# A**~!) SUPlER~AP** 

November9, 2015

U.S. DepartmentofTransportation DocketOperations, M-30 1200NewJerseyAvenue, SE WestBuilding Ground Floor, Room Wl2-140 Washington, DC 20590 Re: Petition for Exemption ofSwitch,Ltd. 

### Dear SirorMadam, ( 

### · ..



### - ' :.··..., ......**~ .··i::~--.:** **-~:··;** (' ·•



### Enclosed for filing is the original ofSwitch's Petition for an Exemption Seeking Relief from the Requirements ofTitle 14 ofthe Code ofFederal Regulations Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(l), 91.409(a)(l) & 

### (a)(2), and 91.417(a) & 

### (b) Concerning Commercial Operation ofa DJI Inspire 1 Unmanned Aircraft Systems Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (Public Law 112-95), which was filed onlinetoday, November9, 2015. Should you have any questions regarding this filing, please feel free to contact me at (702) 522-5397.

Enclosure

7135 SOUTH DECATUR BLVD • LAS VEGAS, NEVADA 89118 • 702.444.4000 • supernap.com\ 

## )

...UNITED STATES OF AMERICA DEPARTMENT OFTRANSPORTATION FEDERALAVIATION

ADMINISTRATION WASHINGTON, DC

Regulatory Docket No.

______ _

IN THE MATIER OFTHE PETITION FOR EXEMPTION OF: Switch, Ltd. FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 

### 14OFTHE CODE OF FEDERAL REGULATIONS SECTIONS

### 61.113(a)& 

### (b),91.7(a),91.121,91.151(b),91.405(a),91.407(a)(1),91.409(a)(1)& 

### (a)(2), AND

### 91.417(a) & 

### (b) CONCERNING COMMERCIAL OPERATION OF DJIINSPIRE 

### 1 UNMANNED AIRCRAFT SYSTEMS PURSUANTTO SECTION 

### 333OF THE FAA MODERNIZATION AND REFORM ACT OF 

### 2012 (PUBLIC LAW 

### 112-95)

1 Submitted on**October~** 2015 Switch, Ltd. Rob Roy, Chairman and CEO 7135 South Decatur Blvd. Las Vegas, Nevada (702) 444-4000TABLE OF CONTENTS

GLOSSARY OF ABBREVIATIONS

....................................................................................................................3 SUMMARY

....................................................................................................................................................4 INTRODUCTION AND INTERESTS OF THE PETITIONER

................................................................................ 4 BACKGROUND

..............................................................................................................................................4 BASIS FOR PETITION

.....................................................................................................................................4 A. NameAnd Address OfThe Petitioner

.............................................................................................6 B. The Specific Sections of 14C.F.R. From Which Switch Seeks Exemption

.......................................6 C. The Extent Of Relief Switch Seeks And The Reason Switch Seeks The Relief

.................................9 

### D. The Reasons WhyGrantingSwitch RequestWould Be InThe Public Interest

.............................11 E. The Reasons WhyGrantingThe Exemption Would NotAdverselyAffect Safety

........................12 F. The Rules From Which Switch Seeks Exemption

...........................................................................22 G. AnyAdditional Information,Views, OrArgumentsAvailableTo Support Request

.....................22 CONCLUSION

............................................................................................................................................... 22 APPENDICES•..............................................................................................................................................23 APPENDIX- A: DJIInspire 1Technical Specifications

...........................................................................24 APPENDIX- B: DJIInspire 1 Manufacturer's User Manual

...................................................................25 APPENDIX- C: DJIInspire 1 Manufacturer's Maintenance Manual

.....................................................26 APPENDIX- D: DJIInspire 1 Manufacturer'sSafetyGuidelines 

### ····················:······································27

2**~:**AGL AOI ATC ATO AV

_) CFR COA FAA FAR GCS GPS LOL NAS NOT AM PIC Section 333 

# so SOP UA UAS VFR VLOS VMC VTOL GLOSSARY OF ABBREVIATIONS

Above Ground Level Area of Interest AirTraffic Control AirTraffic Organization Aerial Vehicle Code of Federal Regulations Certificate ofAuthorization Federal Aviation Administration Federal Aviation Regulation Ground Control Station Global Positioning System Loss of Link National Airspace System Noticeto Airman Pilot in Command FAA Modernization and Reform Act of2012 (FMRA) Section 333 Safety Observer Standard Operating Procedures Unmanned Aircraft Unmanned Aircraft System Visual Flight Rules Visual Line ofSite Visual Meteorological Conditions Vertical Takeoffand Landing

3( ,....,_

.......

