Albany Atlanta Brussels Denver 

# McKenna Long

**&Aldridgeu~** 1676 International Drive • Penthouse Mclean , VA 22102 Northern Virginia Orange County Rancho Santa Fe San Diego Los Angeles Tel: 703.336.8800 mckennalong.com San Francisco Miami Seoul New York Washington, DC MARK E. MCKINNON 703

.336

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.com

U.S. Department ofTransportation DocketManagement System 1200NewJersey Ave., SE Washington, DC 20590 September 5, 2014

Re: Petition ofPhoenix AirUNMANNED, LLC for ExemptionPursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 Dear Gentlemen: Pursuantto Section 33 3 ofthe FAAModernization and Reform Act of2012 ("Reform Act") and 14 C.F.R. Part 11, Phoenix Air UNMANNED, LLC ("Phoenix AirUNMANNED"), hereby applies for an exemption from Federal Aviation Regulations ("FARs") identified below, to allow commercial operations ofsmall unmanned aerial vehicles (i.e., "small unmanned aircraft" or "sUAS"). This exemption is made based onthe information inthis petition, as well as the accompanying Phoenix Air UNMANNED UAS Operations Manual (''Operations Manual"). Petitioner submits the Operations Manual as a Confidential document under 14 C.F.R. § 11.35(b), as the entire Operations Manual contains confidential commercial and proprietary informationthat the Petitioner has not and will not share with others. The Manual contains operating conditions and procedures that are not available to the public and are protected from release under the Freedom ofInformation Act, 5 U.S.C. § 552 

### etseq., and any other requirements establishedbythe FAApursuantto Section 333 ofthe FAA Reform Act. For your convenience, the petition is organized as follows: 

### I. Description ofPetitioner II. Relevant StatutoryAuthority III. Qualifications for Approval Under Section 333 ofthe Reform Act IV. Description ofProposed OperationsU.S. Department ofTransportation September 5, 2014 Page2


### V. Regulations From Which Exemption is Requested A. 14 C.F.R. Part 21, SubpartH- Airworthiness Certificates and 14 C.F.R. 

### § 91.203 B. 14 C.F.R. Part27 Airworthiness Standards: Normal Category Rotorcraft C. 14 C.F.R. 

### § § 91.9(c), 45.23(b) and 45.27(a): AircraftMarking and Identification Requirements D. 14 C.F.R. 

### § 91.9(b)(2): Civil AircraftFlightManual in the Aircraft and 14 C.F.R. 

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

### § 91.7(a): Civil AircraftAirworthiness F. 14 C.F.R. 

### § 91.103: PreflightAction G. 14 C.F.R. 

### § 91.109(a): FlightInstruction H. 14 C.F.R. 

### § 91.119: Minimum SafeAltitudes I. 14 C.F.R. 

### § 91.121: Altimeter Settings 

### J. 14 C.F.R. 

### § 91.151(a): FuelRequirements for Flight in VFR Conditions K. 14 C.F.R. 

### § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections VI. Drug and Alcohol Program VII. PublicInterest VIII. Privacy IX. FederalRegistry Summary X. Conclusion

I. DESCRIPTION OF PETITIONER Phoenix Air UNMANNED is a member ofthe Phoenix Air Group family ofcompanies, and is sister corporationto Phoenix Air Group, Inc. ("Phoenix Air Group"), apart 135 carrier and special missions operator. Phoenix Air UNMANNED seeks to build on the Phoenix Air Group's years ofsuccessful and safe operations and leverage its skills and knowledge to build a companythat can offer the widestpossible range ofUAS services in a safe and efficient manner. Phoenix Air UNMANNED has adopted a philosophy thatrecognizes that UAS operations are a part ofthe complex, interconnected systems that make up the NAS. Accordingly, Phoenix Air UNMANNED has, to the greatest extent possible, adopted Phoenix Air Group's existing part 135 and special missions infrastructure as the model for its UAS operations. This allows Phoenix Air UNMANNED to fully integrate with the proven systems that govern all air operations, whether conducted under Part 91 or Part 135.U.S. Department ofTransportation September 5, 2014 Page 3
Phoenix AirUNMANNED seeks the requested exemptions and a Certificate of Authorizationto permit it to offer on-demand commercial UAS operationsfor a host of industries and applications. These include:
• Flare stack inspection,
• Utility-power generation system inspections and patrolling,

• Pipeline inspection andpatrolling,
• Filmmaking, cinematography, and videography,

