27 Boston Street Somerville, MA 02143

617

- 721

- 5437

January	4,	2016

U.S.	Department	of	Transportation Docket	Operations

1200	New	Jersey	Ave.,	SE Washington,	DC	20590

RE:	Petition	for	Exemption	and	Relief	from	Specific	Regulations	of	Title	14	of

t he	Code	of	Federal	Regulations	Pursuant	to	Section	333	of	the	FAA Modernization	and	Reform	Act	of	1012	(Public	Law	112

- 95)	Regarding Commercial	Employment	of	Unmanned	Aircraft	Systems	(UAS)

Dear	Sir/Madam,

Pursuant	to	Section	333	of	Public	Law 112

- 95	commonly	known	as	the	“FAA Modernization	and	Reform	Act	of	2012”	or	“The	Reform	Act”, Alex	Loer hereby	applies for	authorization	to	conduct	commercial	unmanned	aerial	systems	(UAS)	operations within	the	United	States	National	Airspace	System	(NAS)	f or	the	purpose	of	Research,

Education ,	Video and	UAS	platform	development.

Federal	Register	Summary

Pursuant	to	14	CFR	§11.81,	the	following	summary	is	provided	for	publication	in	the Federal	Register,	should	it	be	determined	that	publication	i s	needed:

Alex	Loer seeks	exemption	from	14	CFR	Part	21,	Subpart	H;	14	CFR	Part	27;	14	CFR	45.23(b);	14 CFR	61.113(a)(b);	14	CFR	91.7(a);	14	CFR	91.9(b)(2)(c);	14	CFR	91.103;	14	CFR	91.109(a);	14	CFR 91.119;	14	CFR	91.121;	14	CFR	91.151(a);	14	CFR	91 .203(a)(b);	14	CFR	91.405(a);	14	CFR 91.407(a)(1);	CFR	91.409(a)(1)	and	(a)(2);	14	CFR	91.417(a)(b)	to	allow	commercial	employment of	Unmanned	Aerial	Systems	(UAS)	in support	of	research and	UAS	platform	development	in	the areas	of	oceanography, surveying, photography ,	and	environmental	science.	This	exemption	will enhance	safety	by	reducing	risk	to	the	general	public	and	property	owners	from	the	substantial hazards	associated	with	performing	equivalent	work	with	conventional	rotorcraft.

1The	name	and	address	of	the	applicant	is:

Alex	Loer Ocean	Works	Group

27	Boston	Street Somerville,	MA	02143

617

- 721

- 5437 alex@owgi.com

Signed:

R. Alex	Loer Ocean	Works	GroupGLO SSARY	OF	ABBREVIATIONS

AGL Above	Ground	Level

AOI Area	of	Interest

ATC Air	Traffic	Control

ATO Air	Traffic	Organization

AV Aerial	Vehicle

CFR Code	of	Federal	Regulations

COA Certificate	of	Authorization

FAA Federal	Aviation	Adminis tration

FAR Federal	Aviation	Regulation

GCS Ground	Control	Station

LOL Loss	of	Link

NAS National	Airspace	System

NOTAM Notice	to	Airmen

PIC Pilot	in	Command

Section	333 FAA	Modernization	and	Reform	Act	of	2012,	Section	333

SOP Standard	Op erating	Procedures

UA Unmanned	Aircraft

UAS Unmanned	Aircraft	System

VFR Visual	Flight	Rules

VLOS Visual	Line	of	Sight

VMC Visual	Meteorological	Conditions

VO Visual	ObserverINTRODUCTION	AND	INTEREST	OF	THE	PETITIONER

The	use	of	small unmanned	aerial	systems	(sUAS)	in	terrestrial	commercial	and	science applications	is	now	widespread	and	transforming	agricultural	assessments, environmental	compliance	regimes	and	spatial	ecological	science.	These	devices	are used	regularly	to	reduce	cost s,	increase	safety	and	boost	knowledge	of	key	agricultural parameters,	to	assess	progress	and	environmental	compliance	in	mining	operations	and occasionally	to	study	the	terrestrial	habitats	and	aggregations	of	wildlife	[3].	The	use	of