## ,.

SUMMARY Switch, Ltd. ("Switch") seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Switch to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video surveillance and videography of its data center campuses and the immediately surrounding areas to give its campuses an additional layer of physical security both during construction and normal operations.
INTRODUCTION AND INTERESTS OF THE PETITIONER Switch designs, builds, and operates ultra-secure, ultra-resilient in which its clients store their mission critical data and computing systems. Switch's SUPERNAP facilities are the first and only carrier neutral colocation data centers to be certified Tier IV Gold in Operations by the Uptime Institute, and are also certified Tier IV Gold in the Design and Facility categories. As part of its commitment to essentially eliminating risk for its clients, Switch's facilities have 24/7 on-site fire safety and security staff, all ofwhom are employed by Switch. The objective ofSwitch's proposed aerial surveillance and video operations is to augment Switch's security presence by enhancing its ability to monitor its datacenters and perimeter areas. BACKGROUND
Unmanned Aircraft Systems: DJI Inspire 1 UAS
Switch seeks an exemption to operate DJI systems forcompensation or hire within the NAS. The DJI Inspire 1 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizes electronic tablet or smart phone systems (the Proposed UA is referred to herein as the "Proposed 118," and together with the other system components, the "Proposed UAS"). The Proposed UA has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The proposed UA is equipped with four main rotors, which are driven by Lithium Polymer battery powered electric motors. The Proposed UA will be registered in accordance with 49 U.S.C. 44103, 

### Registration of Aircraft, as well as 14 C.F.R Part 47, 

### AircraftRegistration, and marked in accordance with 14 C.F.R. Part 45, 

### Identification and Registration Marking. BASIS FOR PETITION Pursuant to the provisions ofthe Federal Aviation Regulations (14 C.F.R. § 11.61) and the FMRA, Section 333, 

### Special Rulesfor Certain UnmannedAircraft Systems, Switch hereby petitions the Administrator to commercially operate the Proposed UA in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). (1) In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Switch's proposed operation ofthe Proposed UA meets the conditions of FMRA Section 333 and will not require an airworthiness certificate in accordance with 414 C.F.R. Part 21, Subpart H. Accordingly, Switch requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) 

### & (a)(2), and 91.417(a) 

### & (b), as these sections set forth requirements for maintenance that onlyapplyto aircraftwith an airworthiness certificate. Switch submitsthatthe requested relief is proper because Switch will ensure an equivalent level of safety. Switch will use experienced personnel ortechnicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and applicable Instruction Manual(s)), and will document and maintain all maintenance records forthe Proposed UA. (2) Switch also requests relieffrom certain requirements ofSection 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight- hour and currency requirements, that the PIC is able to safely operate the Proposed UA in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. (3) Switch further seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the Proposed UA does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Switch submits that it will ensure that the Proposed UA is in an airworthy condition prior to every flight by confirming that the Proposed UA is in compliance with the operating documents (i.e., Monthly Maintenance Log and applicable Instruction Manual(s)), and thatthe aircraft are in asafe condition forflight. (4) Switch also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the Proposed UA will not have a typical barometric altimeter onboard. However, altitude information ofthe Proposed UA will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring ofthe flight path. This altitude information, combined with Switch's operation ofthe Proposed UA within visual line ofsight, at or below 500 feet AGL, will ensure a level ofsafety equivalentto Section 91.121. (5) Finally, Switch seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Switch submits that safety will not be affected by operation ofthe Proposed UA during daylight hours under VFR in VMC conditions with enough battery power to fly for a total duration of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, tofly forat least an additional4.5 minutes. In accordance with 14 C.F.R. § 11.81, Switch provides the following information in support ofits petition for exemption:

5A. Name andAddress ofthe Petitioner. The name and address ofthe petitionerand point ofcontact is: Switch, ltd. Adam Kramer, VP Strategy 

### 7135 South Decatur Boulevard lasVegas, Nevada 

### 89118 Phone: 

### (702) 267-6695 Email: adam@supernap.com With acopyto: Switch, ltd. Attn: legal Department 

### 7135 South Decatur Boulevard lasVegas, Nevada 

### 89118 Phone: 

### (702)444-4000 Email: switchlegal@supernap.com B. The Specific Sections of14C.F.R. fromWhich Switch Seeks Exemption. 1. Switch seeks an exemptionfromthe requirements ofsections 61.113(a) & (b). Section 

### 61.113, entitled Private pilot privileges and limitations: 

### Pilot in command, subsections (a) and (b) prescribe thefollowing, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC ofan aircraft. (b) A private pilot may, for compensation or hire, act as PIC ofan aircraft in connection with any business oremployment if- (1) The flight is only incidentaltothat business oremployment; and (2) The aircraft does not carry passengers or property for compensation or hire. 2. Switch seeks an exemptionfromthe requirements ofsection 91.7(a). Section 

### 91.7, entitled 

### Civilaircraftairworthiness, subsection (a), statesthefollowing: (a) No person mayoperate acivil aircraft unless it is in an airworthycondition. 3. Switch seeks an exemptionfromthe requirementsofsection 91.121. Section

### 91.121, entitled Altimetersettings, subsection (a), statesthe following, in part:

6

## ...

(a) Each person operating an aircraft shall maintain the cruising altitude orflight level of that aircraft, as the case may be, by reference to an altimeterthat is set, when operating- (1) Below 18,000feet MSL, to- (i) The current reported altimetersettingofastation alongthe route and within 100 nautical miles ofthe aircraft; 

