ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210 Vancouver, WA 98683 April 27, 2015
**Manager, Flight Standards Service Unmanned**  **Aircraft Systems Integration Office** Federal Aviation Administration 800 Independence A venue, SW Washington, DC 20591
**U.S. Department**  **of Transportation Docket**  **Management System** 1200 New Jersey

Avenue, SE Washington, DC 20590
ArgenTech Solutions respectfully requests an exemption from several provisions of Title 14 of the Code of Federal Regulations (C.F.R.) to permit the use of small unmanned aerial systems (sUAS) to assist in the evaluation and inspec tion of Public Utilities , Infrastructure , Forest Fire monitoring, and Emergency Public Response

. This request is motivated primarily by the desire to maximize safety during high

-risk and hazardous operations , as well as assisting with public emergencies , and to mitigate any safety concerns associated with such operations

. While an exemption would not eliminate the current need for in

-person visual inspection and monitoring, it would allow ArgenTech Solutions to evaluate assets and infrastructure with sUAS, resulting in a safer and more efficient valuation of public utilities , infrastructure, wild fire monitoring and emergency public response. **Company Profile** ArgenTech Solutions (AgTS) is a Veteran

- Owned Small Business formed in March 2009 as a NH

-based S

-corporation. Our company ’s core competencies include providing Unmanned Aerial System (UAS) Field Service Representatives (FSRs) in support of Department of Defense (DoD), foreign governments, and civilian industry. AgTS is a professional aviation organization with significant experience in UAS operations, including: mission coordination/airspace deconfliction, UAS operations & maintenance, sensor applications, data compilation and analysis, and overall program safety
. AgTS has supported 182 deploy ments for DoD, with a combined total of 20,000 deployed operational days. As an aggregate, AgTS’ 50 highly trained Field Service Representative’s (FSR) have accumulated over 40,0 00 hours of experience as Pilot

-in

-Command (PIC) , with over 13,000 UAS launches and recoveries for Group II and higher UAS. Our average FSR experience level is >950 hours PIC, >650 launches and recoveries. NOTE S :

 All information pertaining to the proposed system can be found in Appendix A (OEM manual)

.ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210 Vancouver, WA 98683  ArgenTech Solutions hold s Unmanned Aircraft insurance with United States Aircraft Insurance Group (Policy

Number SIHL1

- 142Y).

 ArgenTech Solutions intends to use the 3D Robotics Aero

-M (The OEM Manual of which is attached as Appendix A) in its sUAS operations.

 ArgenTech intends to adopt ASTM F2500

-07 Standard Practice for Unmanned Aircraft System (UAS) Visual Range Flight Operations (Attached as Appendix B) and ASTM F2909

- 14 Standard Practice for Maintenan ce and Continued Airworthiness of small Unmanned Aircraft Systems (Attached as Appendix C)

. **Regulatory Provisions from which ArgenTech Solutions seeks an Exemption** ArgenTech Solutions believes it will need an exemption from the following provisions to conduct the contemplated operations. Insome instances, relief is needed because relief from another provision renders compliance with the regulation at hand n ot feasible. 14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.7(a) 14 C.F.R. §91.9(b)(2) 14 C.F.R. §91 .109(a) 14 C.F.R. §91.119 14 C.F.R. §91.151 14 C.F.R. §91.203(a) and (b) 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a) ArgenTech Solutions believes an exemption is only needed from the above

-listed regulatory

provisions. To the extent that the FAA believes that additional relief is required for ArgenTech Solutions to conduct the operations described here, we request an exemption from any such regulatory

provisions as well. **The Extent of Requested Relief and the Reasons Rel ief is Needed**  **14 C.F.R. §61.113(a) and (b) §61.113 Private pilot privil** **eges and limitations: Pilot in C ommand.**  (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire.ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210 Vancouver, WA 98683 ArgenTech Solutions ’ specially trained and certif ied employees will conduct the sUAS operations. While these individuals will have US FAA private pilot licenses, they will not hold commercial pilot licenses. The sUAS will not carry “property f or compensation or hire ” since they will be used solely to assist in evaluation and inspections of public utilities and infrastructure. Without an exemption, the pilot would be required to hold a commercial pilot certificate under §61.133. However, the risk associated with the contemplated operations is less than the risk posed by a traditional manned aircraft. The sUAS will fly at altitudes well below the permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within a geographical envelope under the sole control of ArgenTech Solution s
. Accordingly, the risk would be limited to ArgenTech personnel, who will be appropriately outfitted in safety gear. Requiring a commercial pilot certificate would provide no appreciable safety b enefit and would needlessly impose additional costs on ArgenTech and its customers

. Because the contemplated operations would not comply with §61.113(b)(1) and none of the other exceptions to paragraph (a) apply, relief is needed from both paragraphs (a) and (b). **14 C.F.R. 91.7(a) §91.7 Civil**  **aircraft airworthiness**

. (a) No person may

operate a civil aircraft unless it is in an airworth y condition. (b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in comm and shall discontinue the flight when un