• Precision agriculture,
• Wildlife and forestry monitoring,

• Aerial surveying,
• Construction site inspection and monitoring, and

• Public Entity Support Operations. As set forth inmore detail inthe attached Operations Manual, Phoenix Air UNMANNED will provide a mission capable UAS, Pilot in Command (PIC), observer, sensor operator(s) and any additional flight crewmembers needed for the specific flight operation. Phoenix Air UNMANNED will retain operational control ofall UASs, and eachoperationwill be performed pursuantto a set ofgeneralprocedures applicable to all flights, as well as additional flight procedures developed as suitable for each area ofwork. Becausethe Phoenix Air Group's family ofcompanies has a long history inthe aviation industry, each ofthese services can be offered more safely and reliably, with a full understanding ofthe requirements for operation inthe NAS. Over the past 30 years, Phoenix Air Group has become a world leader inproviding unique air services to government and private industry, including electronic warfare training, international air ambulance services, and transportation ofunique cargos such as explosives. In August 2014, Phoenix Air overnight became "The Most Famous Air Ambulance Company inthe World" according to the world press, for its worktransporting the first two Ebolavirus infected medical workers from Western Africa to the United States for treatment. Within a month Phoenix Air was issued a sole source contract bythe U.S. Department ofStateto become the U.S. Government's primary (and at this writing only) provider ofair transport services for contagious patients (primarily USG employees on assignment overseas) and for deploying State Department security forces to U.S. Embassies under duress worldwide due to potential hostilities inthe host country.U.S. Department ofTransportation September 5, 2014 Page4
Phoenix Air's headquarters, Dispatch Center and heavy maintenance base are in Cartersville,just outside Atlanta, GA. The company also has offices and operating bases in four other states and Europe. Phoenix Air owns and operates all ofits aircraft, which today number more than 35, and all flight crewmembers, maintenance and other support personnel are full-time employees. In addition to owning and operating aircraft, Phoenix Air has full in-house maintenance facilities where specialists maintainthe company's fleet at "depot level" readiness. While the company does not perform maintenance services for outside non-company-owned aircraft, it does keep busy maintaining its over 35 aircraft at factory levels. The company currentlyhas Learjet 35/36jets; Gulfstream G-1 turbo props, G-IISP and G-liBjets, G-Illjets; and Embraer EMB-120 turbo prop aircraft in various passenger/cargo/combi/air ambulance configurations. Phoenix Air also has a Special Missions Department that designs, develops andmaintains a wide array ofhighly specialized electronic warfare equipment and related subsystems. Special Missions' employees also crewthese highly specialized aircraft acting as Electronic Warfare Officers and Mission Specialists in the field. Other company engineers and maintenance technicians modify aircraft and aircraft components to meet certain contract requirements. The company currently holds more than 15 federal contracts with various agencies ofthe U.S. Government. Phoenix Airis a "cleared facility" and halfofits 230-plus employees hold U.S. Department ofDefense security clearances. Some ofthe company's contracts, professional organization memberships and capabilities include:



### • Phoenix Air Group is approved bythe U.S. Department ofDefense Commercial Airlift Review Board (CARB) to participate inU.S. DOD Air TransportationPrograms.



### • Phoenix Air Group is the premier commercial contractorproviding high-power electronic combat warfare and communicationjamming and training to U.S. Navy carrier and expeditionary strike groups.


### • Phoenix Air Group is a prime contractor to the U.S. Navy Aegis Program.



### • Phoenix Air Group is a contractor withMassachusetts Institute ofTechnology LincolnLabs (MIT-LL) to perform major aircraft modifications on a U.S. AirForce Air Combat Command owned Gulfstream G-Ill aircraft to accept the Airborne Lidar Testbed (ALIRT) sensorpackage for operational deploymentbythe U.S. Government. Aircraft operates in support ofthe U.S. Department ofDefense Intelligence, Surveillance, and Reconnaissance TaskForce.U.S. Department ofTransportation September 5, 2014 Page 5



### • Phoenix Air Group is contracted bythe Defense Advanced Research Projects Agency (DARPA) to design and field a Gulfstream G-Ill aircraft capable ofproviding airborne telemetry acquisition support at the Missile Defense Agency (MDA)'s Barking Sands Test Range Facility in Kauai, Hawaii for use during DARPAHypersonic TestVehicle (HTV-2A) launch missions.



### • Phoenix Air Group is under contract to the National Aeronautics and Space Administration (NASA) to provide "special missions" aircraft to support various scientific payload systems including viewing ports, internal power systems, external data gathering and other modifications made and designed by company technicians.