sUAS	in	ocean	scienc e	applications	is	also	growing,	and	the	availability	of	safe	and sophisticated	commercial	hardware	and	software	solutions	is	now	f acilitating	their	use by resear chers.	The	use	of	sUAS	by researchers	can	provide	significant	benefits	including reduced	costs, greater	survey	efficiency,	reduced	wildlife	disturbance,	reduced	risk	to human	pilots	and	observers	and	higher	data	quality	and	quantity,	yet	there	are	few programs	exploring	these	opportunities. Ocean	Works	Group is	developing	a	UAS applications to	1)	he lp	meet	the	growing	needs	of	marine	scientists	seeking	to	use	sUAS in	ocean	and	coastal	applications	and;	2)	to	support	sUAS

- based	research	in	coastal	and marine	environments	nationally	and	internationally.	To	achieve	these	goals,	our research	program	must engage	in	domest ic	sUAS	operations	for	research and	training purposes.	Due	to	the	nature	of	our	work,	these	flights	will	occur	predominantly	in remote	coastal	areas,	away	from	human	activities	and	often	exclusively	over	water.	UAS are	developing	as	a	legi timate	and	robust	means	of	conducting	research	that	heretofore have	been	possible	only	from	manned	aircraft.	Such	traditional	survey	techniques	are expensive,	incur	substantial	risk	to	personnel	and	produce	lower	quality	data.	Our	work

addres ses	these	issu es	through science	UAS	applications	to	the	benefit	of	society	at large.

OVERVIEW	CHARACTERISTICS	OF	PROPOSED	UAS

Aircraft	Type DJI	Phantom	2 Aircraft	Weight .99kg/2.1lbs

Dimensions 26	Inches wide Max	Flight	Time 20	Minutes Max	Air	Speed 30	m ph Propulsion Brushless	DC	Motor

Power 5200ah	LiPo Payload Digital	Compact/IR/Thermal	CamerasQUALIFICATION	FOR	APPROVAL	UNDER	SECTION	333	OF	THE	REFORM	ACT

The	proposed	operations	in	this	petition	for	exemption	qualify	for	expedited	ap proval under	Section	333	of	the	Reform	Act.	Each	of	the	statutory	criteria	and	other	potentially

relevant	factors	are	satisfied.

The	proposed	operations	would	permit	the	use	of	small	and	relatively	inexpensive	UAS under	controlled	conditions	in	airsp ace	that	is:	(1)	limited;	(2)	predetermined;	(3)	away from	populated	areas;	(4)	would	provide	an	increased	level	of	safety	beyond	that existing	when	fixed	or	rotor	wing	aircraft	are	used	to	accomplish	the	same	purpose.

The	UAS's	planned	to	be	operate d	are	rotorcraft,	each	weighing	typically	less	than	15 lbs.,	and	always	less	than	55	lbs.,	including	payload.	They	would	operate,	under	normal conditions,	at	a	speed	of	no	m ore	than	4 0	knots.	The	principal	construction	material	of the	UAS	aircraft	would	ty pically	be	foam,	carbon	fiber, aluminum and/or	plastic. Operations	will	be	performed	by	a	qualified	UAS	Pilot	in	Command	(PIC),	as	outlined below,	to	insure	that	the	UAS	will	"not	create	a	hazard	to	users	of	the	national	airspace system	or	the	public."	Giv en	the	small	size	of	the	UAS	involved	and	the	pre

- planned environment	within	which	they	will	operate,	the	applicant	believes	that	these operations	fall	squarely	within	that	zone	of	safety	(an	equivalent	level	of	safety)	in	which Congress	envisioned	that	th e	FAA	must,	by	exemption,	allow	commercial	operations	of UAS	to	commence	immediately.	Also,	due	to	the	size	of	the	UAS	and	the	pre

- defined, restricted	area	in	which	the	UAS	will	operate	approval	of	the	application	presents	no national	security	issue.	The	o peration	of	UAS	by	knowledgeable	professionals	will	serve to	enhance	safety,	add	to	the	public	benefit,	and	reduce	environmental	impacts	related to	current	methods	of	manned	aircraft	flight	operations.	These	limitations	and conditions	to	which	the	operator ,	or	its	employees,	acting	as	UAS	PIC	agrees	to	be bound	when	conducting	commercial	operations	under	a	FAA	issued	exemption:

1) Operations	authorized	by	this	grant	of	exemption	are	limited	to	the	following

aircraft: DJI	Phantom	2

.

