanned Aerial Surveillance LLC hereby provides pursuant to Part 11 a summary of its exemption application to allow commercial operation of the SkyRanger small unmanned system in Precision Aerial Surveys . An exemption is requested from the following regulations: 14 C.F.R. Part 2 1; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a) & (b); 14 C.F.R. 61.133(a); 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2) & (c); 14 C.F.R. 91.103; 14 C.F.R. 91.109(a); 14 C.F.R. 91.119; 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) & (b); 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).