October 301h, 2015 y.·S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE, West Building Ground Floor, Room W12-140, Washington, DC 20590 =::·**~ ~--\-~\'~"**  c- ,,....**~**•..i",T'"'.- ... ·J t•· ••• --..-:·-r·..**-~**- .,.**~·**._....**~-.** - i..**·~· i~·'1** **~·r:p**

l ...**~** .·- .. I{')**~,** ,..,.-]:]] Re: Request for Exemption under Section 333 ofthe FAA Modernization and Reform Act and Part 11ofthe Federal Aviation Regulations from 14 C.F.R. 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(l); 91.409(a)(1) and (2); 91.417(a) &(b).

PETITION FOR SUMMARY EXEMPTION Dear Siror Madam:Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, Seaich Corp., owner ofthe "Space Rails" brand and operator of Small Unmanned Aircraft (UA) hereby applies foran exemption from the listed Federal Aviation Regulations ("F ARs") -to allow commercial operation ofits UA. Seaich Corp. is eligible fora summary exemption for aerial data collection; please reference exemption #11482. QUICK REFERENCE SUMMARY Type of UAtobe flown: Rotary-Wing (Electric Multi-Rotor) Manufacturer: DJI Model: Phantom 3 Weight: 3 pounds ·The operations will befor: Aerial Data Collection • Advertising & Promotion • Environmental Monitoring • Aerial Filming & Photography

The Petitioner will operate under the restrictions listed below and those inthe confidentially submitted operating manuals. The Petitioner agrees toallthe restrictions in Exemption# 11784 which are listed below. 1SEAICH CORP. REQUESTS THAT THE PUBLICATION AND COMMENT PROCEDURES BE WAIVED IN ACCORDANCE WITH 14 C.F.R. § 11.87. § 11.87 Are there circumstances in which FAA may decide notto publish a summary of my petition for exemption? The FAA may not publish a summary of your petition for exemption and request comments ifyou present orwe find good cause why we should not delay action on your petition. The factors we consider in deciding notto request comment include: (a) Whether granting your petition would seta precedent. (b) Whether the relief requested is identical to exemptions granted previously. (c) Whether our delaying action on your petition would affect you adversely. (d) ·Whether you filed your petition ina timely manner. Corresponding tothe above sub-sections, Seaich Corp. has good cause to request the FAA to waive the comment period and not delay action onthe petition because: (a) Seaich Corp. would not set any precedent. Seaich Corp. agrees tothe SAME exact limitations as Exemption# 11784. (b) The relief requested is identical to that granted, without publication for comment, in Exemption # 11784. (c) Delaying the granting ofthis petition would adversely affect the public, the FAA, and Seaich Corp. The public, as well asthe FAA, would be better served by the FAA quickly granting this petition and thereby freeing up limited FAA resources and allowing FAA inspectors to dedicate their time and attention to much higher priorities. Moreover, Seaich Corp. is adversely affected by the below listed regulations. (d) The petition has been filed ina timely manner. PUBLIC BENEFITThis exemption will allow commercial operations ofUA's that will enhance safety by reducing risk. The alternative to using aUAistouseajetor piston power aircraft carrying large amounts ofJetAor1 OOLL. Not only isthe operation dangerous atthe location, the aircraft must flytothe location and back tothe home airport. The UA will weigh less than 55 lbs. and powered by batteries that eliminates most ofthe risk because no highly flammable fuel will be involved. There areno pilots on board the UA and due tothe small size ofthe UA, there isless risk posed tothe public onthe ground in case of an emergency. Manned airplanes and helicopters produce a large amount of noise pollution when operating atlow altitudes that disrupts the quiet enjoyment ofthe public onthe ground. UA are much quieter and will not disrupt the public as much as manned aircraft; thus, the public will benefit from their use. Additionally, the UA has multiple motors, providing redundancy, while most manned aircraft have only one engine. The operations ofthe UA 2listed under the restrictions proposed herein will provide an equivalent level of safety as the Federal Aviation Regulations. PETITIONER'S CONTACT INFO: Name: Email: Address: Seaich Corp. francod@prodigy.net2401 Summit Circle Salt Lake City, UT 84109 REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED 14 C.F.R. § 61.23(a) and (c) 14 C.F.R. § 61.101(e)(4) and (5) 14 C.F.R. § 61.113(a) 14 C.F.R. § 61.315(a) 14 C.F.R. § 91.7(a) 14 C.F.R. § 91.119(c) 14 C.F.R. § 91.121 14 C.F.R. § 91.151(a)(1) 14 C.F.R. § 91.405(a) 14 C.F.R. § 91.407(a)(l) 14 C.F.R. § 91.409(a)(1) &(2) 14 C.F.R. § 91.417(a) &(b) OPERATING DOCUMENTS Seaich Corp. will operate only within the limitations below and the limitations listed inthe confidentially submitted operating manual. The limitations below, from the previously granted exemption, will be followed if there isa conflict with the operating manual. STATUTORY AUTHORITY TO GRANT THIS PETITION The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority byits terms includes exempting civil aircraft, asthe tel11? is defined under§ 40101 ofthe Act that includes UAS's,_from the requirement that all civil aircraft must have a current airworthiness certificate. "The Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a)or (b) ofthis section or any sections 44702-44716 ofthis title ifthe Administrator finds the exemption inthe public interest." 49 U.S.C. § 44701(f). See also 49 U.S.C. § 44711(b). This exemption petition is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) ofthe FAA Modernization and Reform Act of2012. This law

