HOGAN LOVELLS US LLP


### BEFORE THE FEDERAL AVIATION ADMINISTRATION

___________________________________________________

Robot & Vision, Inc., d/b/a R4Robotics

Petitioner. Docket No. FAA

- 2015

-

_____

PETITION OF ROBOT & VISION, INC., d/b/a R4ROBOTICS FOR SUMMARY GRANT EXEMP TION FROM CERTAIN FEDERAL AVIATION REGULATIONS TO OPERATE UNMANNED AIRCRAFT SYSTEMS (UAS) PURSUANT TO SECTION 333 OF THE

FAA MODERNIZATION AND REFORM ACT OF 2012

Lisa Ellman Matthew Clark Hogan Lovells US LLP 555 13 th Street, N.W. Washington, DC 20004 P hone: 202

- 637

- 6934 /

- 5659 Fax: 202

- 637

- 5910 lisa.ellman@hoganlovells.com matt.clark@hoganlovells.com
Counsel for Robot & Vision, Inc., d/b/a R4Robotics

DATE: November 2 3 , 2015HOGAN LOVELLS US LLP

2 TABLE OF CONTENTS

1. INTRODUCTION AND SUM MARY OF PROPOSED SMA LL UAS OPERATIONS

................................ ................................ ................................ .......................... 3

2. BACKGROUND OF PETITI ONER

................................ ................................ .......................... 4

3. PROPOSED UAS AND CON DI TIONS AND LIMITATION S

................................ ................... 5

3.1 Conditions and limitations regarding the proposed UAS

................................ ..... 7
3.2 Conditions and limitations regarding the proposed UAS operations

................. 8

3.3 Conditions and limitations regarding the PIC and other crewmember qualifications and training

................................ ................................ . 11

3.4 Conditions and limitations regarding R4 manuals related to UAS operations

................................ ................................ ................................ ................... 11

4. REQUEST FOR DETERMIN ATION UNDER SECTION 333 OF FMRA

................................ 14
5. INFORMATION REQUIRED BY 14 C.F.R. § 11.81 TO SUPPORT A PETITIO N FOR EXEMPTION

................................ ................................ ................................ .................... 14
5.1 Contact information:

................................ ................................ ................................ .. 14
5.2 The specific section or sections of the FAR from which R4 seeks an exemption:

................................ ................................ ................................ .................. 15
5.3 The extent of relief sought and the reason relief is sought:

................................ . 15
5.4 Reasons why granting the request would be in the public interest:

................... 27
5.5 Reasons why granting the exemption would not adversel y affect safety, or how the exemption would provide a level of safety at least equal to that provided by the rule from which exemption is sought:

................................ ................................ ................................ ........................ 27
5.6 Summary that can be published in Federal Register, including the rule from which exemption is sought, and a brief description of the nature of the exemption sought:

................................ ................................ .............. 29
5.7 Additional information that supports request:

................................ ....................... 29
5.8 Request to exercise the privileges of the exemption outside the U.S.:

................................ ................................ ................................ ............................. 29
5.9 Attachments:

................................ ................................ ................................ .............. 29

6. CONCLUSION

................................ ................................ ................................ .......................... 29HOGAN LOVELLS US LLP

3 1. INTRODUCTION AND SUM MARY OF PROPOSED SMA LL UAS OPERATIONS Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) and 14 C.F.R. (“FAR”) Part 11, Robot & Vision, Inc., d/b/a R4Robotics (“R4”) seeks an exemption from certain sections of the FAR (detailed below in Sections 5.2 and 5.3) to allow commercial operation of small unmanned aircraft systems ( i.e., “small unmanned aircraft” or “UAS”) for aerial data collection. Specifically, R4 s eeks to operate the following proprietary vehicles: Small R4 Roller, Large R4
Roller, R4 Industrial Model

— Standard Quad configuration, R4 Industrial Model

— Standard Hexa configuration, R4 Industrial Model

— Long Endurance & High Payload Quad configuration, an d the Xamen Technologies LE4