### (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case ofan aircraft notequipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. 4. Switch seeks an exemption from the requirementsofsection 91.151(b). Section 91.151, entitled Fuelrequirementsforflightin VFR conditions, subsection (b), states thefollowing: (b) No person may begin o flight in o rotorcraft under VFR conditions unless (considering wind andforecast weather conditions) there is enough fuel ta fly to the first point of intended landing and, assuming normal cruising speed, toflyafterthatforatleast20 minutes. 5. Switch seeks an exemptionfromthe requirementsofsection 91.40S(a). Section 91.405, entitled Maintenance required, subsection (a), statesthe following: Each owneror operatorofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between requiredinspections, exceptasprovidedinparagraph (c) ofthis section, have discrepancies repairedasprescribedin part43 ofthis chapter[.] 6. Switch seeks an exemptionfromthe requirementsofsection91.407(a)(1). Section 91.407, entitled Operation aftermaintenance, preventive maintenance, rebuilding, oralteration, subsection (a)(1), states the following: 

### (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, oralteration unless- (1) It has been approvedforreturn to service bya person authorized under § 43. 7of this chapter[.] 7. Switch seeks an exemptionfromthe requirements ofsections91.409(a)(1) 

### &(2). Section 91.409, entitled Inspections, subsection (a), states the following: 7(a) 

### Except asprovidedin paragraph (c) ofthis section, noperson mayoperate an aircraft unless, within thepreceding 12calendarmonths, ithas had- (1) 

### An annualinspection in accordance withpart43 ofthis chapterandhas been approvedforreturn to service byaperson authorizedby § 

### 43.7of thischapter; or (2) 

### An inspection for the issuance of an airworthiness certificate in accordance with part21 ofthis chapter. 8. Switch seeks an exemptionfromthe requirements ofsections 91.417(a) 

### & (b). Section 91.417, entitled

### Maintenance records, subsections (a) and (b), statethefollowing: (a) Except for work performed in accordance with §§ 

### 91.411 and 91.413, each registered owner oroperator shall keep the following records for the periods specified in paragraph (b) ofthis section: (1) Records of the maintenance, preventive maintenance, and alteration and records ofthe 100-hour, annual, progressive, and other required orapproved inspections, as appropriate, foreach aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft.The records must include- (i) A description (or reference to data acceptable to the Administrator) ofthe work performed; and (ii) The date ofcompletion ofthe work performed; and (iii) The signature and certificate number ofthe person approving the aircraft for return to service. (2) Records containingthe following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. 

### (ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on aspecified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program underwhich the aircraft and its appliances are maintained.

8}•(v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD orsafety directive number and revision date. Ifthe AD or safety directive involves recurring action the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(l) of this section shall be retained until the work is repeated orsuperseded by otherwork or for 1year afterthework is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list ofdefects furnished to a registered owner oroperator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. C. The Extent ofReliefSwitch Seeks and the Reason Switch Seeks that Relief. 1. Switch seeks relieffromsections 61.113(a) & (b) relatingto pilotqualificationto theextentnecessarytoconductthe proposed UASoperations. Switch seeks relief from Section 61.113{a) and {b) entitled Private pilotprivileges and limitations: Pilot in command, to the extent necessary to allow a PIC holding a private pilot or higher level certificate and a current and valid airman medical certificate, and who has met certain flight-hour and currency requirements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested because the limitations set forth in section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC ofan aircraft in connection with any business or employment if: {1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or propertyforcompensation orhire. As set forth more fullythroughout this Petition, Switch will maintain an equivalent level ofsafety because no PIC will be allowed to operate the Proposed UAS unless that PIC has met certain flight-hour and currency requirements and demonstrated that the PIC is able to safely operate the Proposed UAS in a manner consistent with the operational specifications described in this application for exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, Switch submits that all operations of the Proposed UAS conducted by the PIC pursuant to the grant ofthis Petition: (1) will be incidental to Switch business; and {2) will notcarry passengers or propertyfor compensation orhire.