directs the Secretary of Transportation to consider whether certain unmanned aircraft 3-- ---- --- ·-- --__......-- systems may operate safely inthe national airspace system (NAS) before completion of the rulemaking required under Section 332 ofthe FAA Modernization and Reform Act.

In making this determination, the Secretary is required to determine which types ofUA donot create a hazard to users ofthe NAS orthe public or posea threat to national security in light ofthe following: •The UA's size, weight, speed, and operational capability; • Operation ofthe UAin close proximity to airports and populated areas; and, • Operation ofthe UA within visual line of sight ofthe operator (VLOS). Ifthe Secretary determines that such vehicles "may operate safely inthe national airspace system, the Secretary shall establish requirements for the safe operation of such

aircraft inthe national airspace system." Id.§ 333(c) (emphasis added). The FAA has already established requirements for summary grants that will be further discussed below. Applicant interprets this provision to place the duty onthe Administrator tonot only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation ofthe UAS, ifit should be determined that the conditions set forth herein donot fulfill the statutory requirements for

approval. EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein applies to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide forat least an equivalent or even higher level of safety to operations under the current regulatory structure. These limitations and conditions are identical to Exemption # 11784 except for the

difference in aircraft. Seaich Corp. agrees tobe bound when conducting commercial UA operations. The list oflimitations and conditions include the following: 1. Operations authorized by this grant of exemption are limited tothe Vulcan X-8; allof which weigh less than 55 pounds including payload. Proposed operations ofany other aircraft will require anew petition ora petition to amend this exemption. 2. Operations for the purpose of closed-set motion picture and television filming are not permitted.3.The UA may notbe operated ata speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the87 knot speed restriction. Inno case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended bythe aircraft manufacturer.4. The UA must be operated atan altitude ofno more than 400 feet above ground level (AGL). Altitude must be reported infeet AGL.45.The UA must be operated within visual line of sight (YLOS) ofthe PICatall times. This requires the PICtobe able touse human vision unaided by any device other than corrective lenses, as specified onthe PIC's FAA-issued airman medical certificate or U.S. driver's license. 6.All operations must utilize a visual observer (YO). The UA must be operated within the visual line of sight (YLOS) ofthe PIC and YOatall times. The YO may be used to satisfy the YLOS requirement as long asthe PIC always maintains YLOS capability. The YO and PIC must be able to communicate verbally atall times; electronic messaging or texting isnot permitted during flight operations. The PIC must be designated before the

flight and cannot transfer hisorher designation for the duration ofthe flight. The PIC must ensure that the YO can perform the duties required ofthe YO. 7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated inthis grant of exemption, are hereinafter referred toasthe operating documents. The operating documents must be accessible during UAS operations and made available tothe Administrator upon request. Ifa discrepancy exists between the conditions and limitations inthis exemption and the procedures outlined inthe operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the