-airworthy mechanical, electrical, or structural conditions occur. There is no c lear definition of “airworthy” as applied to the proposed sUAS , and the term has been defined in various ways depending on the applied circumstances. Inall instances, it appears that the concept includes a requirement that the airplane 1) conforms to the aircraft’s documented ty

pe design or its ty

pe certificate, as modified by supplemental ty

pe certificates and airworthiness directives, and 2) be in condition for safe operations. The sUAS will not have a ty pe design or ty

pe certificate, as the FAA has not developed standards applicable to sUAS. As discussed later in this document, the ty pes of operations contemplated by ArgenTech will not qualify the sUAS for an experimental airworthiness certificate. Accordingly, relief from §91.7(a) is requested. Should the FAA include airworthiness requirements as a condition of exercising the exemption, ArgenTech will assure the continued airworthiness of the sUAS. Regardless, ArgenTech believes that it can meet the requirements of §91.7(b) , and is not requesting an exemption from that provision. **14 C.F.R. 91.9(b)(2) §91.9 Civil aircraft flight manual, marking, and placard requirements.** 

... (b) No person may

operate a U.S.

-registered civil aircraft

--

...ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210 Vancouver, WA 98683 (2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter unless there is available in the aircraft a current, approved manual material, markings, and placards, or any combination thereof.

... The sUAS comes with access to online manuals that provide instructions for the safe operation and maintenance of the aircraft. Compliance with this regulatory provision is not possible because this information has not been, and cann ot be, approved by the FAA since there are no applicable standards established by the FAA against which to evaluate it. Additionally , the sUAS is too small to carry a printed manual. Since, by definition, there will never be a person aboard the sUAS, ArgenTech submits that there is no need to require the manual to be placed on the sUAS and an exemption is appropriate. Safety will be m aintained by

keeping the flight manual at the ground control point where the PIC will have im mediate access to it. Since the sUAS cannot be operated without the Ground Control Station containing the manuals, there is minimal risk that the manuals will become s eparated from the sUAS, and ArgenTech will be able to immediately locate the manuals to effectuate any needed repairs on the sUAS detailed in the flight manual. **14 C.F.R. 91.109 §91.109 Flight instruction;**  **simulated instrument flight and certain flight**  **tests.** (a) No person may

operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully f unctioning dual controls.... Small UASs, by

their design, do not have fully functional dual controls. Flight control is accomplished through the use of a Ground Control Station that communicates with the aircraft via radio communications (C2 Link)

. Aircraft being considered for use by ArgenTech allows the UAS Instructor to place the aircraft into ‘loiter’ mode (fixed altitude stationary hold). In the event of the student losing control, the UAS Instructor can quickly and via a lternate equipment (equipment not in the hands of the student) place the aircraft into a mode that then allows the instructor to bring the aircraft back into control and back to the pre -determined and/or safe landing location. **14 C.F.R. 91.119 §91.119 Mini** **mu m safe altitudes: General.**  Except when necessary

f or takeoff or landing, no person may operate an aircraft below the following altitudes:

... (c) Over other than congested areas. 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 closer than 500 feet to any person, vessel, vehicle, or structure.

...ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210 Vancouver, WA 98683 ArgenTech submits that the only relief it requires from §91.119 is from the minimum altitudes listed in paragraph (c). Relief is required from paragraph (c) for fixed wing operations because asset evaluation conducted at 500 feet or higher is insufficiently distinct to be meaningful. Since operations at this altitude also pose a heightened risk of collision with another aircraft, safety

can only be assured through the grant of an exemption. The anticipated aircraft operations should be adequately addressed by

paragraph (d) (1). Additionally, relief should not be needed from paragraph (a) because an emergency landing of the aircraft due to a power failure will not create an undue hazard to persons or property on the surface, as noted in the explanation of why

an exemption will not adversely affect safety

. ArgenTech will have exclusive use of the land over which the sUAS will be operated, and public access is restricted. Controlled access to public utility land, structures or emergency response areas assure that no individuals unassociated with the planned operations are within the affected area of operations

. ArgenTech personnel are required to wear mandatory safety equipment, including hard hats, safety glasses wh enever dispatched to a work site. As such, the risk of injury

is minimal. ArgenTech does not contemplate conducting operations over congested areas, so relief is not requested from paragraph (b). **14 C.F.R. 91.151 §91.151 Fuel requirements for flight in VFR conditions.**  (a) No person may

begin 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 of intended landing and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes. (b) No person may

begin a flight in a rotorcraft under VFR conditions unless (considering wind and fore cast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. Operating the sUAS in a pre

-defined area with less than 30 minutes of reserve fuel does not raise the ty

pe of risk contemplated by § 91.151, i.e., that an aircraft could run out of fuel in the event it has to be flown to an alternate airport or circle the planned airport in the event of unanticipated conditions. ArgenTech does not intend to use the sUAS for point

-to

-point flights and will not operate the sUAS beyond visual line of sight. Nor will the sUAS require an airport in order to land. Rather, ArgenTech will operate the sUAS using pre

-planned flight paths (taking into account weather conditions) designed to allow the sUAS to fly to the point of intended landing. As such, there is no need for a time

-based excess fuel requirement. Rather it should be sufficient to require only

as much additional excess flight capacit y as nec essary

to safely land the sUAS. We believe that a 20% energy reserve is more than sufficient to meet this objective. **14 C.F.R. 91.203(a) and (b) § 91.203 Civil Aircraft: Certifications required.**  (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following:ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210 Vancouver, WA 98683 (1) An appropriate and current airworthiness certificate.