2) UA	(aircraft	and	p ayload)	will	weigh	less	than	55lbs.

3) UA	will	be	operated	at	altitudes	not	greater	than	400	feet	AGL.	Altitudes reported	to	ATC	will	be	in	feet	AGL.

4) UA	will	be	flown	at	g round	speeds	not	greater	than	40 knots.

5 ) The	UAS	PIC	will	hold	either	an	airl ine	transport,	commercial,	private, recreational	or	sport	pilot	certificate.	The	PIC	must	also	hold	a	current	FAA airman	medical	certificate	or	a	valid	U.S	driver’s	license	issued	by	a	state,	theDistrict	of	Columbia,	Puerto	Rico,	a	territory,	a	posses sion,	or	the	Federal government.	The	PIC	must	also	meet	the	recent	flight	experience	requirement stated	in	14	CFR	§	61.57	and	flight	review	requirements	stated	in	14	CFR	§	61.56.

6) In	addition	to	holding	an	FAA	issued	airman	certificate,	UAS	PIC	must complete an	Ocean	Works	Group UAS	Training	Program.	This	training	will	include

detailed	review	of	manufactu rer	operating	manuals	and	practical	demonstration of	ability	to	safely	operate	UAS	in	a	manner	consistent	with	how	the	UAS	will	be operated	under	this	exemption	(to	include	evasive	and	emergency	maneuvers and	maintaining	appropriate	distances	from	persons, vehicles,	vessels	and structures).	PIC	qualification	will	have	a	currency	requirement	of	at	least	three

take

- offs	and	landings	within	the	preceding	90	days.	PIC	qualification	flight	hours will	be	logged	in	a	manner	consistent	with	14	CFR	§	61.51.

7) UA	w ill	not	be	operated	within	5	nautical	miles	(NM)	of	an	airport	having	an operational	control	tower,	or	3	NM	of	an	airport	with	a	published	instrument flight	procedure	but	not	an	operational	control	tower,	or	2	NM	of	an	airport without	a	published	instrumen t	flight	procedure	or	operational	control	tower,	or 2	NM	of	a	heliport	with	a	published	instrument	flight	procedure.	Flights	will	be operated	in	Class	G	airspace	whenever	possible.	If	operation	in	other	airspace	is required,	the	relevant	controlling	agency will	be	notified	at	least	24	hours	prior to	the	operation	and,	if	required,	any	necessary	permission	obtained

8) UAS	flights	will	operate	within	visibility	and	cloud	clearance	requirements equivalent	to	Visual	Flight	Rules	(VFR).

9) UAS	operations	will not	be	conducted	during	night,	as	defined	within	14	CFR	§

1.1.

10) UA	flights	over	land	will	not	be	operated	by	the	PIC	from	any	moving	vehicle or	device.	UA	flights	conducted	entirely	over	water	may	be	operated	from	a

suitable	vessel.

11) UA	will	not	be operated	from	a	raised	platform.

12) The	UA	will	remain	clear	of	and	yield	right	of	way	to	manned	aviation operations.

13) UA	will	be	operated	within	visual	line	of	sight	(VLOS)	of	the	PIC	at	all	times.

The PIC	will	use	human	vision	unaided	by	device	o ther	than	corrective	lenses	as specified	on	PIC’s	FAA	medical	certificate.

14) UAS	operations	will	employ	a	visual	observer	(VO).	The	VO	may	be	used	to satisfy	the	VLOS	requirement	as	long	as	the	PIC	maintains	VLOS	capability.	TheVO	and	PIC	must	be	able to	communicate	verbally	for	the	duration	of	the	flight. Electronic	messaging	or	texting	is	not	allowed	during	flight	operations.

15) The	VO	will	perform	no	duties	other	than	assisting	the	PIC	see	and	avoid

other aircraft,	obstacles,	persons	or	prope rty.

16) UAS	will	be	equ ipped	with	an	autopilot	system. The	UAS	will	utilize	GPS navigation, failsafe’s,	return

- to

- home	(RTH)	and	flight	abort	safety	features.