- 8X Dual ATEX Model (collectively referred to as “R4 proprietary vehicles”). In addition to these proprietary vehicles, R4 requests that it be allowed to operate any UAS that has previously been approved for operations under an exemption to Section 333 of FMRA. R4 submits that there is no practical value in requiring an exemption holder to seek to amend its exemption (and the FAA to evaluate that request) every time it wants to operate a UAS that the FAA has already found merit s a waiver from the statutory requirement that the aircraft have an
airworthiness certificate under Section 333. To the extent that the FAA determines that each UAS model must be listed in the exemption, R4 requests that it be allowed to operate the follo wing commercially available vehicles in addition to the R4 proprietary vehicles: the DJI Phantom 2 Vision, DJI Phantom 3, DJI Inspire 1, DJI Spreading Wings S800, DJI Spreading Wings S900, DJI Spreading Wings S1000, DJI Spreading Wings S1000+, DJI F550 Fla meWheel, DJI F450 FlameWheel, 3D Robotics Solo, 3D Robotics X8, 3D Robotics X8+, 3D Robotics Iris, 3D Robotics
Iris+, 3D Robotics X8

- M, 3D Robotics Aero

- M, 3D Robotics Spektre Industrial Multi

- Rotor Aerial Vehicle, Draganflyer X4

- ES, Ascending Technologies (AscTec) Falcon 8, Aeryon Labs SkyRanger, Aeryon Scout, Altus X

- 4, Altus X

- 8, and the Sky Flight Robotics Mantra Ray UAS (collectively referred to as “commercially available UAS vehicles”). R4 respectfully submits that this Petition qualifies for expedit ed approval, as the FAA has previously issued grants of exemption in circumstances similar in all material respects to those presented herein.HOGAN LOVELLS US LLP

4 As explained below, R4’s proposed UAS operations will comply with the conditions and limitations imposed in recent summary grant exemptions. See , e.g. , Exemption No. 12794 (September 9, 2015; Docket FAA

- 2015

- 2647) (“ Aeronautic Imagery Exemption ”); Exemption No. 11741 (June 5, 2015; Docket FAA

- 2015

- 0892) (“ Witt Tech Exemption ”); Exemption No. 11691 (May
26, 201 5; Docket FAA

- 2015

- 0119) (“ OpenSky Drones Exemption ”). Compliance with these conditions and limitations will ensure that the proposed operations do not adversely affect safety and will provide an equivalent or greater level of safety than that provided by the rules from which exemption is sought. See FAR § 11.81. Given R4’s agreement to comply with these conditions and limitations, and given that this Petition is similar in all material respects to previously filed petitions that have been granted on a s ummary grant basis, and that the proposed UAS operations fall within the “aerial data collection” category of use permitted by numerous summary grant exemptions, no new precedent would be set by granting the requested exemption, and any delay in the FAA’s acting on this Petition would be detrimental to R4 and delay its research and implementation of these use cases. Accordingly, and consistent with the Aeronautic Imagery Exemption , at 1, the Witt Tech Exemption , at 1, and the OpenSky Drones Exemption , at 1 , good cause exists for the FAA to move forward with consideration of this Petition and the grant of the requested exemptions without publishing a summary of the Petition in the Federal Register. In addition to this Petition for Exemption, R4 will also sub mit a technical data package for the R4 proprietary vehicles under separate cover. R4 submits this technical data package as a confidential document under separate cover pursuant to FAR § 11.35(b), as the material contains confidential commercial and propr ietary information that R4 has not and will not share with others. The information contained in the technical data package is not generally available to the public and is protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.
2. B ACKGROUND OF PETITIO NER R4 has its roots in Vision Guided Robotics, predominantly in the Automotive and Food Industries. As early as 2012, R4 sponsored universities seeking to enable UAS related technologies. For example, the “Roller” was c o - developed with IIT

- Chicago and R4 hasHOGAN LOVELLS US LLP

5 commercialized the product and holds the commercial rights. Other co

- operations exist with European companies (EXABOTICS, WidaCom) for proven frame, sensor, and data transmission technologies. The founding company w as joined by the U.S. Champion for remote control gliders with thousands of hours in the airspace. R4 is the first company for contract testing with the Michigan branch of the NUAIR test site, which also provides licensed and experienced pilots and
test f acilities. R4’s presently targeted markets are in infrastructure, especially Utilities and in Security markets, including law enforcement SWAT teams. R4 is one of the few companies with a complete range of smaller to larger copters. The caged “Rollers” are ideal for close quarters SWAT team situations or for inspecting utility poles closely surrounded by trees. The larger payload copters are ideal for inspection of high voltage transmission towers or other infrastructure. With its worldwide partnership s, its own developments and ongoing research with universities and FAA test sites, R4 is flexible enough and poised to answer the ever developing needs in the new UAS field.