### • Phoenix Air Group is approved bythe FAA for worldwide air ambulance flights, and by U.S.A.F. Air Mobility Command (AMC) under contract to provide on-demand air ambulance service for all branches ofthe U.S. DOD, using bothLearjet and Gulfstream G-Ill aircraft worldwide.



### • Phoenix Air Group holds a multi-year contract withthe Centers for Disease Control and Prevention (CDC) to provide domestic and international aircraft services in support ofCDC personnel and specimentransport. This includes short notice emergency flights to anywhere in the world CDC personnel are needed inthe event ofdisease outbreak.



### • Phoenix Air Group is the prime contractorto U.S. Africa Command (AFRICOM) to provide multiple dedicated Gulfstream aircraft to transport U.S. Governmentpersonnel throughout the continent ofAfrica, close-by island nations and the Middle East.



### • Phoenix Air Group is approved bythree federal agencies to provide executive air transport services up to the President's Cabinet Secretary level- U.S. Department ofHealth and Human Services, U.S. Department ofEnergy and U.S. Department ofthe Interior.



### • Phoenix Air Group is approved bythe U.S. Department ofTransportation, Pipeline and Hazardous Materials Safety Administration (PHMSA), to transport explosives by air under authority ofExemption DOT-SP 8826. This includes explosives that are forbidden for air transport by bothU.S. and internationalregulations.



### • Phoenix Air Group was awarded the Alber-Rowley Trophy by Gulfstream Aerospace Corporation as the 2009 Outstanding Flight Award recipient for commercial operators flying Gulfstream aircraft. Gulfstream Aerospace deemed Phoenix Air as having performed the most outstanding series offlights for 2009 for work Phoenix Air did for U.S. Africa Command (AFRICOM) under extremely challenging conditions and in harsh environments.U.S. Department ofTransportation September 5, 2014 Page 6

• Phoenix Air Group maintains full service training contracts with FlightSafety International for all aircraft captains and first officers, and mission specific maintenance personnel. As canbe seen, Phoenix Air Group routinely operates in challenging environments doing unique missions that few, ifanyone else, can do
. Phoenix Air Group has anunparalleled success rate and a long history ofsafe operations. For example, Phoenix Air Group provides transport services throughout the continent ofAfrica, the Middle East and close-by island nations to U.S. Africa Command (AFRICOM). Phoenix Air's success at maintaining a 99.9% mission completionrate under its two AFRICOM contracts was due to the company's long history of operating into some ofthe most difficult and challenging airspace and countries inthe world. Similarly, Phoenix Air Group provides passenger and specimentransport services to the Centers for Disease Control (CDC) and has maintained an aircraft and flight crew in fast response readiness mode for 5 years. The aircraft had to be ready to deploy anywhere inthe United States with 2-hour notice 24/7 and worldwide with 8-hour notice 24/7. Phoenix Air Group has flown missions for the CDC in such challenging circumstances as the 2009 HlNl Influenza outbreak and the 2010 Haiti Earthquake Response. Phoenix Air Group maintained a 100% mission completion rate throughout the contract. Phoenix Air Group also flew successful missions earlierthis year to transport two United States citizens who were infected with the Ebolavirus while providing humanitarian medical services in West Africa. The missions required operation ofa special sealed environment inside the transport aircraft to prevent any chance ofthe disease spreading. The transport was completely successful and ledto a contractwiththe State Department to become the U.S. Government's only commercial provider ofsuch services. All aircraft, Phoenix Air Group equipment and employees are employed full time, and the company does notbroker or use part-time employees. Its Dispatch Center operates around the clock coordinating aircraft throughoutthe world, and its maintenance facilities continue to maintain Phoenix Air aircraft infactory-level condition. Finally, as part ofits successful Part 135 operations, Phoenix Air Group maintains excellentrelations withthe AtlantaFSDO and other FAA offices overseeing flight operations. Phoenix Air UNMANNED is committed to continuing thatrelationship and intends to have the Atlanta FSDO involved in the collection and analysis ofits operational data as a way to help improve FAA's ability to ensure safe integration ofcommercial UAS operations into the NAS. The contactinformation for Petitioner is as follows: Phoenix Air UNMANNED, LLC Attn: William E. LovettU.S. Department ofTransportation September 5, 2014 Page 7
100 Phoenix Air Dr. Cartersville, GA 30120 Phone: (770) 387-2000 ext:232 e-mail: wlovett@phoenixair.com 

