u. s. Department of Transportation Docket Management system 1200 New JerseyAve., SE washington, DC 20590 

## SatStellar, LLC

aminoritycompany... April 17, 2015

Re: Exemption Request section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 CFR 61
.113 (a) 

### & (b); 91.103(b); 91.119; 91.121; 91.151(a); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91
.417 (a) 

### &(b).



### Dear Sir or Madam: Pursuant to section 333 ofthe FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C
.F.R. Part 11, satstellar LLC hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its small unmanned Aircraft systems ("sUAS") for aerial imaging for safety and monitoring of secured and controlled environment construction sites, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by section 333
. Satstellar will perform many different airborne solutions such as: mapping data, sensing, construction, photography, real estate, agricultural, environmental, inspections, and FAA certifications
. These techniques and procedures and often require our employees to be put in situations that require Satstellar to accept risk. we have found that by using a small unmanned aircraft system "sUAS" with a high resolution camera mounted on it, often times we can accomplish the same inspection and alleviate the need to put our employees and public in danger.



### www. satstellar
. com

## SatStellar, LLC

a m i nority

**~::ompan y** ... satstellar shares congress's goal of getting sUAS flying commercially in the united states safely and soon. In the FAA Modernization and Reform Act of 2012, congress directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system" and, under Section 333 of that law, gave the FAA power to grant innovators "expedited operational authorization" to do so. By this petition, satstellar is seeking authorization to conduct sUAS commercial operations. Further, granting this request will do nothing more than allow satstellar to do what thousands of hobbyists and manufacturers of model aircraft do every day, except we will abide by much stronger safety measures. under supervision of a certified pilot we would provide a safer level of operation that is superior to current regulations. This invaluable experience applied to Satstellar UAS program equates to safe sUAS use on our projects with no confliction with manned aircraft.
Information supporting this Petition as Specified in 14 C.F.R. §11.81 A. Mailing address and other contact information: satstellar, LLC 109 Janwall St. Annapolis, Maryland 21403 Christian Nieves 301-785-2260 contact@satstellar
.com



## www. satstellar
. com

## SatStellar, LLC

aminoritycompany...
B. The soecific section or sections of 14 C.F.R from which satstellar seeks exemption. 14 C.F
.R
. Part 21 14 C.F.R. 45.23(b) 14 C.F.R. 61.113 (a) 

### &(b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C
.F
.R
. 91.121 14 C.F.R. 91.203 (a) 

### &(b) 14 C.F.R. 91
.405 (a) 14 C
.F.R. 407 (a) (1) 14 C.F.R. 409 (a) (2) 14 C.F.R. 417 (a) 

### &(b) I. STATUTORY AUTHORITY FOR EXEMPTIONS The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702-44716 ofthis title if the Administrator finds the exemption in the public interest. 49 u.s.c. §44701(f) See also 49 usc §44711(a); 49 USC §44704; 14 CFR §91
.203(a) (1). section 333(b) of the Reform Act assists the secretary in determining whether sUAS may operate in the National Airspace system (NAS) without creating a hazard to the user, the public, or a threat to national security. In making this determination, the Secretary must consider: • The sUAS's size, weight, speed, and operational capability; • whether the sUAS operates within the visual line of sight of the operator • whether the sUAS operates outside of highly populated areas and away from close proximity to airports



### www. satstellar
. com

## SatStellar, LLC

aminoritycompany... Reform Act §333(a). If the secretary determines that a sUAS "may operate safely in the national airspace system, the secretary shall establish requirements forthe safe operation ofsuch aircraftin the national airspace system." Id. §333(c). satstellar sUAS, weighing less than 55 lbs. includindpayload, and will operate under normal conditions at a speed of no more than 50 knots. The sUAS will operate only in the Pilot's visual line of sight at all times and will operate onlywithin the preplanned area. such operations will insure that the sUAS will ''not create a hazard to users of the national airspace system or the public." Reform Act section 333 (b). Given the small size of the sUAS involved and the restricted and preplanned areawithin which they will operate, our application falls squarelywithin the zone of safety (an equivalent level of safety) in which congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS to commence immediately. Also due to the small size ofthe sUAS and the low altitudes and restricted areas in which the sUAS will operate, approval ofthe application presents no national security issue. Given the clear direction in section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, the grant ofthe requested exemptions is in the public interest
. Accordingly, Satstellar respectfully requests that the FAA grant the requested exemption without delay. II. PUBLIC INTEREST This exemption application is expressly submitted to fulfill congress' goal in passing section 333(a) through (c) ofthe Reform Act. This law directs the SecretaryofTransportation to consider whether certain unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. By granting an exemption the FAA will fulfill congress's intent of allowing UAS to operate with significant safety