92. Switch Seeks Relieffrom Section 91.7(a)toallowSwitch todeterminethe UAS's airworthiness based on compliance withthe UAS operatingdocuments. Switch seeks relief from Section 91.7(a) to allow it to determine that the Proposed UAS is in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Switch UAS Operations Manual, Monthly Maintenance Log, and DJIInspire 1 Instruction Manual). Switch also seeks the requested relief because the Proposed UA does not require an airworthiness certificate in accordance with 14C.F.R. Part 21, Subpart H. Under the requested exemption, Switch will be able to ensure that the Proposed UA is in airworthy condition based upon its compliance with the operating documents prior to every flight, and further, determinethatthe aircraft is in condition forsafe flight, as stated in the conditions and limitations below. 3. Switch seeks relieffromsection 91.121toallowflightoperations utilizinga barometric pressure sensor, GPS, and radio communications telemetrydataforaltitude information. Switch seeks relief from Section 91.121, entitled Altimeter settings, to the extent required to allow flight operations ofthe Proposed UAS, which utilizes a barometric pressure sensor, GPS equipment, and a radio communicationstelemetrydata link to downlinkaltitude informationfrom the UA tothe PIC atthe ground control station. Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control in feet above ground level, Switch seeks the requested relief because the Proposed UA's altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure orfield altitude, before each flight. Considering the limited altitude ofthe proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the Proposed UA is equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that aground level pressure settingwill be established priorto each flight and provides the PIC with altitude information on the headsup display ofthe GCS. 4. Switch seeks relieffrom Section 91.151(b) toaccommodateflighttime limitations associated withthe UAS battery powersystems. Switch seeks relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered Proposed UA during daylight hours in visual meteorological conditions, underVFR, for atotal duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly afterthatfor at least 4.5 minutes. Switch seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration ofthe battery powered Proposed UA will severely constrain the practicality of Switch's proposed use in monitoring itsfacilities pursuant tothis Petition. The technical specifications of the Proposed UAS, the DJI Inspire 1 operating documents, and Switch's proposed operating limitations, demonstratethat Switch can safely operatethe battery powered Proposed UA during daylight hours in visual meteorological conditions (VMC), under VFR, and with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, tofly afterthatforat least4.5 minutes.



### 105. Switchseeks relieffromsections 91.40S(a), 91.407(a)(1), 91.409(a)(1) 

### &(a)(2), And 91.417(a) & (b) because the proposed UASdoes not requirean airworthiness certificate Switch seeks relieffrom sections 91.405{a), 91.407{a){1), 91.409{a){1) 

### & (a){2), and 91.417{a) 

### &(b) because those sections only apply to aircraft with an airworthiness certificate and the Proposed UA meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Notwithstanding this request for exemption, Switch will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the UAS operating documents {i.e., the SwitchAerial Operations Manual, Monthly Maintenance Log, and DJIInspire 1 Instruction Manual). Furthermore, Switch will document and maintain all maintenance records for the Proposed UAS.

D. The Reasons WhyGrantingSwitch's Request is inthe Public Interest. Granting the present Petition will further the public interest by allowing Switch to safely, efficiently, and economically perform aerial surveillance and videography of its data center campuses, thereby further enhancing the security of those data centers and the customer and end-user data housed within them. Notably, because Switch's proposed flight operations focus on monitoring of Switch's own property and the boundaries ofthat property, the proposed operations do not implicate any privacy issues. 1. The publicwill benefitfrom decreased congestion ofthe NAS. The Proposed UA are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to aerial surveillance and obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use ofthe Proposed UAS would reduce the amount of manned aircraft in the NAS, minimize noise and air pollution, and increasethe safetyoflife and property both inthe airand on the ground. Additionally, by reducing the number of manned aircraft operating in the NAS, the exemption will reduce congestion on and around airports associated with arriving and departing aircraft. The Proposed UA does not require an airport to takeoff or land. Likewise, reducing the number of manned aircraft conducting aerial surveillance and videography operations will ease the strain on air traffic control during the ground, takeoff, departure, arrival, and landing phases offlightoperations. 2. The publicwill benefitfromthesafety and efficiencyofthe Proposed UAS. Conducting aerial surveillance and videography with the Proposed UAS instead ofmanned aircraft will also benefit the public by drastically reducing the levels of air and noise pollution in comparison to those generated during traditional aerial surveillance and videography flight operations. The Proposed UAS uses batteries to power its electric motors and as a result does not produce any air pollution. It is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for such flight operations, which burn approximately 20-30 gallons per hourof leaded aviation fuel. While reducing the carbon footprintofaerial acquisitions, the battery powered electric motors Proposed UA also virtuallyeliminate noise pollution. Using the Proposed UAS to perform flight operations, will also substantially reduce orcompletely eliminate the riskto life and property in the airand on the ground associated with traditional manned aircraft flight operations. Aside from absence offlight crew members onboard the aircraft, the Proposed UA (weighing approximately 6 pounds 7.5 ounces, at maximum gross weights with length of 17.3 inches, width of 17.7 inches, and with no fuel on board), presents far less potential for collateral damage to life and property on 11