### II. RELEVANT STATUTORY AUTHORITY This petitionfor exemption is submitted in accordance with the Section 333(a) through (c) ofthe FAAModernization and ReformAct of2012. Congress has directed the FAA "to safely accelerate the integration ofcivil unmanned aircraft systems into the national airspace system." Pursuantto Section 333 ofthe Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate inthe National Airspace System ("NAS") where it is safe to do so based onthe following considerations:

• The UAS's size, weight, speed, and operational capability;

• Operation ofthe UAS in close proximity to airports and populated areas; and

• Operation ofthe UAS withinthe visual line ofsight ofthe operator. 1 Additionally, the FAAAdministratorhas general authority to grant exemptions from its safety regulations and minimum standards whenthe Administrator decides a requested exemption is inthe public interest. See 49 U.S.C. § 44701(±) (permitting exemptions from§§ 44701(a), (b) and§§ 44702-44716, 

### etseq.). A party requesting an exemption must explain the reasons why the exemption: (1) would benefitthe public as a whole, and (2) would not adversely affect safety (orhow it would provide a level ofsafety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).


### III. QUALIFICATIONS FORAPPROVAL UNDER SECTION 333 OF THE REFORM ACT The proposed operations inthis petition for exemption qualifyfor expedited approval under Section 333 ofthe Reform Act. Each ofthe statutory criteria and other relevant factors are satisfied. The proposed operations would permitthe use ofsmall and relatively inexpensive UAS under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as to

1

### !d. at § 333(b )(1).U.S. Department ofTransportation September 5, 2014 Page 8

access; and that (4) provides an increased level ofsafety beyond that existing when fixed or rotor wing aircraft are used to accomplishthe same purpose. In addition many ofthese operations, such as flare stack and construction inspection would be alternately accomplished by sending an individual up into a structure to manually conduct a visual inspection. Such operations carry a much higherrisk ofserious bodily injury or death compared with conducing a photographic or video inspection from a small UAS. Given the small size ofthe sUASs involved and the restricted environment within which they will operate, this petition exemption falls within the zone ofsafety, i
.e., an equivalent level ofsafety, in which Congress desired the FAA to permit commercial UAS operations by exemptionpending completion offormal rulemaking. Also, due to the size ofthe sUASs and the restricted area in whichthe sUASs will operate, approval ofthe application presents no national security issue
. Considering the clear direction in Section 333 ofthe Reform Act, the authority contained inthe Federal Aviation Act, as amended, the equivalent level ofsafety surrounding the proposed operations, and the significant public benefit, the grant ofthe requested exemptions is also in the public interest. Accordingly, Petitioner respectfully requests the FAA grant the requested exemption without delay. 

### IV. DESCRIPTION OF PROPOSED OPERATIONS As a sister companyto the Phoenix Air Group, Phoenix Air UNMANNED will draw upon its vast aviation experience to provide UAS services to a wide host ofindustries. Detailed, industry specific procedures have been created and are set forth inthe accompanying Operations Manual to ensure safe operation for eachpotential UAS application. To assist the FAAin its safety assessment ofPetitioner's proposed sUAS operations, below is a summary ofoperational limitations and conditions which will ensure an equivalent or higher level ofsafety to operations conducted under current regulatory guidelines: 1. The UAS will weigh less than 55 pounds
. 2. Flights will be operated within line ofsight ofapilot and/or observer
. 3. Maximumtotal flight time for each operational flight will be limited to the amount oftime the UAS can be flown and still maintain a reserve battery power ofno less than 25%. 4. Flights will be operated at an altitude ofno more than 400 feet above ground level ("AGL"), or no more than 100 feet above a structure being inspected ifthat

### U.S. Department ofTransportation September 5, 2014 Page 9

structure exceeds a height of400'. As a result, the UAS flight will not be conducted within navigable airspace. 5. Flights will be operated at a lateral distance ofleast 100 feet from any inhabited structures, buildings, vehicles, vessels, orpeople not associated withthe operation or who have not signed a waiver in advance ofthe operation. 6. Minimum crew for each operation will consist ofthe UAS Pilot, one or more Visual Observers as necessary to safely conduct the mission, and a Sensor Operator ifrequired. 7. The sUAS Pilot will hold an FAA commercialpilot's license with class 2 medical certificate. 8. The observer designated for any operation will have at least a class 2 medical certificate. 9. The UAS Pilot will be Pilot in Command ("PIC"). Ifa pilot certificate holder otherthanthe UAS Pilot, who possesses the necessary PIC qualifications, is also present, that person can be designated as PIC. 10. The UAS will operate in accordance withthe safety and operational requirements ofthe Manual. 11. Prior to the operation, a Safety Risk Analysis Plan (SRAP) will be created which includes all safety and operational information necessary to safely carry out the flight. 12. A briefing will be conducted in regard to the planned sUAS operations prior to each day's missions. It