17) Prior	to each	flight	the	PIC	will	inspect	the	UAS	to	ensure	it	is	in	a	condition for	safe	flight.	Checklists	developed	from	manufacturer	operating	documents	will be	the	basis	for	this	inspection.	If	the	inspection	reveals	a	condition	that	affects safe	operation	of the	UAS,	the	aircraft	is	prohibited	from	operating	until necessary	maintenance	has	been	performed	and	the	UAS	is	found	to	be	in	a	safe condition	for	flight.	The	Ground	Control	Station	must	be	included	in	the	preflight inspection.

18) All	UAS	operations	w ill	be	conducted	over	remote	and	sparsely	populated property	or	over	open	waters.	Permission	for	flight	will	be	obtained	in	advance from	property	owners	or	controlling	agency.	A	Ground	Station	will	be	connected, by	radio	communication,	to	the	UAS	during	th e	entire	flight,	which	will	give	the PIC	flight	information	such	as	GPS	Position,	Altitude,	Air	speed,	Battery Remaining,	and	other	telemetry	information.

19) Flight	boundaries	will	be	established	for	each	flight	and	such	boundaries	will be	designed	such that	the	UA	will	pass	no	closer	than	500	feet	from nonparticipating	persons,	vehicles	or	structures.

20) If	the	UAS	loses	communications	or	loses	GPS	signal,	the	UA	will	return	to	a predetermined	location	within	the	established	flight	boundary	and	land	or be recovered	in	accordance	with	manufacturer	operations	documents.

21) The	PIC	will	abort	any	flight	in	the	event	of	unpredicted	obstacles, occurrence	of	adverse	weather	or	loss	of	UAS	flight	control	capability	in accordance	with	manufacturer	operations documents.

22) The	PIC	is	prohibited	from	beginning	a	flight	unless	(considering	wind	and forecast	conditions)	there	is	enough	power	to	fly	the	planned	route	to	the intended	landing	point	and	land	the	UAS	with	25%	of	battery	capacity	remaining.

23) Documents	required	by	14	CFR	§	91.9	and	91.203	will	be	available	to	the	PIC at	the	Ground	Control	Station	of	the	UAS	whenever	the	aircraft	is	operating.These	documents	will	be	made	available	to	the	Administrator	or	any	law enforcement	official	upon	reque st.

24) Before	conducting	flight	operations,	the	radio	frequency	spectrum	used	for operation	and	control	of	the	UA	must	comply	with	Federal	Communications Commission	(FCC)	or	other	appropriate	government	oversight	agency requirements.

25) A	Flight	Operat ions	and	Maintenance	Log	will	be	maintained	for	each	UAS. Cumulative	flight	hours,	maintenance	activities,	repairs,	alterations	and inspections	will	be	noted.

26) Any	UAS	maintenance	or	alterations	that	affect	UAS	operation	or	flight characteristics,	e.g. replacement	of	a	flight	critical	component,	must	undergo	a functional	test	flight.	The	PIC	who	conducts	the	functional	test	flight	must	make an	entry	in	the	Flight	Operations	and	Maintenance	Log.

SPECIFIC	SECTIONS	OF	14	CFR	FROM	WHICH	PETITIONER SEEKS	EXEMPTION	OR RELIEF

14	CFR	Part	21,	Subpart	H

– Airworthiness	Certificates	and	14	CFR	§	91.203(a)(1)

The	FAA	has	stated	that	no	exemption	is	needed	from	this	section	if	a	finding	is	made

under	Part	11	and	Section	333	of	the	Reform	Act	th at	the	UAS	selected	provides	an equivalent	level	of	safety	when	compared	to	civil	aircraft	normally	used	for	the	same application.	The	petitioner	submits	that	given	the	small	size	of	the	UAS,	the	limited operating	areas	and	procedures	defined	within	the	tr aining	and	operations	section	of the	petition,	an	equivalent	level	of	safety	is	obtained	and	exemption	is	not	required	(see Grant	of	Exemption	to	Astraeus	Aerial,	Docket	No.	FAA

- 2014

- 0352).	If	however,	the	FAA

determines	that	there	are	some	characteristics of	the	chosen	UAS	that	fail	to	meet	the requirements	of	the	Reform	Act,	an	exemption	is	requested.