# ..the ground, and in the air, compared to the type of manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and afuel capacity of 180gallons). 3. Performingaerial surveillance and videographyoperationswiththe Proposed UAS will benefitthe. economy. In addition to being safe and efficient, the Proposed UAS is an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the Proposed UAS will allow United States based companies, like Switch, to remain competitive and contributeto growth ofthe U.S., state, and local economies. Specifically, withthe rising cost ofaviation fuel and the Environmental Protection Agency ("EPA") regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in orderto remain competitive. The battery powered Proposed UA is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but providesthatflexibilitywithoutthe high operatingcosts ofatraditional manned aircraft. Technology like the Proposed UAS, allows companies like Switch to further leverage their competitive advantages and remain profitable leading to greater job stability for employees and contractors, and ultimately to the growth of the U.S. and local economies. Improved financial performance of U.S. companies, through commercial use of technology like the Proposed UAS also contributes to a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies like Switch to invest in research and development in order to protect and expand on their competitive advantages both in the United States and abroad. 4. The proposed operationsdo notpresentany privacy issues. Switch's operation of the Proposed UAS will not implicate any privacy issues. Specifically, the Proposed UAS will be operated only in compliance with operating documents (i.e., the Switch Aerial Operations Manual, Monthly Maintenance Log, and OJI Inspire 1 Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. Moreover, Switch's proposed operationswill take primarilyon Switch's own propertyand the immediatelysurrounding areas.

E. The Reasons WhyGrantingthe ExemptionWould NotAdverselyAffect Safety, orHowthe ExemptionWould Providea Level·ofSafetyatLeast Equal tothat Provided bythe Rule from which Switch Seeks Exemption. 1. The Proposed UAS meetstheconditions ofthe FAA Modernizationand Reform Actof 2012 (FMRA) Section 333. In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Switch's operation ofthe Proposed UAS meets the conditions of FMRA Section 333, and will not require an airworthinesscertificate in accordance with 14C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose athreatto national security. Specifically, FMRASection 333 states thefollowing, in part: (a) 

### In Generai.--Notwithstanding anyotherrequirementofthis subtitle, and not later than 180 days after the date ofenactment ofthis Act, the 12

### Secretary af Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion aftheplan and rulemaking required by section 332 afthisActartheguidance requiredbysection334 ofthisAct. (b) 

### Assessment afUnmanned Aircraft Systems.--ln making the determination under subsection (a), theSecretaryshalldetermine, ataminimum- (1} 

### which types ofunmanned aircraftsystems, ifany, as a result aftheir size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line ofsight da not create ahazardta users afthe nationalairspace system orthepublic orposea threattonationalsecurity; and (2} 

### whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 oftitle 49, United States Code, is requiredfor the operation of unmanned aircraft systems identifiedunderparagraph {1}. (c) 

### Requirementsfor Safe Operation.--lfthe Secretary determines under this section that certain unmanned aircraft systems may operate safely in the nationalairspacesystem, theSecretaryshallestablish requirementsfor the safeoperation of such aircraft systems in thenationalairspacesystem. In seeking this exemption, Switch submits thatthe Proposed UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the Proposed UAS; (b) the pilot certification requirement; and (c) the specific operating limitations identified in this Petition and bythe FAA in grantingthe Petition.

a. The specifications ofthe Proposed UAS demonstrateitssafe characteristics. The Proposed UAS does not create a hazard to users ofthe NAS or the public, or otherwise pose a threat to national securityconsidering itssize, weight, speed, and operational capability. i. Technical specifications ofthe Proposed UAS. The technical specifications ofthe Proposed UAS are set forth by the DJI Inspire 1Technical Specifications, attached hereto as AppendixA. 

### ii. The Proposed UAS's autonomousflightand navigation modes enablethe UAS to remain withinadefinedoperational area. The Proposed UAS may be operated in both manual and fully autonomous flight modes. A complete description ofthe flight and navigational modes ofthe Proposed UAS is provided at pages 45-50 ofthe DJI Inspire 1 User Manuals, attached hereto as Appendix B. iii. The Proposed UA is designedforautomatic returntothe home point inthe eventofa loss ofthecontrol linkornavigation.



### 13When the Control Link is lost, the Proposed UA will remain stationary, in flight, for 3 seconds or more. If, after

### 3seconds, the Proposed UA does not reacquire control link data from the GCS, itwill assume thatthe Control Link is lost and return to the home position (i.e., failsafe mode) via GPS, descend to the takeoff position, and shut down. A complete description ofthe DJI Inspire 

### 1's Failsafe Functions are set forth at pages 

### 13 through 15 in the attached DJI Inspire 1 User Manual. 

### iv. The Proposed UAS's GCS 

### and itsoperation. A complete description of the operation and specifications of the Proposed UAS's GCS and flight control software is provided at pages 40through47 ofthe attached DJI Inspire 

### 1 User Manual. 

### b. Flightoperationswiththe Proposed UAS will be limitedtothose within line of sight ofacertificated pilotin command withasafetyobserver. Switch will only utilize certificated operatorsto act as a pilot in command {PIC) ofthe Proposed UAS, and will utilize asafety observerto assist pilots duringall flightoperations.



