# Ice 

# 'le

LE GA L COUN S E L

November 9, 2015 Arena District • 250 W est S treet i Suite 700 Columbus, OH 432 1 5-7509 WRITER'SDIRECT

**NU IBER**  **:** {614) 462

-5041 DIRECTF A

X

: {6 14) 222-3473 IN

TERNET: thomas.patnpush@ icemiller.com

United States Department ofTransportation Federal Aviation Administration Docket Management System 1200 New Jersey Avenue, NE Washington, DC 20590 Filed in www.regulations
.gov

· Re : Petition for Exemption ofAgile Network Builders, LLC under Section 333 ofthe FAA Modernization and Reform Act, 49 U.S
.C. 44701(£), and 14 C.P
.R. Part 11 On behalf ofAgile Network Builders, LLC ("Agile"), we hereby formally request an exemption from the requirements of 14 C.P
.R. Part 21, Subpmt H and 14 C.P
.R. §§61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(l), 91.405(a), 91.407(a)(1), 91.409(a)(l) and (2), and 91.417(a) and (b) to operate a small urunanned aircraft systems ("sUAS") pursuant to Section 333 ofthe FAA Modernization and Reform Act ("Section 333"). This exemption will permit Agile to operate its sUAS for the commercial purposes of conducting aerial video and photography as well as visual inspections of industrial structures including cell phone towers, rooftops, construction sites, fiber and/or oil and gas pipeline projects and other buildings in airspace regulated by the Federal Aviation Administration over various locations in the United States ofAmerica and its territorial waters. Agile requests permission to operate the DJI Phantom 3 Professional (the "Phantom 3") within the National Airspace System for hire and compensation
. The Phantom 3 is a vertical takeoff and landing, urunanned aircraft with a ground control station utilizing electronic tablet or smart phone systems. It also has a maximum speed under 50 knots and weighs less than 7 pounds
. No operation will be conducted within 5NM of an airport. Attached as Exhibit A to this document a

re the data specifications and the user manual to the Phantom 3. Similar exemptions utilizing such sUAS have been approved and deemed airwmthy. In accordance with 14 C.F.R §11.81, Agile provides the following information in support of its petition for exemption
.

Ice Miller LLP • Chicago Cleveland Columbus DuPage Cou nty, Ill. Ind ianapolis Washington, D.C. 

### icemiller.com C0\5097834
.3Agile Network Builders, LLC Petition for Exemption November 9, 2015 Page 2 The name ofthe applicant is: Agile Network Builders, LLC Attn: Robert Brick, CEO Email: rbrick@agilenetworks
.com Phone: 704-281

-3873 Address: 213 Market Avenue N., Suite 310 Canton, OH 44702 Website: www.agilenetworks.com 

### Exemptions requested 14 CFR Section Summary ofRegulation Part 21, Subpart H Airworthiness Certificates 61.23(a) and (c) Medical Ce1tificate Requirements 61.101(e)(4) and (5) Recreational Pilot Privileges 61.113(a) Private Pilot Privileges 61.315(a) Sp01t Pilot Privileges 91.7(a) Airworthiness Ce1tificate 91.119(c) Minimum safe altitudes 91.121 Altimeter settings 91.151(a)(l) Fuel requirements for flight in VFR conditions 91.405(a) Maintenance required 91.407(a)(l) Operation after maintenance 91.409(a)(l) and (2) Inspections 91.417(a) and (b) Maintenance records 

### Reasons for requesting relief 14 C.F.R. §§61.23(a), 61.101(e)(4) and (5), 61.113 (a), 61.315(a): MEDICAL CERTIFICATE REQUIREMENTS, RECREATIONAL, PRIVATE AND SPORT PILOT PRIVILEGES AND LIMITATIONS Agile's sUAS will not carry any persons on board. It will be remotely controlled and operated by a Pilot in Command ("PIC") holding either an airline transport, commercial, private, recreational or sport pilot certificate or other pilot certificate approved by the FAA in the future for sUAS operators ensuring that the PIC has the skills to safely operate the system in a ma1mer acceptable to the FAA. In addition, all PICs will have gone through guidance and training and meet certain flight-hour requirements, demonstrating that the PIC is able to safely operate the sUAS including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures prior to operating Agile's sUAS. All Agile operations will be controlled and limited. All flights will be coordinated ahead of time ensuring a level of safety that is in accordance with FAA requirements.