### will be mandatory that all personnel who will be performing duties within the boundaries ofthe safety perimeter be present for this briefing. 13. Pilot, Visual Observer and Sensor Operator will at all times be able to communicate by voice. 14. Pilot, Visual Observer and Sensor Operator will have beentrained in operations ofUAS generally and will have experience in flying the particular UAS used for any operation.U.S. Department ofTransportation September 5, 2014 Page 10
15. All required permissions and permits will be obtained from territorial, state, county or cityjurisdictions, including local law enforcement, fire or other appropriate governmental agencies. 16. The operator will file a FAA Form 7711-1, or its equivalent, as modified inlight oftherequested exemption, with the AtlantaFlight Standards District Office ("FSDO"). 17. Ifthe sUAS loses communications or loses its GPS signal, the sUAS will have the capability to return to a pre-determined location withinthe operational area and land. 18. Contingencyplans will be inplace to safelyterminate flight ifthere is a loss of communicationbetweenthe pilot and the observer. 19. The UAS will have the capability to abort a flight in case ofunpredicted obstacles or emergencies.


### V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED The Federal Aviation Act expressly grants the FAAthe authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under§ 40101 ofthe Act, including sUASs, from its safety regulations and minimum standards when the Administrator decides a requested exemptionis inthe public interest? Petitioner seeks anexemption from several interrelated provisions of 14 C.F.R. Parts 21, 45 and 91 for purposes ofconducting the requested operations using a UAS. Listed below are (1) the specific sections of 14 C.F.R. for which exemption is sought, and (2) the operating procedures and safeguards thatPetitioner has established which will ensure a level ofsafety betterthan or equal to the rules from which exemption is sought.3

2 See 49 U.S.C. § 44701(f) (authorizing the grant ofexemptions from requirements ofregulations prescribed pursuantto Sections 44701(a) and (b) and Sections 44702- 44716). 3 See 14 C.F.R. § 11.81(e), which requires a petitionfor exemptionto include: The reasons why granting the exemption would not adversely affect safety, or howthe exemption would provide a level ofsafety at least equal to thatprovided by the rule from whichyou seek exemption.U.S. Department ofTransportation September 5, 2014 Page 11
A. 

### 14 C.F.R. Part 21, Subpart H- Airworthiness Certificates and 14 C.F.R. 

### § 91.203(a)(1) Petitioner seeks an exemption from 14 C.F.R. Part 21, SubpartH, which establishes the procedural requirements for the issuance ofairworthiness certificates as required by 14 C.F.R. § 91.203(a)(1). The Federal Aviation Act and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports andpopulated areas ofthe particular UAS. All UAS operatedby Phoenix AirUNMANNED will meetthe requirements ofa small UAS, i.e., have a gross take-offweight ofless than 55 pounds. Giventhe size and limited operating area associated withthe UAS operations, an exemption from Part 21, SubpartH, meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. In all cases, an analysis ofthese criteriademonstrates that the sUAS operated without an airworthiness certificate, inthe restricted environment and under the conditions proposed, will be at least as safe as, or saferthan, a conventional rotorcraft operating with an airworthiness certificate withoutthe restrictions and conditions ofthe proposed sUAS operations. 

### Equivalent Level ofSafety The sUASs to be operatedhereunder weigh less than 55 pounds withpayload, carry neither a pilot norpassenger, carry no explosive materials or flammable liquid fuels, and operate exclusively within a secured and sterile area. Unlike other civil aircraft, the proposed operations will be controlled and monitored by the operator, as well as an observer and sensor operator, pursuantto the Manual's requirements. Moreover, the FAA will have advance notice ofall operations conducted under this exemption. These safety enhancements, which already apply to civil aircraft operated in connection with existing inspection operations, provide a greater degree ofsafety to the Petitioner's employees, members ofthe public, andproperty owners than conventional operations conducted with airworthiness certificates issuedunder 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates thatthere is no credible threat to national security posedbythe sUAS, due to its size, speed ofoperation, lack ofexplosive materials or flammable liquid fuels, and inability to carry a substantial external load. 