### c. Flights ofthe Proposed UAwill 

### be conducted pursuanttospecific operating limitations. In seeking this exemption, Switch proposes to commercially operate the Proposed UAS for the special purpose ofconducting aerial surveillance and videography over certain areas of United States, primarily its own property, pursuant tothefollowingspecific operating limitations: ·1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, which is a rotorcraft UAS weighing less than 55 pounds maximum gross weight: DJI Inspire 1 Unmanned Aircraft Systems. Proposed operations ofany other aircraft will require a new petition or a petition to amend thisgrant. 2. UAS operations underthis exemption will be limited to conducting operations forthe purpose ofaerial surveillance and videography ofSwitch's private propertyand, tothe extent Switch has permission ofthe property owner to conduct such operations, of other private property. 3. The UA may not be flown at an indicated airspeed exceeding 20 knots. 4. The UA must be operated at an altitudeofno morethan 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be infeet AGL. 5. The UA must be operated withinvisual line ofsight {VLOS) ofthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified onthe PIC's FAA-issued airman medical certificate. 6. The use offirst person view bythe PIC orsafety observer is not permitted.

14

### 7. All operations must utilize asafety observer. The SO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation forthe duration ofthe flight. The PIC must ensure thatthe

## so can perform the functions prescribed in the operating documents. 8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted tooperate the camera orother instruments. 9. The operating documents and the grant ofexemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator's responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions forextension oramendment to the grant ofexemption. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant ofexemption. The FAA's UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. Ifthe inspection reveals a condition that affects the safe operation ofthe UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition forsafe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo afunctional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records. 12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, orequipment, not already covered in the relevant sections ofthe operating documents. 13. The operator must follow the UAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must 

### 15

### be noted in the aircraft records, including total time in service, description ofwork accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate and at least a current thirdclass airman medical certificate. The PIC must also meet 18. The operator may not permit any PIC to operate the UAS unless the PIC meets the operator's qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UASwill be operated underthe exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 

### 61.51(b). Flights for the purposes of training the operator's PICs are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 

### 91.119. 19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. 

### All operations must be conducted undervisual meteorological conditions. Jfflight at night is required, aspecial request will be made at the FAA office closest to proposed area ofoperations. Flights underspecial visual flight rules are not authorized. 20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on acurrent FAA-published aeronautical chart unless a letterof agreement with that airport's management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator's COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontallyfrom acloud orwhenvisibility is less than 3statute milesfrom the PIC. 22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operatingdocuments. 23. The PIC must abort the flight in the event ofunpredicted obstacles or emergencies in accordance withthe operating documents.

16•,24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UAwith 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization issued Certificate of Waiver or Authorization priorto conducting any operations under the grant ofexemption. This COA will also require the operatorto request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the COA including class ofairspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. part45, Subpart C. Markings must be as large as practicable. 27. Before conducting operations, the radio frequency spectrum used for operation and control ofthe UA must comply with the requirements ofthe Federal Communications Commission and otherapplicable government agencies. 28. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 29. The UA must remain clear and yield the right of way to all manned aviation operations and activities atall times. 30. The UAS may not be operated bythe PIC from any moving device orvehicle. 31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures except in the following circumstances:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feetofthe UA, flight operations must cease immediately; b. The aircraft is operated near vessels, vehicles or structures where the owner/controllerofsuch vessels, vehicles orstructures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined thatitdoes not present an undue hazard;

c. Operations nearerto the PIC, SO, operatortrainees oressential persons do not present an undue hazard tothose persons per§ 91.119(a).

1732. All operations shall be conducted over private or controlled-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flightto be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported tothe National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.**~.** Reasons why an exemption from the requirements of section 61.113(a) 

### & (b) would not adverselyaffectsafety. Switch submits that the equivalent level of safety established by sections 61.113(a) 

### & (b) will be maintained because no PIC will be allowed tooperatethe Proposed UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the Proposed UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distancesfrom people, vessels, vehicles and structures. Considering Switch's proposed area of operations, and the operating limitations set forth above, the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the Proposed UAS, Switch submits that the additional manned airmanship experience of a commercially certificated pilot does not correlate to the airmanship skills necessary for Switch's specific proposed flight operations. The FAA has previously granted relief from sections 61.113(a) 

### & (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161, 11812). Switch will not allow any PIC to operate the Proposed UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements orthe Proposed UAS training and currency requirements, that the PIC is able to safely operate the Proposed UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. More specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours oftotaltime as a UAS rotorcraft pilot (with aminimum of5 hours ofthose hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition tothe hour requirements, the PIC must have accomplished 3takeoffs and landings in the preceding 90 days (forcurrency purposes). As in Exemption Nos. 11062, 11138, and 11153, priordocumented flight experience obtained in compliance with applicable regulations will ensure an equivalent level of safety during Switch's proposed operations. The Administrator has held that prior documented flight experience obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose ofmotion picturefilming (orsimilaroperations}, the PICmusthave accumulated 