14	CFR	Part	27

– Airworthiness	Standards:	Normal	Category	Rotorcraft

14	CFR	Part	27	sets	forth	the	procedural	requirements	for	airworthiness	cer tification	of normal	category	rotorcraft.	To	the	extent	petitioner’s	UAS	would	otherwise	require certification	under	Part	27,	petitioner	seeks	exemption	for	the	same	reasons	identified in	the	request	for	exemption	from	14	CFR	Part	21,	Subpart	H.

14	C FR	§	45.23	(a)(b)	and	91.9	(c)

– Marking	of	the	Aircraft

Regulation	45.23	provides: (a)	Each	operator	of	an	aircraft	must	display	on	that	aircraft marks	consisting	of	the	Roman	capital	letter	“N”	(denoting	United	States	registration) followed	by	the registration	number	of	the	aircraft.	Each	suffix	letter	used	in	the	marks displayed	must	also	be	a	Roman	capital	letter.	(b)	When	marks	include	only	the	Romancapital	letter	“N”	and	the	registration	number	is	displayed	on	limited,	restricted	or	light

spor t	category	aircraft	or	experimental	or	provisionally	certificated	aircraft,	the	operator must	also	display	on	that	aircraft	near	each	entrance	to	the	cabin,	cockpit,	or	pilot station,	in	letters	not	less	than	2	inches	nor	more	than	6	inches	high,	the	words “limited,” “restricted,”	“light

- sport,”	“experimental,”	or	“provisional,”	as	applicable.

Regulation	91.9	(c)	provides: No	person	may	operate	a	U.S.

- registered	civil	aircraft unless	that	aircraft	is	identified	in	accordance	with	part	45	of	this	ch apter.

The	UAS	has	no	entrance	to	the	cabin,	cockpit	or	pilot	station	on	which	markings	can	be placed.	Given	the	small	size	of	the	UAS,	two

- inch	lettering	will	not	be	possible.	In	a previous	Grant	of	Exemption,	the	FAA	determined	that	exemption	from these requirements	was	warranted	provided	that	the	aircraft	“have	identification	(N

- Number) markings	in	accordance	with	14	CFR	Part	45,	Subpart	C	if	the	markings	are	as	large	as practicable.”	The	petitioner	additionally	proposes	to	place	all	required	marki ngs, placards,	flight	envelope	restrictions,	cautionary	notices	in	an	easily	visible	location	at the	UAS	Ground	Control	Station.	The	FAA	has	issued	several	exemptions	to	this regulation:	see	Exemptions	Nos.	8738,	10167,	10167A	and	10700.

14	CFR	§	91. 9(b)(2)

– Aircraft	Flight	Manual	in	the	Aircraft

Regulation	91.9	stipulates (b)	No	person	may	operate	a	U.S.

- registered	civil	aircraft

— (2) For	which	an	Airplane	or	Rotorcraft	Flight	Manual	is	not	required	by	§21.5	of	this chapter,	unless	there	is	av ailable	in	the	aircraft	a	current	approved	Airplane	or Rotorcraft	Flight	Manual,	approved	manual	material,	markings,	and	placards,	or	any combination	thereof.

Given	the	size	of	the	UAS,	they	have	no	place	or	ability	to	carry	a	flight	manual	aboard

th e	aircraft.	An	equivalent	level	of	safety	will	be	achieved	by	keeping	the	flight	manual at	the	Ground	Control	Station	where	the	pilot	operating	the	UAS	will	have	immediate access	to	it.	The	FAA	has	issued	several	exemptions	to	this	regulation:	see	Exemptio ns Nos.	8607,	8737,	8738,	9299,	9299A,	9565,	10167,	10602,	32827	and	10700.

14	CFR	§	61.113	(a)(b)	and	61.133(a)(i)(ii)

– Private	and	Commercial	Pilot	Privilege	and

Limitations

Regulation	61.113	stipulates (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	comm and	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	employment;	and	(2)	The	aircraft	doe s	not	carry	passengers	or	property	for compensation	or	hire.Regulation	61.133	stipulates (a)	Privileges

— (1)	General.	A	person	who	holds	a commercial	pilot	certificate	may	act	as	pilot	in	command	of	an	aircraft

—

(i)	Carrying	persons	or	property	for compensation	or	hire,	provided	the	person	is qualified	in	accordance	with	this	part	and	with	the	applicable	parts	of	this	chapter	that apply	to	the	operation;	and (ii)	For	compensation	or	hire,	provided	the	person	is	qualified	in	accordance	with	this

part and	with	the	applicable	parts	of	this	chapter	that	apply	to	the	operation.