... (2) An effective U.S. registration certificate issued to its owner or, for operations within the United States, the second copy of the Aircraft Registration Application as provided for in §47.31(c), or a registration certification issued under the laws of a foreign country

. (b) No person may

operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special fl ight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

... The sUAS that ArgenTech intends to operate will not qualify f or an airworthiness certificate unless the FAA chooses to issue them a restricted category certificate. This is because the sUAS do not meet the current conditions for either a standard airworthiness certificate or an experimental airworthiness certificate. Notably, under 14 C.F.R. §21.1 91, 8 experimental airworthiness certificates are only available for research and development, showing compliance with regulations, crew training, exhibitions, air racing, market surveys, operating amateur

-built aircraft, operating primary kit

-built aircraf

t and operating light

- sport aircraft. Until such time as the FAA develops airworthiness standards applicable to sUAS for non -recreational and nonexperimental use, ArgenTech submits that the FAA should consider exemptions to the requirements of §91.203(a). The absence of such exemptions hinders the development of sUAS and applicable uniform standards since it is only through the development of the aircraft that the FAA can reliably

evaluate them and determine appropriate design standards. Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the requirement for an airworthiness certificate based on a consideration of the size, weight, speed, operational capability

of the particular UAS, as well as its proximity to airports and popul ated areas. An analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate in the areas and under the conditions contemplated by ArgenTech will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the conditions proposed in this request. The sUAS is less than 55 lbs. fully

loaded, carries neither a pilot nor passenger, and operates exclusively within a secured area as set out in the UAS Operating Manual (Appendix B)

. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator and observer. Operations will be conducted in compliance with the FAA and with local public safety requirements to provide security for the area of operation. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials and inability to carry a substantial external load. If the FAA waives the requirements of paragraph (a) (1), then it is technically impossible to comply with paragraph (b), so an exemption is merited there as well. **14 C.F.R. 91.405(a), 91.407(a) (1) and 14 C.F.R. 91.409(a)** ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210 Vancouver, WA 98683 **§91.405 Maintenance required.** Each owner or operator of an aircraft

– (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragr aph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter;

... **§91.407 Operation**  **after maintenance,**  **preventive maintenance,**  **rebuilding, or**  **alteration.** (a) No person may

operate any

aircraft that has undergone maintenance, rebuilding, or alteration unless : (1) It has been approved for return to service by a person authorized under §43.7 of this chapter;

... **§91.409 Inspections.** (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by §43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

... ArgenTech believes that an exemption from these three maintenance requirements is appropriate because the FAA has not developed maintenance standards for UAS that would allow an operator to meet the part 91 maintenance requirements. Inparticular, there are no individuals authorized by the FAA to approve a sUAS for return to service under §91.407(a) or to conduct the initial airworthiness and annual return to service inspections r equired by §91.409(a). ArgenTech will maintain the aircraft as instructed in the owner’s manual and ASTM F2909 (Attached as Appendix C) , where applicable, and will not operate the aircraft until it has reasonably determined that any needed repairs have been made. However, because of the technical impossibility

of meeting the requirements of §§91.405(a), 407(a) and 409(a), we believe an exemption from these provisions is appropriate. Please do not hesitate to contact me at the phone number or via the e

-mail address provided above should you have any questions or concerns.
Respectfully,ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210 Vancouver, WA 98683 Marcel Piet President

-UAS Services 603

- 836

-0588 X122 | Cell: 207

-651

-3476 Email: mpiet@agts.usArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210 Vancouver, WA 98683 **Summary for Federal Register Publication s**  Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register should the FAA determine that publicatio n is needed.
Petitioner: ArgenTech Solutions Sections of 14 C.F.R. Affected: 14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.7(a) 14 C.F.R. §91.9(b) (2) 14 C.F.R. §91.109(a) 14 C.F.R. §91.119 14 C.F.R. §91.151 14 C.F.R. §91.203(a) and (b) 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a) Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. §§45.29, 61.113(a) & (b), 91.7(a), 91.9(b)(2), 91.119, 91.121(a), 91.151, 91.203(a) &(b), 91.405(a), 91.407(a) and 91.409(a) to conduct sUAS operations over privet and publicly owned or controlled land, solely

during daylight hours, to assist in the safe evaluation and analysis of public utility's and infrastructure and operations. In general, sUAS operat ions are intended to be conducted in areas remote from both congested areas and airports. The nature o f operations anticipated by

ArgenTech requires that the sUAS be flown at relatively low altitudes. ArgenTech expects that in most instances, the sUAS will be flown less than 75 feet from the highest structure along the path of the sUAS and in no instances will be flown higher than 400 feet above the ground. Accordingly, the risk of interference with other aircraft is minimal.