### 18andlogged, in a mannerconsistent with 14 CFR 61.51{b}, 25 hours of totaltime as a UAS rotorcraftpilotincluding atleast 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations underExemption No. 11062, the PICmust also have accumulatedand loggeda minimum of5 hours as a UASpilotoperating the same make ondmodelofUAS to be usedfor operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time maybe includedin the 10 hours ofmulti-rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC mustaccomplish 3 takeoffs ondlandings in the preceding 90 days (forcurrencypurposes}. The FAA finds thatata minimum, theflight-hourrequirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safelyconduct the petitioner'sproposedoperations. The FAA alsofinds that prior documented flight experience that was obtained in compliance with applicable regulations wouldsatisfy this requirement. Training, proficiency, andexperience-building flights can also be conducted under the grant ofexemption to accomplish the required flighttime. During training, proficiency, andexperience-buildingflights the PICis required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138at page 15. In sum, Switch's proposed UAS flight operations will ensure a level of safety equivalent to sections 61.113(a) 

### &(b) by not allowing any PIC tooperate the Proposed UAS unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the Proposed UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintainingappropriate distancesfrom people, vessels, vehicles and structures. 

### 3. Reasons whyan exemptionfromthe requirements ofsection 91.7{a) will not adversely affectsafety. Switch's proposed flight operations will maintain the equivalent level of safety established by Section 91.7(a) because priorto everyflight Switch will ensure thatthe Proposed UAS is in an airworthy condition based upon the UAS's compliance with its operating documents and as stated in the conditions and limitations herein. The FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11812). 

### 4. Reasons why an exemption from the requirements of section 91.121 would not adversely affectsafety. Switch's proposed flight operations will maintain a level ofsafety equivalent to that established by Section 91.121 because the altitude information from the Proposed UA will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Switch's operation ofthe Proposed UA within visual line ofsight, at or below 500 feet AGL, will ensure a level of safety equivalentto Section 91.121. The altitude information will be generated by GPS equipment installed



### 19onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS atground leveL The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11812). 5. Reasons why an exemption from the requirements of section 91.151(b) would not adverselyaffectsafety.
An equivalent level ofsafety to that established by 14 C.F.R. Section 91.151 (b) would exist under agrant ofthis exemption due to (1) the technical specifications ofthe Proposed UAS; {2) the limitations on the proposed flight operations; and {3) the location ofthe proposed flight operations. Accordingly, Switch will ensure that it will safely operate the battery powered Proposed UA during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, toflyafterthatforat least4.5 minutes. As in Exemption Nos. 11109 and 11812, the technical specifications ofthe Proposed UAS; the limitations on the proposed flight operations; and the location ofthe proposed operations, will ensure an equivalent level ofsafety established by 14 C.F.R. Section 91.151(b). Safety will also be ensured as the Proposed UAS provide audible and visual warnings to the PIC at the GCS when the UA experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, the Proposed UAS will descend and land automatically. Previous exemptions granted by the FAA concerning Section 91.151 demonstrate that safety is not adversely affected when the technical characteristics and operating limitations of the Proposed UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented in this Petition (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11812). 6. Reasons why an exemption from the requirements of sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) would notadversely affectsafety. Switch submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) 

### & (b) will also be met because Switch will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the Monthly Maintenance Log and the OJI Inspire 1 Instruction Manual). Furthermore, Switch will document and maintain all maintenance records for the Proposed UAS. A copy ofthe OJI Inspire 1 User Manuals is attached hereto as Appendix B; a copy ofthe Proposed UAS Maintenance Manual and Maintenance Log is attached hereto as Appendix C and E, respectively.



### 20Switch will also ensure that it maintains a level ofsafety equivalent to that established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the Proposed UAS will be performed by trained technicians. Such maintenance will be documented using the monthlymaintenance log. The FAA has previously granted exemptions concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) 

### & (b), which shows that safety is not adversely affected when the technical characteristics and operating limitations ofthe UAS are considered. In consideration ofSwitch's proposed operating limitations, the operating documents, and the technical aspects of the Proposed UAS, Switch submits that safety will not be adversely affected by grantingexemption from 14C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). Consequently, the FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150,11153,11156,11157,11158,11159,11160,11161,11812). 

### 7. The FAA mayprescribe anyotherconditionstoensure safe operation. In accordance with Section 333 of the FMRA and 14 C.F.R. § 21.16 entitled Special Conditions, Switch requests that the FAA prescribe special conditions forthe intended operation ofthe Proposed UAS, which contain such safety standards as the Administratorfinds necessary to establish a level ofsafety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

### & (a)(2), and 91.417(a) 

### & {b). Such special conditions will permit safe operation ofthe UAs forthe limited purpose ofconducting aerialvideo and photographyover certain areas ofthe United States in association with Switch's business. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security, as well as the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation ofthe UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuantto 14 C.F.R. § 21.16, for operation ofthe Proposed UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do notcontain adequate orappropriatesafety standards, duetothe novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: 

### If the FAA finds that the airworthiness regulations ofthis subchapter do not contain adequate or appropriate safety standardsfor an aircraft, aircraft engine, or propeller because ofa navel ar unusual designfeature afthe aircraft, aircraft engine or propeller, he prescribes special conditions and amendments theretofor the product. The special conditions are issued in accordance with Part 11 ofthis chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establisha levelof safetyequivalenttothatestablishedin the regulations. See 14C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Switch's intended operation ofthe Proposed UAS, which contain such safety standards thatthe Administrator finds necessaryto establish a level of safety equivalenttothat established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) 

### & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407{a)(1), 91.409(a)(1) 

### &(a)(2), and 91.417(a) 

### &(b).



### 21

### '·F. A Summary that can be Published in the Federal Register, stating the Rules from which Switch seeks exemption: Switch seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409{a)(1) & (a)(2), and91.417(a)& (b). A briefdescriptionofthe natureoftheexemption Switch seeks: This exemption will permit Switch to commercially operate an UnmannedAircraft System (UAS) for the purpose of conducting aerial surveillance and videography over privately-owned property on which it operates data centers.

G. AnyAdditional Information,Views, orArgumentsAvailable toSupport Switch's Request. This Petition is made pursuant to FMRA Section 333, which directs the Secretary of Transportation to determine ifcertain UAS may operate safely in the NAS. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise poses a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Switch will operate the Proposed UAS safely in the NAS, without creating a hazard to users ofthe NAS, or the public, or otherwise pose a threat to national security. As such, Switch's request forexemption should be granted pursuant to FMRA Section 333 and 14 C.F.R. Part 11. CONCLUSION
As set forth herein, Switch seeks an exemption pursuantto 14C.F.R. § 11.61 and Section 333 ofthe FMRA, which will permit safe operation ofthe Proposed UAS commercially, without an airworthiness certificate, for the limited purpose ofconducting aerial surveillance and videography over certain areas ofthe United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate ofthe FMRA, while also advancing the interests ofthe public. WHEREFORE, in accordance withthe Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Switch respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) 

### & (a)(2), and 91.417(a) 

### & (b), and permit Switch to operate the Proposed UAS commercially for the purpose of conducting aerial surveillance and videography over certain areas ofthe United States in connection with Switch's data center business. Dated: October 

### .:30 2015
Respectfullysubmitted, 

# t:iov _,

Chairman and CEO Switch, Ltd.

### APPENDICES

APPENDIX- A: DJIInspire 1Technical Specifications APPENDIX- B: DJIInspire 1 Manufacturer's User Manual APPENDIX- C: DJIInspire 1 Manufacturer's Maintenance Manual APPENDIX- D: DJIInspire 1 Manufacturer's Safety Guidelines

23.APPENDIX-A: DJIInspire 1Technical Specifications

24APPENDIX- A: OJIInspire 1Technical Specifications Envision will only utilizes safe and reliable UAS. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breakingsoftware enablingthe usertoset parameters which will not allow flight into controlled airspace. Parameters can also be set to limitflight to no higherthan a predetermined and set altitude as well as limitflight to a predetermined and setdistance. In addition, DJI software provides real-time altitudeand location informationtothe P!C via the linked monitor (smart phone/tablet devices) DJ/ Inspire 1-Aircraft Model Weight (Battery Included) HoveringAccuracy (GPS Mode) MaxAngularVelocity MaxTiltAngle MaxAscent Speed Max Descent Speed MaxSpeed Max FlightAltitude MaxWind Resistance Max FlightTime Motor Model Propeller Model OperatingTemperature Range Dimensions DJI Inspire 1-Gimbal Model Output Power (with camera) Operating Current AngularVibration Range Mounting Controllable Range Mechanical Range MaxControllable Speed · DJI Inspire 1-Camera Name Model Total Pixels Effective Pixels Image Max Size ISO Range Field ofView CMOS HD Video Recording TGOO Glbs 7.5291oz (2935g) Vertical: O.Sm; Horizontal: 2.Sm Pitch: 300°/s; Yaw: 150°/s 35° Sm/s 4m/s 22m/s (ATil mode, nowind- NOT RECOMMENDED) 4500m 10m/s Approximately 18 minutes DJI3510 DJI1345 14°F to 104°F (-10°Cto40°C) 17 W' X 17 %" X 12"

ZENMUSE X3 Static: 9W; In Motion: llW Static: 750mA; In Motion: 900mA ±0.03° Detachable Pitch: -90° to+30°; Pan: ±320° Pitch: -125° to45°; Pan: ±330° Pitch: 120°/s; Pan: 180°/s

X3 FC350 12.76M 12.4M 4000x3000 100-3200 94° Sony EXMOR 1/2.3" UHD(4K): 4096x2160p24/25, 3840x2160p24/25/30 FHD:1920x1080p24/25/30/48/50/60 HD: 1280x720p24/25/30/48/S0/60OperatingTemperature Range OJI Inspire 1 -Transmitter Name Operating Frequency Communicating Distance (unobstructed) Output Power OperatingTemperature Range Battery 

### Cl 5.728-5.850GHz; 2.400-2.483GHz 2000m 9W 14°Fto 104°F (-10°C to40°C) 600mAh liPo 25APPENDIX- 8: OJI Inspire 1 Manufacturer's User Manual



# '

25