Unlike	a	conventional	aircraft	that	carry	pilot,	passengers	and	cargo,	the	proposed	UAS are	remotely	controlled	and	carry	no	persons	or	cargo.	The	UAS	are	capable	of	a	high

de gree	of	flight	automation	and	employ	technical	capabilities	that	limit	the	potential	for operation	in	an	unintended	manner.	It	is	the	petitioner’s	belief	that	given	the	size, weight,	speed,	operating	environment	and	operating	capabilities	of	the	UAS,	an

eq uivalent	level	of	safety	may	be	obtained	by	stipulating	the	UAS	PIC	must	hold	either an	airline	transport,	commercial,	private,	recreational,	or	sport	pilot	certificate.	The	PIC

must	also	hold	a	current	FAA	airman	medical	certificate	or	a	valid	U.S.	driver ’s	license issued	by	a	state,	the	District	of	Colombia,	Puerto	Rico,	a	territory,	a	possession,	or	the Federal	government.	The	PIC	must	also	meet	the	flight	review	requirements	specified	in

14	CFR	§	61.56	in	an	aircraft	in	which	the	PIC	is	rated	on	his	or her	pilot	certificate.	The FAA	has	issued	several	exemptions	to	this	regulation:	see	Exemptions	Nos.	11284, 11281,	11282	and	11296.

14	CFR	§	91.7(a)

– Civil	Aircraft	Airworthiness

Regulation	91.7	stipulates (a)	No	person	may	operate	a	civil	air craft	unless	it	is	in	an airworthy	condition.

Should	this	exemption	be	granted	allowing	commercial	operation	of	UAS	without	an airworthiness	certificate,	no	FAA	regulatory	standard	will	exist	for	airworthiness	of	the UAS.	An	equivalent	level	of	safet y	will	be	obtained	by	ensuring	compliance	with	UAS operator	and	maintenance	manuals	and	safety	checklists	prior	to	each	flight.

14	CFR	§	91.121

– Altimeter	Settings

Regulation	91.121	requires	that (a)	Each	person	operating	an	aircraft	shall	mai ntain	the cruising	altitude	or	flight	level	of	that	aircraft,	as	the	case	may	be,	by	reference	to	an altimeter	that	is	set,	when	operating

— (1)	Below	18,000	feet	MSL,	to

— (i)	The	current reported	altimeter	setting	of	a	station	along	the	route	and	within	10 0	nautical	miles	of the	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	of	an	aircraft	not	equipped	wi th	a	radio,	the	elevation	of	the	departure airport	or	an	appropriate	altimeter	setting	available	before	departure.Conventional	aircraft	are	provided	altitude	data	by	a	barometric	altimeter	that	is most	commonly	set	to	a	local	barometric	pres sure	and	therefore	reports	altitude relative	to	MSL	(Mean	Sea	Level).	UAS	operations	are	restricted	to	altitudes	no	greater than	400	feet	AGL	(Above	Ground	Level).	For	those	UAS	with	a	barometric	sensor, greater	utility	and	an	equivalent	level	of	safety	wi ll	be	obtained	by	setting	the	altimeter to	read	“zero	altitude”	when	the	UAS	is	on	the	ground	prior	to	takeoff	thus	providing	an AGL	altitude	readout.	If	no	barometric	sensor	is	aboard	the	UAS,	a	GPS	derived	altitude similarly	set	to	zero	at	the	takeoff	po int	will	provide	an	equivalent	level	of	safety.	The FAA	has	issued	several	exemptions	to	this	regulation:	see	Exemptions	Nos.	11066, 11065,	11062	and	11063.