C0\5097834.3Agile Network Builders, LLC Petition for Exemption November 9, 2015 Page 3
14 C.F.R. Part 21, Subpart Hand 14 C.F.R. §91.7(a): AIRWORTHINESS CERTIFICATE These regulations require that no person may operate a civil aircraft unless it is in airworthy condition. Operating the sUAS without an airwmihiness certificate under the conditions proposed will be safer than operating a piloted aircraft operating with an airworthiness certificate. As there will be no airwmihiness cetiificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Agile believes that an equivalent level of safety can be achieved by following the sUAS manufacturer's operating documents. 14 C.F.R. §91.119(c): MINIMUM SAFE ALTITUDES Agile's sUAS will never operate at an altitude greater than 400 feet above ground level unless other altitude limits are forthcoming by the FAA. The petitioner will operate the sUAS in a manner protecting the public and any consenting patiicipants, providing a level of safety at least equivalent to those in relation to minimum safe altitudes
. 14 C.F.R. §91.121: ALTIMETER SETTINGS Agile's sUAS has no altimeter settings. However, it does utilize electronic global positioning systems with a barometric sensor providing instantaneous telemetry to the PIC as to the altitude ofthe sUAS above the takeofflocation. 14 C
.F
.R. §91.151(a)(l): FUEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS Agile believes that an equivalent level of safety can be achieved by following the sUAS manufacturer's operating documents with regard to battery voltage
. In order to achieve or exceed the level of safety, the PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to conduct the intended operation and to operate after that for at least 5 minutes. 14 C.F.R. §§91.405(a), 91.407(a)(l); 91.409(a)(l) and (2); 91.417(a) and (b): MAINTENANCE INSPECTIONS Agile will have performed preventive and required maintenance on the sUAS as required by the manufacturer and/or FAA safety/service bulletins. If a mechanical event occurs the sUAS will land immediately. The PIC will make sure that the sUAS is in an airworthy condition prior to each flight operation. Agile will perform maintenance on its sUAS and will maintain thorough record keeping ofany maintenance performed. Prior to each flight a preflight inspection will be conducted of the sUAS and Ground Control Station to ensure they are in such condition safe for flight. All discrepancies found during the preflight inspection will prohibit flight operations until the necessary maintenance has been

C0\5097834.3Agile Network Builders, LLC Petition for Exemption November 9, 2015 Page 4 performed and the sUAS is found to be in a condition for safe flight. All discrepancies, maintenance and alterations will be properly documented in the sUAS records. Ifthe sUAS has undergone maintenance or alterations that affect the sUAS operation or flight characteristics there will be a functional flight test by the PIC and the PIC will make as appropriate entry in the aircraft records. All maintenance will follow the sUAS manufacturer's aircraft/component, maintenance, overhaul, replacement and inspection requirements. Each sUAS will comply with all manufacturer's safety bulletins
. The operator will carry out its maintenance, inspections, and record keeping requirements in accordance with the manufacturer's operating documents. All maintenance, inspection, alterations and status of replacement/overhaul component parts will be noted in the sUAS records, including total time in service, description of work accomplished, and the signature of the authorized person returning the sUAS to service. Authorized persons will make entry in the
. sUAS record of corrective action taken against discrepancies discovered between inspections. 

### Public Interest Agile's sUAS operations will positively impact the general public:

• Risk to technicians and nearby persons is reduced by eliminating the need to climb structures or use manned aircraft for photographing and visual inspections ofelevated structures such as cell towers, other structures and rooftops.