### www. satstellar
.com

## SatStellar, LLC

aminoritycompany... precautions 1n low risk envir. onments. The use of sUAS on a various site conditions can significantly reduce the risk toworkers of falls while inspecting, surveying, or monitoring site progress. sUAS can inspect, photograph, and collect data on hard to get to areas that otherwise would require worker inspection. Falls are a leading source ofworkplace fatality and ln]ury on construction sitesl, and reducing falls through sUAS use for site imaging could save workers lives. Additionally, sUAS could replace the use of helicopters and small aircraft to perform our intended tasks. The sUAS we propose to fly in this application are under fifty-five pounds, and carry no combustible material on board, as opposed to the much larger conventionally powered small aircraft. shifting to sUAS from helicopters and airplanes presents a marked safety increase for our workers and the public. Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and data collection. our sUAS use rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are many hundreds oftimes heavier.
III. EQUIVALENT LEVEL OF SAFETY satstellar sUAS operations will provide a level of safety that far exceeds the level of safety required by the FAA for hobbyists and manufacturers of model aircraft. The following operating procedures will apply during the sUAS inspection operations under this exemption request. 1. Satstellar operations will be conducted: i. Within the visual line of sight of the Pilot in command (PIC) and one or more visual Observers (VO). ii. at less than 400 feet AGL iii.Within class Gairspace. 2
. Satstellar inspection operations will be conducted in a

1"CommonlyU sedSta tistics",Occupati onalSafety&H ealthA dministration.A vailableat: https://www.osha.gov /oshstats/commonstats.html 

### www. satstellar
.com

## SatStellar, LLC

aminoritycompany... confined area over isolated private property located at least 5 miles away from any airport, heliport, seaplane base, spaceport or other location with aviation activities, and any military or u.s. government installations or airfields. If we are within the 5 mile radius of any of the above installations Satstellar will seek written approval from that installation's owner before sUAS operations take place. If said installation owner requires stricter guidelines for operation then Satstellar will comply. 3
. All sUAS operations will remain within the lateral and vertical boundaries of the operating area, taking into account all factors, including wind, gross weight and glide distances, that may affect the capability of the sUAS to remain within the airspace boundary; moreover, the ceiling height will be no more than 400 feet AGL.
4. Satstellar sUAS inspection operations under this exemption will be conducted under the supervision designated PIC who ultimately has final responsibility for the operation in accordance with 14 C.F.R. 91.3 and either holds a current FAA private pilot certificated, a higher FAA pilot certification, or a FAA

-recognized equivalent or has completed FAA private pilot ground instruction and passed the FAA private pilot written exam. s. PIC will maintain the sUAS system in a condition for safe operation, and conduct a pre-flight inspection prior to each flight so as to ensure that the sUAS, control station, data link equipment, camera, and support equipment are in a condition for safe operation and in a configuration appropriate for the purpose of the intended flight.
6
. The PIC and 

### vo will maintain two-way communications with each other during all operations; if unable to maintain two
-way communications, or if any condition occurs that may otherwise cause the operation to be unsafe, the operator will immediately conclude the operation.
7. Each sUAS that exemption wi11


## www. satstellar
. com Satstellar will employ under this safely return automatically to a home

## SatStellar, LLC

aminoritycompany... location designated by the PIC ifthe communications link is lost. 8
. The aircraft documentation required by 14 C.F.R. §§ 91.9 and 91.203(b), as applicable, will be available to the PIC referred to above at any time Satstella r sUAS are operating. satstellar will effectively operate under our own standard operating procedures that will provide additional safeguards that go far beyond the level of safety for public model airplane fields. IV. DESCRIPTION OF SPECIFIC REGULATIONS 14CFR 61.113 (a)