operator must follow the procedures as outlined inits operating documents. The operator may update or revise its operating documents. Itisthe operator's responsibility to track such revisions and present updated and revised documents tothe Administrator orany

law enforcement official upon request. The operator must also present updated and revised documents ifit petitions for extension or amendment tothis grant of exemption. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition foran amendment toits grant of exemption. The FAA's UAS Integration Office**(AFS~** 80) may be-contacted if questions arise regarding updates or revisions tothe operating documents. 8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement ofa flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted byaPIC withaYO and must remain at least 500 feet from other people. The functional test flight must be conducted in sucha manner soastonot pose an undue hazard to persons and property. 9. The operator is responsible for maintaining and inspecting the UAS to ensure thatitis ina condition for safe operation. 10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS isina condition for safe flight. The pre-flight inspection must account forall potential discrepancies, e.g. inoperable components, items, or equipment. 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 5UAS is found tobeina condition for safe flight. 11. The operator must follow the UAS manufacturer's maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.13. Under this grant of exemption; aPIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also holda current FAA airman medical certificate ora valid U.S. driver's license issued bya state, the District of Colombia, Puerto Rico, a territory, a possession, orthe Federal government. The PIC must also meet the flight review requirements specified in14 CFR § 61.56 inan aircraft in which the PICis rated onhisorher pilot certificate. 14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS ina manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged ina manner consistent with 14 CFR § 61.51 (b). Flights for the purposes of training the operator's PICs and VOs (training, proficiency, and experience- building) and determining the PIC's ability to safely operate the UAS ina manner consistent with how the UAS will be operated under this exemption are permitted under the terms ofthis 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 CFR § 91.119. 15. UAS operations may not be conducted during night, as defined in14 CFR §1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 16. The UA may not operate within 5 nautical miles ofan airport reference point (ARP)

as denoted inthe current FAA Airport/Facility Directory (AFD) orfor airports not denoted with an ARP, the center ofthe airport symbol as denoted onthe current FAA published aeronautical chart, unless a letter of agreement with that airport's management is obtained or otherwise pennitted bya COA issued tothe exemption holder. The letter of agreement with the airport management must be made available tothe Administrator or any law enforcement official upon request. 17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility isless than3 statute miles from the PIC. 18.Ifthe UA loses communications or loses its GPS signal, the UA must return toa 6predetermined location within the private or controlled-access property. 19. The PIC must abort the flight inthe event ofunpredicted obstacles or emergencies. 20. The PICis prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UAto conduct the intended operation andto operate after that forat least five minutes or with the reserve power recommended bythe manufacturer. if greater. 21. Air Traffic Organization (ATO)_ Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with anA TO-issued COA. The exemption holder may apply foranew or amended COA ifit intends to conduct operations that cannot be conducted under the terms ofthe attached COA. 22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must beas large as practicable.

23. Documents used bythe operator to ensure the safe operation and flight ofthe UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available tothe PICatthe Ground Control Station ofthe UAS any time the aircraft is operating. These documents must be made available tothe Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way toall manned aviation operations and activities atall times. 25. The UA may notbe operated bythe PIC from any moving device or vehicle. 26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris inthe event ofan accident. The operator must ensure that nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately ina manner ensuring the safety of nonparticipating