### B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category RotorcraftU.S. Department ofTransportation September 5, 2014 Page 12
14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extentthe Petitioner's sUAS would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified inthe exemption request from 14 C.F.R. Part 21, Subpart H. C. 

### 14 C.F.R. 

### § § 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements Petitioner seeks an exemption from the aircraft marking and identificationrequirements contained in 14 C.F.R. § § 91.9(c), 45.23(b) and 45.27(a).

• 14 C.F.R. § 91.9(c), Civil Aircraft FlightManual, Marking and Placard requirements, provides that: No personmay operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance withPart 45 ofthis chapter.

• 14 C.F.R. § 45.23(b), Markings ofthe Aircraft, states: Whenmarks include only the Roman capital letter "N" andthe registration number is displayed on limited, restricted or light-sport category aircraft or experimental orprovisionally certificated aircraft, the operator must also display onthat aircraft near each entrance to the cabin, cockpit, orpilot 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.

• 14 C.F.R. § 45.27(a), Rotorcraft, states: Each operator ofa rotorcraft must display onthat rotorcrafthorizontally onboth surfaces ofthe cabin, fuselage, boom, ortail the marks required by § 45.23. Exemption from 14 C.F.R. § 45.23(b) is warranted because the sUAS has no entrance to the cabin, cockpit, orpilot station onwhichthe word "Experimental" canbeplaced. Moreover, giventhe size ofthe sUAS, two-inch lettering will be impossible. The word "Experimental" will be placed onthe fuselage in compliance with 14 C.F.R. § 45.29(f). Given the nature ofthe specific reliefsought by this exemption request, Petitioner requires relieffrom the associated marking and identificationrequirements of§ 45.27(a) and § 91.9(c), which wouldrequire compliance with§ 45.23(b). 

### Equivalent Level ofSafetyU.S. Department ofTransportation September 5, 2014 Page 13
The equivalent level ofsafety for exemptions to the aircraft marking and identification requirements of§§ 91.9(c), 45.23(b) and 45.27(a) will be provided by having the sUAS marked onits fuselage as required by §45.29(f). The FAAhas previously issued the following exemptions to the aircraft marking requirements of§ 45.23(b): Exemption Nos. 10700, 10167 and 10167A. 

### D. 14 C.F.R. § 

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

### 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration Pursuant to 14 C.F.R. § 91.9(b)(2): (b) No personmay operate a U.S.-registered civil aircraft-
(2) For which an Airplane or Rotorcraft Flight Manual is notrequired by§ 21.5 of this chapter, unless there is available inthe aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings andplacards, or any combinationthereof. Pursuantto 14 C.F.R. 

### § 91.203(a) and (b): (a) Except as provided in§ 91.715, no personmay operate a civil aircraft unless it has withinitthe following: (1) An appropriate and current airworthiness certificate
... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis 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. Phoenix Air UNMANNED does notrequest an exemption from this sectionbutinstead notifies the FAAthat, in accordance with FAA Office ofChiefCounsel's Opinion dated August 8, 2014, the UAS flight manual, registration certificate and other documentation will be kept at the control station withthe PIC during flight. The ChiefCounsel's Office has held that for all UAS operations, this alternate method constitutes full compliance with the regulations. 

### E. 14 C.F.R. § 91.7(a): CivilAircraft AirworthinessU.S. Department ofTransportation September 5, 2014 Page 14
Petitioner seeks an exemption from 14 C.P.R. § 91.7(a), which requires that a civil aircraftbe in airworthy condition to be operated. Inasmuchthere will be no airworthiness certificate issued for the sUAS, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. EquivalentLevel ofSafety The UASs will be fully maintained and operated in accordance with all specifications and requirements identified bythe manufacturer. Phoenix Air UNMANNED will only operate sUAS that have aproven trackrecord ofreliability and safety. Further, given that no UAS will be operated by Phoenix AirUNMANNED with a weight ofover 55 pounds, and no UAS will be flown unless it has beenmaintained and prepared for flight in accordance with the manufacturer's requirements, an equivalent level ofsafety will be provided. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737,8738,9299,9299A,9565,9565B, 10167, 10167A, 10602,32827,and10700. F. 14 C.F.R. § 91.103: Preflight Action Petitioner seeks an exemption from 14 C.P.R.§ 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the FAA-approved Flight Manual on boardthe aircraft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extentthat an FAA-approved Flight manual is required. Equivalent Level ofSafety An equivalent level ofsafety will be provided by following the Aircraft Operations Manual and flight manual providedby the manufacturer. The PIC will take all required preflight actions- including reviewing weather, flight battery requirements, landing and takeoffdistance, and aircraft performance data