### &(b): Privatepilotprivilegesand limitations: Pilot in command sections 61.113 (a) 

### &(b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the Pilot operating the aircraft to have completed a sUAS flight training course of 100 hours before flying a sUAS. unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing or cargo on board. The sUAS are also operated by an autopilot, which greatly reduces the danger of human error. The areaofoperation 1s controlled and restricted areas, and all flights are planned and coordinated in advance. The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusivelywithin a secured area as set out in the operation plan. Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator, and in compliance with local public safety requirements, to provide securityfor the area of operation. The FAA will have advance notice of all operations. The risks associatedwith the operation ofthe sUAS are therefore diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, and allowing operations of the sUAS as requested with a Pilot who has the


### www.satstellar

.com

## SatStellar, LLC

aminoritycompany... level of safety contemplated by 14 C.F.R
. §61.113 (a) 

### &(b). 14C.F.R. 91.103: Preflight Action This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement as the Pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the Preflight checklist in the Manual. These actions will provide an equivalent level of safety.
14 c.F. R. 91.119: Minimum safeAltitudes section 91.119 establishes safe altitudes for operation ofcivil aircraft. section 91.119 (d) allows sUAS to be operated at less than the minimums prescribed, provided the person operating complies with any route or altitudes prescribed by the FAA. The sUAS will never operate at altitude higher than 400 AGL and will be in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent. The equivalent level of safety will be achieved given the size, weight, speed ofthe sUAS as well asthe location where itis operated. No flight will be taken without the permission of the property owner or local officials. Because ofthe advance notice tothe propertyowner and any onsite personnel, all affected individualswill be aware ofthe planned flight operations. unlike flight operations with aircraft or rotorcraft weighing far more than the maximum 55 lbs. proposed herein, our sUAS will not carry flammable fuel
. In addition, the low-altitude operations of the sUAS will ensure separation between sUAS 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 to an altimeter that is set "
...to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safetywill be achieved by the operator confirming the altitude ofthe launch site 

## www.satstellar
. com

## SatStellar, LLC

aminoritycompany... shown on the GPS altitude indicator before flight. 14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. our sUAS is limited to operations in sterile and controlled environments, and has a limited range and flight time which require an exemption from 14 CFR 91.151(a). The battery powering the sUAS provides approximately 35 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 5minutes in length. Given the limitations on the sUAS's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Satstellar believes that an exemption from 14 CFR §91
.151(a) falls within the scope of prior exemptions
. See Exemption 10673 (allowing Lockheed Martin corporation to operate without compliance with FAR 91.151 (a)). operating the small sUAS, in a tightly controlled areawhere only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for w hich the exemption will be granted. An equivalent level of safety can be achieved by limiting flights to 30 minutes, or enough battery reserve to ensure that the sUAS lands at the ground station with at least 20%of battery pow er (as determined by the onboard monitoring system and the Pilot), whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.



## www. satstellar
. com

## SatStellar, LLC

aminoritycompany...


### 14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) 

### &(b): Maintenance inspections These regulations require that an aircraftoperatoror owner "shall have that aircraft inspected as prescribed in subpart E

### ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter
...," and others shall inspect or maintain the aircraft in compliance with Part43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Satstellar. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook from the manufactural. An equivalent level of safety will be achieved because these small sUAS are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the sUAS can land immediately and will be operating from no hi9her than 400 feet AGL. The Pilot will ensure that the sUAS is 1n working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the Pilot is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart 

### H; 14 C.F.R 45.23(b);14 C
.F.R. §§ 61.113( a) 

## & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91
.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) 

## &(b) to operate commercially a small unmanned vehicle (SSlbs or less). Approval ofexemptions allowing commercial operations of sUAS in the construction industryenhances safetywhile reducing risk. Manned aircraftmonitoring and surveying creates a greater riskbecause the craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.



## www. satstellar
. com

## SatStellar, LLC

aminoritycompany...


### The operation of small sUAS, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant ofthe exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraftoperate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximityto the ground and people. Privacy All flights will occur over private or controlled access property with the property owner's prior consent and knowledge
. Images taken will be of individuals who have also consented to being filmed or otherwise have agreed to be in the area where aerial photography will take place
. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012-

-size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

- provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant's sUAS. sincerely, Joseph Agenbroad Satstellar, LLC 

### 109 Janwall St. Annapolis, MD 

### 21403 410-353-1684 contact@satstellar
.com



### www. satstellar

.com