persons; and b. The owner/controller ofany vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment ofthe risk of operating closer to those objects and determined thatit does not present an undue hazard. The PIC, YO, operator trainees or essential persons are not considered nonparticipating persons under this exemption. 27. All operations shall be conducted over private or controlled-access property with permission from the property owner/controller or authorized representative. Permission 7from property owner/controller or authorized representative will be obtained for each flight tobe conducted. 28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries ofthe operational area as defined bythe 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 onthe NTSB Web site: www.ntsb.gov. Spacerail 'sUA are rotorcraft, weighing 55 lbs.orless including payload. They operate, under normal conditions ata speed ofno more than 50 knots and they have the capability to hover, and move inthe vertical and horizontal plane simultaneously. They will operate only within VLOS and only within the restrictions above and the confidentially submitted manual. Such operations will insure that the UA will "not create a hazard to users ofthe national airspace system orthe public." Given the small size ofthe UA involved and the restricted sterile environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations ofUA to commence immediately. Also, dueto the size ofthe UA and the restricted areas in which the relevant UA will operate, approval ofthe application presents no national security issue. Since the UA fully loaded weighs no more than 55lbs. andis operated without an onboard pilot, there isno ability or place to carry certification and registration documents orto display them onthe unmanned aircraft. An equivalent level of safety will be achieved by keeping these documents atthe ground control point where the pilot flying the UA will have immediate access to them. Also, given the size ofthe unmanned aircraft, the FAA registration number will be displayed onthe airframe inas large afont as possible. REGULATIONS FROM WHICH EXEMPTION IS NEEDED 14 C.F.R. § 61.23(a) & (c): Medical Certificates Exemption# 11221, # 11284, and many others have provided thataU.S. driver's license could be used inlieu ofthe medical certificate provides an equivalent level of safety.14 C.F.R. § 61.101(e)(4) &(5): Recreational Pilot Privileges and Limitations &14 C.F.R. § 61.315(a): Sport Pilot Limitations. Exemption # 11221, # 11284, and many others have declared that there isan equivalent level of safety asthe FAR's by requiring the PICto "hold either an airline

transport, commercial, private, recreational, or sport pilot certificate." Likewise, Seaich Corp. isalso performing commercial UAS work andis asking for the same restrictions which have been previously deemed to provide an equivalent level of safety asthe burdensome regulations. 8---------------- --14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot In Command. Sub-sections 61.113( a) limit private pilots to non-commercial operations. Because the UA will not carry apilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a sport pilot license rather thana commercial pilot's license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAis remotely controlled with no living thing on board. 14 C.F.R. § 91.7(a): Civil Aircraft Ainvorthiness. As there will beno airworthiness certificate issued for the unmanned aircraft, and no FAA regulatory standard will exist for determining airworthiness ofthe UA, the requirements contained inthe confidentially submitted manual and the restrictions already agreed towill provide an equivalent level of safety. 14 C.F.R. § 91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters tobe operated atless than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters bythe FAA. Because ofthe lack of flammable fuel, any risk associated with these operations isfar less than those presently presented with conventional aircraft operating ator below 500 AGL. In addition, the low-altitude operations ofthe UAS will ensure separation between these small UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 14 C.F.R. § 91.121: Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference toan altimeter thatisset"...tothe elevation ofthe departure airport oran appropriate altimeter setting available before departure." As the UAS may not have

a barometric altimeter, but instead aGPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved bythe operator, pursuant to following the confidentially submitted manual. Furthermore, many other petitions have been granted allowing GPS tobe used inlieu ofan altimeter setting. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "a flight inan airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fueltoflytothe first point of intended landing, and, assuming normal cruising

speed -(1) During the day, tofly after that forat least 30 minutes; or(2)At night, tofly

after that forat least 45 minutes." Applicant believes that an equivalent level of safety can be achieved by restricting operations to "the intended operation andto operate after that forat least five minutes or 9with the reserve power recommended bythe manufacturer if greater." Exemption# 11284, at page 5. 14 C.F.R. § 91.405 (a);§ 91.407 (a) (1);§ 91.409 (a) (2);§ 91.417(a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart Eofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43ofthis chapter"5 and others shall**inspe~t** or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply tothe applicant. An equivalent level of safety will be achieved because these small UAS 'sare very limited in size and

will carry a small payload and operate only in restricted areas for limited periods of time. Moreover, the operator isthe person most familiar with the aircraft and best suited to

maintain the aircraft inan airworthy condition to provide the equivalent level of safety.

Lastly, the petitioner will operate in accordance with the confidentially submitted manual that will provide an equivalent level of safety asthe burdensome regulations. CONCLUSION Seaich Corp. will operate small UAS weighing less than 55 lbs., conducted under the proposed restrictions outlined above as well asthe confidentially submitted manual, will provide an equivalent level of safety supporting the grant ofthe exemptions requested herein. Sincerely yours,**~~** 10