14	CFR	§	91.151

– Fuel	Requirements	for	Flight	in	VFR	Conditions

Regulation	91.151	stip ulates	that (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;	or	(2)	At	night,	to	fly after	that	for	at	least	45	minutes.	(b)	No	person	may	begin	a	flight	in	a	rotorcraft	under VFR	conditions	unless	(considering	wind	and	forecast	weather	conditions)	there	is enough	fue l	to	fly	to	the	first	point	of	intended	landing	and,	assuming	normal	cruising speed,	to	fly	after	that	for	at	least	20	minutes.

This	regulation	is	written	based	on	the	capabilities	of	traditional	civil	aircraft	which typically	have	flight	times	with full	fuel	of	several	hours.	For	the	majority	of	UAS	which have	flight	times	of	an	hour,	or	much	less,	this	regulation	would	effectively	deny	an ability	for	the	UAS	to	operate.	The	petitioner	submits	that	an	equivalent	level	of	safety will	be	obtained	by	re quiring	that	no	UAS	flight	will	begin	unless	(considering	wind	and forecast	conditions)	there	is	enough	fuel	(battery)	to	fly	the	planned	route	to	the	first point	of	intended	landing	and	land	with	25%	of	battery	capacity	in	reserve

. This

restriction	would be	more	than	adequate	to	return	the	sUAS	to	its	planned	landing	zone from	anywhere	in	its	limited	operating	area.

The	FAA	has	issued	several	exemptions	to	this	regulation:	see	Exemptions	Nos.	2689F, 5745,	10673	and	10808.

14	CFR	§	9 1.405(a),	91.407(a)(1),	91.409(a)(2),	91.417(a)	and	(b)

– Maintenance Inspections

Regulation	91.405 (a)	requires	that	an	aircraft	operator	or	owner	“shall	have	that	aircraft inspected	as	prescribed	in	Subpart	E	of	this	Part,	and	shall	between	required inspections, except	as	provided	in	paragraph	(c)	of	this	section,	have	discrepancies	repaired	as prescribed	in	Part	43	of	this	chapter...” Regulation	91.407 (a)(1)	similarly	make s	reference to	requirements	in	Part	43.	Regulation	91.409(a)(2)	requires	an	an nual	inspection	forissuance	of	airworthiness	certificate.		Regulation	91.417(a)	and	(b)	requires	the	owner	or operator	to	keep	records	showing	certain	maintenance	work	that	has	been	accomplished by	certified	mechanics,	under	Part	43,	or	licensed	pilots	an d	records	of	approval	of	the aircraft	for	return	to	service.

Exemption	from	these	regulations	is	needed	because	Part	43	and	these	sections	apply only	to	aircraft	with	an	airworthiness	certificate.		An	equivalent	level	of	safety	will	be obtained	by	require ment	that	each	UAS	will	have	a	flight	and	maintenance	log. Maintenance	and	inspections	will	be	accomplished	in	accordance	with	manufacture recommendations.		The	FAA	has	issued	several	exemptions	to	this	regulation:	see Exemptions	Nos.	11066,11062,	11067A and	11065

14 CFR	§	91.103

– Preflight	Action

Regulation 91.103 stipulates Each pilot in command shall, before beginning a flight become familiar with all available information concerning that flight. This information

must include

– (a) For a flight und er IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC; (b ) For any flight, runway lengths at airports of intended use and the following takeoff and landing distance information(1) For civil aircraft for which an approved Airplane or Rotocraft Flight Manual containing therein; and (2) For civil

aircraft other tha n those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to the aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature

.

The	petitioner	seeks	exemption	to	the	extent	that	an	FAA

- approved	Flight	Manual	is required.		An	equivalent	level	of	safety	will	be	provided	by	following	the	Operations Manual	provided	by	the	manufacture.		Additionally,	the	PIC	will	conduct	preflight

ac tions	to	include	performing	all	required	checklists,	reviewing	weather,	flight requirements ,	battery	charge,	landing	and	take	off	distance,	aircraft	performance	data, and	contingency	landing	areas,	before	initiation	of	flight.14 CFR	§	91.109

– Fligh t	Instruction

Regulation	91.109	stipulates,	in	part	that	(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	functioning	dual	controls.