• Photography and inspections performed by sUAS are significantly faster than rope or ladder access photography and inspections, which means that assets can be put back into service sooner and with less risk to personnel.

• Due to the affordability and flexibility of sUAS inspections, structures can be imaged and inspected more frequently, reducing the risk of a failure due to damage that occurs between inspection periods. 

### Agile submits that proper safety will 

### be ensured and can serve to benefit the genem/public andpose no threat to nationalsecurity. Agile will use experienced personnel or technicians to perform maintenance, alterations, or preventative maintenance on the sUAS using the methods, techniques and practices prescribed in the sUAS operating documents. Agile will document and maintain a maintenance record for its sUAS.

C0\5097834.3Agile Network Builders, LLC Petition for Exemption November 9, 2015 Page 5 Agile will utilize a PIC that holds either an airline transport, commercial, private, recreational, or sport pilot certificate (or other pilot certificate approved by the FAA in the future) for sUAS operations. The PIC will operate the sUAS within visual line of sight and use a visual observer at all times. All operations will be at a maximum of 400ft above ground level. The PIC will conduct pre-flight inspections with every flight; in addition a post-flight inspection will also be performed
. To ensure further safety, no PIC will be allowed to operate the sUAS unless that PIC has met cetiain flight-hour requirements, demonstrating that the PIC is able to safely operate the sUAS including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Utilization ofthe built-in features in the Phantom 3 such as flight telemetry and records will be logged. The structures proposed to be imaged and inspected by Agile are often inspected by workers via rope, ladder or crane, which is slow, costly, and dangerous. By inspecting these structures via sUAS, workers can remain on the ground, preventing injuries or deaths from accidental falls. Because sUASs require less time to perform these inspections, money can be saved by reducing the downtime ofthe asset during the inspection. Also, the site can be imaged and inspected more frequently, thus reducing the risk of catastrophic failure as a result of lengthy gaps between inspections. The FAA has recognized the safety benefits of operating sUAS in lieu of manned aircraft in previously granted exemptions under Section 333. The Phantom 3 also has numerous safety features such as 'Failsafe mode', which provides for automatic landing should the signal between PIC and the sUAS be interrupted, as well as GPS based altitude and distance locks, flight limit functions and low battery warnings. Agile's proposed commercial operations would not implicate any privacy issues
. The sUAS will be operated in compliance with property owners, as well as any local law enforcement requests or notifications, if applicable, and in accordance with the Federal Aviation Regulations from which exemption is not granted. 

### Summmy for FederalRegister Agile submits the following summary to be included in the Federal Register, should the FAA determine that publication ofa summary is required. Agile seeks an exemption from the requirements of 14 C.F.R. Part 21, Subpart Hand 14 C.F.R
. §§61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(l), 91.405(a), 91.407(a)(l), 91.409(a)(1) and (2), and 91.417(a) and (b) to operate a small unmanned aircraft system for the commercial purposes of conducting aerial video and still photography as well as visual inspections of industrial structures including cell phone towers, rooftops, constructions sites, fiber and/or oil and gas pipeline projects and other buildings and other structures in airspace regulated by the Federal Aviation Administration over various locations in the United States of America and its territorial waters.

C0 \5097 834
.3Agile Network Builders, LLC Petition for Exemption November 9, 2015 Page 6 Operations Limitedto the United States This petition is intended to cover only Agile's operation of sUAS within the United States and its territorial waters. Very truly yours, ICE MILLER LLP

Enclosure(s) : As stated.

C0\5097834.3Exhibit A Specifications ofPhantom 3 [See enclosed] Please note the specifications of the Phantom 3 can also be found online at http://wiki.dji.com/en/index.php/Phantom 3 Professional-Specifications. The Phantom 3 User Manual can be found online at http://www.dji.com/product/phantom-3/download.

C0\5097834
.3