- before initiation offlight. The Aircraft Operations Manual and manufacturer's flight manual will be kept at the ground station with the operator at all times. G. 14 C.F.R. § 91.109(a): Flight Instruction Petitioner seeks an exemption from 14 C.P.R. § 91.109(a), which provides that "[n]o personmay operate a civil aircraft (except a manned free balloon) that is being used for flight instructionunless that aircraft has fully functioning dual controls." sUASs and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplishedthrough the use ofa box that communicates with the aircraft via radio communications. Equivalent Level ofSafetyU.S. Department ofTransportation September 5, 20
. 14 Page 15
Given the size and speed ofthe sUAS, an equivalent level ofsafe training can still be performed without dual controls because no pilot orpassengers are aboard the sUAS, and all persons will be a safe distance away in the event that the sUAS experiences any difficulties during flight instruction. The FAA has approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction inexperimental aircraft
. Exemptions include: Nos. 5778K and 9862A. H. 14 C.F.R. § 91.119: Minimum Safe Altitudes Petitionerrequests an exemption from the minimum safe altitude requirements of 14 C.F

### .R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non-congested areas; See 14 C.F

### .R. § 91.119(c). Sectio'n 91.119(d) allows for a helicopter to operate at less thanthose minimum altitudes when it can be operated "without hazard to persons orproperty onthe surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA." To provide the intended services, the sUAS is normally operated below 400 feet AGL. In circumstances where the UAS is used to survey orphotograph a structure whose height exceeds 400 feet AGL, the UAS will not be operatedmore than 100' above the highest point onthe structure. Additionally, due the nature oftheproposed operations, the sUAS will maintain a lateral distance ofat least 100 feet from inhabited structures, buildings, vehicles, and vessels, and from people not associated withthe operation. Equivalent Level ofSafety Compared to flight operations withrotorcraft weighing far more thanthe maximum sUAS weightproposed herein, and giventhe lack offlammable fuel, any risk associated with these operations is far less than those thatpresently exist with conventional aircraft. An equivalentlevel ofsafety will be achieved giventhe 'size, weight, and speed ofthe UAS, as well as the location where it is operated. As set forth in the
. Manual, the sUAS will be operated in a restricted area. Furthermore, by operating at such lower altitudes, the sUAS will not interfere with other aircraft that are subjectto the minimum safe altitude regulations. I. 14 C.F.R. § 91.121: Altimeter Settings This petition seeks an exemptionfrom 14 C.F

### .R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation ofthe departure airport orbarometric pressure. An exemption is required to the extentthatthe sUAS does not have a barometric altimeter, but rather a GPS altitude read out.U.S. Department ofTransportation September 5, 2014 Page 16 EquivalentLevelof Safety An equivalent level ofsafety will be achieved by following the procedures set forth in the Manual. As prescribed in the Manual, the operator will confirm the altitude ofthe launch site shown on the GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude indicatorto constantly monitorthe sUAS's height, thus ensuring operation at safe altitudes.
J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Petitionerrequests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states: (a) Nopersonmaybegin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed

- (1) During the day, to fly after that for at least 30 minutes; or (2) Atnight, to fly after that for at least 45 minutes. Here, the technological limitations on sUAS battery powermeans that no meaningful flight operations can be conducted while still maintaining a 30 minute reserve. Phoenix Air UNMANNED proposes that all flights comply with this requirementby mandating thatthe aircraft be safely landed with no less than 25% ofbattery life remaining. Equivalent Level ofSafety Anequivalent level ofsafety will be achieved because the operations will be conducted on-site without significant transit time by the sUAS. All flights will be planned to be terminated with no less than 25% reserve battery power still available. This restriction would be more than adequate to returnthe sUAS safelyto the ground and its planned landing zone from anywhere in its limited operating area even inthe event ofan unexpected occurrence. Operation ofthe sUAS with less than 30 minutes ofreserve fuel does not include the type ofrisks that Section 91.151(a) was intendedto alleviate given the size and speed ofthe small UAS, and the proximity ofthe flight operationto the landing zone. Moreover, operationwill be limited to controlled areas where onlypeople and property owners, or official representatives who have signed waivers, will be allowed. This request for exemptionfalls withinthe scope ofprior exemptions, including ExemptionNos. 10673, 2689F, 5745, 10673, and 10808.U.S. Department ofTransportation September 5, 2014 Page 17



### K. 14 C.F.R. § 

### 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections Petitioner also seeks an exemption from the maintenance inspection requirements contained in 14 C.P.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards inreference to 14 C.P.R. Part 43. See, e.g., 14 C.P.R.§ 91.405(a) (stating that each owner oroperator ofan aircraft "[s]hall have the aircraft inspected as prescribed in subpart E ofthis part and shall betweenrequired inspections
...have discrepancies repaired as prescribed in part 43 ofthis chapter"). An exemptionto these regulations is needed because Part43 and these sections only apply to aircraft with an airworthiness certificate, which the sUAS will not have. 