UAS by	their	design do	not	have	fully	functional	dual	controls.	Flight	control	is accomplished	through	the	use	of	a	control	interface	that	communicates	with	the	aircraft via	radio.	Given	the	size,	speed	and	limited	operational	parameters	of	the	UAS,	an equivalent	level	of	saf e	training	can	be	performed	without	dual	controls.	The	FAA	has issued	several	exemptions	to	this	regulation:	see	Exemptions	Nos.	11066,	11062,

11067A	and	11065.

14	CFR	§	91.119

– Minimum	Safe	Altitudes

Regulation	91.119	stipulates,	in	part,	tha t, Except	when	necessary	for	takeoff	or	landing, no	person	may	operate	an	aircraft	below	the	following	altitudes:	(a)	Anywhere.	An altitude	allowing,	if	a	power	unit	fails,	an	emergency	landing	without	undue	hazard	to persons	or	property	on	the	surface.	(b )	Over	congested	areas.	Over	any	congested	area of	a	city,	town,	or	settlement,	or	over	any	open	air	assembly	of	persons,	an	altitude	of 1,000	feet	above	the	highest	obstacle	within	a	horizontal	radius	of	2,000	feet	of	the aircraft.	(c)	Over	other	than	con gested	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.

An	exemption	to	91.119(c) is	required	because	UAS	operations	will	be	conducted	at altitudes	no	greater	than	400	feet	above	the	surface.	The	size,	speed,	weight	and	limited operational	parameters	of	the	UAS	allow	for	an	equivalent	level	of	safety.WHY	GRANTING	THIS	PETITION	I S	IN	THE	PUBLIC	INTEREST

As	introduced	above,	the	requested	exemption	would	authorize	the	Applicant	to perform	commercial	operations	with	sUAS	that	will	provide	significant	benefits	to	the public	interest:

1) The	commercia l	use	of	sU AS	to	perfo rm	research	and	photo/video activities	by

Alex	Loer	and Ocean	Works	Group is in	support	of	government	entities,	private research	institutions,	scientific	studies	and	wildlife	monitoring,	all	of	which	are

critical	to	the	well

- being	of	the	general	public

2 ) A	significant	reduction	in	costs	to	conduct	research,	training	and	education

programs

. By	incorporating	sUAS	into	these	programs	we	can	incur	significant savings	and	more	efficiently	conduct	research	in	the	public	interest 3) The	use	of	sUAS	will	decrea se	congestion	in	the	National	Airspace	System along	with	reducing	the	noise	and	air	pollution	generated	during	traditional manned	aircraft	flight	operations.

4) When	using	UAS	to	complement	field	personnel,	they	reduce	safety	concerns when	gathering	data from	inaccessible	or	unstable/unsafe	areas	and	in	extreme

weather	or	terrain.

5) Operation	of	sUAS	will	substantially	reduce	the	risk	to	life	and	property	in	the air,	and	on	the	ground,	which	is	commonly	associated	with	traditional	manned aircraft	flight operations	for	marine	science	missions.

6) Similar	to	the	current	manned	aircraft	flight	operations	in	marine	science	that have	been	conducted	for	many	decades,	sUAS	used	for	similar	tasks	will	not generate	any	new	privacy	issues.

Approval	of	this	exempt ion	would	thereby	enhance	safety	and	fulfill	the Secretary	of	Transportation’s	(the	FAA	Administrator's)	responsibilities	under Section	333(c)	of	the	Reform	Act	to	"establish	requirements	for	the	safe operation	of	such	aircraft	systems	in	the	national	airs pace	system."	Approval	of this	exemption	will	allow	for	safer,	more	efficient	and	less	costly	science missions,	and	produce	much	higher	data	quality.SUMMARY	OF	REGULATIONS	FROM	WHICH	PETITIONER	SEEKS	EXEMPTION	OR	RELIEF

14	CFR	Part	21,	Subpa rt	H	14	CFR	Part	27 14	CFR	45.23(b) 14	CFR	61.113(a)(b)

14	CFR	91.7(a) 14	CFR	91.9(b)(2)(c)

14	CFR	91.103 14	CFR	91.109(a)

14	CFR	91.119

14	CFR	91.121 14	CFR	91.151(a) 14	CFR	91.203(a)(b) 14	CFR	91.405(a) 14	CFR	91.407(a)(1) CFR	91.409(a)(1)	and	(a)( 2)	14	CFR	91.417(a)(b)