### Equivalent Level ofSafety An equivalent level ofsafety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual. As provided inthe Operations Manual, the operator will ensure that the sUAS is inworking order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. The operator is the person most familiar with the aircraft and best suitedto maintain the aircraft in an airworthy condition to provide the equivalent level of safety. Ifmechanical issues arise, the sUAS's size and carrying capacity, and the fact that flight operations will onlytake place inrestricted areas for limitedperiods oftime during daylight hours, creates less risk thanthat associated with conventional rotorcraft performing the same operation. 

### VI. DRUG AND ALCOHOL PROGRAM As set forth inthe Manual, Phoenix Air UNMANNED is committed to a drug-free workplace and the right ofthe flying public it serves to safe and efficient air transportation. All employees of Phoenix Air UNMANNED who perform safety sensitive and/or security related functions are prohibited from performing work ifthey have alcohol or a prohibited drug in their system. 

### VII. PUBLIC INTEREST Granting Phoenix AirUNMANNED's exemptionrequest furthers the public interest. National policy set by Congress favors early integration ofUAS into the NAS in controlled, safe working environments such as those proposed in this petition. Inaddition, maintaining industrial safety has been a priority ofstate and local governments for decades. By their nature, each oftheU.S. Department ofTransportation September 5, 2014 Page 18 proposed uses ofa sUAS offer superior safety to performing the same tasks with conventional aircraft or rotorcraft. In addition, granting the exemption will help advance the knowledge base for conducting commercial UAS operations. Phoenix Air Group has an excellent, ongoing relationship with the AtlantaFSDO and Aviation Safety Inspector Mike Wilson, and Phoenix Air UNMANNED commits to working with the FSDO to share data from its operations. This additional data will help the FAA set future rules regarding UAS flight operations, maintenance, and crew qualifications. The public also has an interest inreducing the hazards and emissions associated with alternate use ofhelicopters to conduct similar inspection operations. The UAS in question is very light weight and does not carry any flammable fuel, further reducing the risk from any potential accident.


### VIII. PRIVACY All flights will occur in accordance with any state or local laws regarding privacy. 

### IX. FEDERALREGISTRY SUMMARY Pursuantto 14 C.F.R. Part 11, the following summary is provided for publication inthe Federal Register, should itbe determined thatpublication is needed: Phoenix AirUNMANNED seeks an exemption from the following rules: 14 CFRPart 21, Subpart H; 14 CFRPart 27; 14 CFR45.23(b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR91.203 (a) & (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(2); 14 CFR 91.417 (a) & (b). Approval ofthese exemptions will allowPhoenix AirUNMANNED to offer on-demand commercial UAS operations for a host ofindustries and applications. The exemptions will enhance safety byreducing risk to the general public and property owners from the hazards associated withperforming equivalentwork with conventional aircraft and rotorcraft. 

### X. CONCLUSION Satisfaction ofthe criteriaprovided in Section 333 ofthe Reform Act of2012-size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line ofsight, and national security-provides more than adequatejustification for the grant ofthe requested exemptions to permit Phoenix Air UNMANNED to operate sUASs and provide on-demand UAS services to a wide range ofpublic andprivate entities.U.S. DepartmentofTransportation September 5, 2014 Page 19 Granting the requested exemptionwill benefitthepublic interest as a whole in many ways, including (1) significantly improving safety and reducing riskby alleviatinghuman exposureto danger, and (2) improvingthe quality ofservices and decreasing operating costs comparedwith conventional flight operations. 

### Ifyouhave any questions orrequire any additional information, please do nothesitate to call.

Attachments: Phoenix AirUNMANNED Operations Manual (submitted as a Confidential Documentunder 14 C.F.R. 

### § 11.35(b) and exemptfrom disclosure under the Freedomof InformationAct, 5 U.S.C. 

### § 552 

### etseq., and any otherrequirements establishedbythe FAA pursuantto Section 333 ofthe ReformAct).