3. PROPOSED UAS AND CON DITIONS AND LIMITATI ONS
The FAA is familiar with and has alrea dy determined that all but one of the commercially available UAS vehicles chosen by R4 meet the requirements of Section 333 of FMRA due to their weight, speed and operational capabilities. See e.g. ,

 DJI Phantom 2 Vision : Exemption No. 11768 to Copper Ci ty Aviation Services LLC

 DJI Phantom 3 : Exemption No. 11788 to Birds Eye Aerial Photography, Inc.

 DJI Phantom 1 : Exemption No. 11577 to HAZON Solutions

 DJI Spreading Wings S800 : Exemption No. 11606 to Aerial Appeal

 DJI Spreading Wings S900 : Exemption No. 11710 to Fly Low Aero

 DJI Spreading Wings S1000 : Exemption No. 11633 to Principia Inc.  DJI Spreading Wings S1000+ : Exemption No. 11777 to SkyGizmo

 DJI F550 FlameWheel : Exemption No. 11318 to Micro Drone Vision, Inc.

 3D Robotics X8 : Exemption No. 11 521 to SkyWard IO, Inc.

 3D Robotics X8+: Exemption No. 11626 to Olssson Associates

 3D Robotics Iris: Exemption No. 11533 to AviTronics Integrated Solutions LLC

 3D Robotics Aero
- M : Exemption No. 11626 to Olsson AssociatesHOGAN LOVELLS US LLP

6  3D Robotics X8
- M : Exemption No . 12073 to Crossview Concepts Corporation, Inc.

 3D Robotics Spektre Industrial Multi
Rotor Aerial Vehicle : Exemption No. 11206 to BNSF Railway Co.

 Draganflyer X4
- ES : Exemption No. 11281 to Draganfly Innovations, Inc.

 Ascending Technologies (AscTec) Falcon 8 : Exemption No. 11277 to Advanced Aerial Inspection Resources  Aeryon Labs SkyRanger: Exemption No. 11259 to the Dow Chemical Company

 Aeryon Scout : Exemption No. 11436 to Unmanned Experts, Inc.

 Altus X
- 4 : Exemption No. 11172A to Blue

- Chip Unmann ed Aerial Solutions, Inc.

 Altus X
- 8 : Exemption No. 11172A to Blue

- Chip Unmanned Aerial Solutions, Inc.

The FAA has found the following shared characteristics of the commercially available UAS vehicles chosen by R4 to warrant approval for a grant o f exemption:

 They all weight less than 55 pounds including payload;

 They all have the capability to operate safely after experiencing certain in

- flight contingencies or failures and use an auto

- pilot system to maintain UAS stability and control.

 The ra dio frequencies used for operations and control of the UAS comply with the Federal Communications Commission (“FCC”) and other appropriate government oversight agency requirements; and

 The UAS all operate at a speed of 87 knots or less. All the R4 propr ietary vehicles and the Sky Flight Robotics Mantra Ray UAS also meet the requirements of Section 333 of FMRA due to their weight, speed and operational capabilities. A brief summary of the design specifications for the R4 proprietary vehicles and the Sky Flight Robotics Mantra Ray UAS are located in Appendices A and B of this Petition. Additional details for the R4 proprietary vehicles are also located in the technical data package, which will be submitted under separate cover.
The small UAS o perations proposed in this Petition will be subject to the following conditions
and limitations. As noted above, these conditions and limitations are the same conditions and limitations as those contained in previously granted Section 333 exemptions, incl uding recent summary grant exemptions. To facilitate the FAA’s review of this Petition, R4 provides a chart at the
end of this Section 3 cross

- referencing the conditions and limitations from the Aeronautic ImageryHOGAN LOVELLS US LLP

7 Exemption and OpenSky Drones Exemption , w ith the corresponding conditions and limitations outlined below. Collectively, these conditions and limitations ensure that the proposed UAS operations will not adversely affect safety and will provide at least an equivalent level of safety to the
rules f rom which exemption is sought.

3.1 Conditions and limitations regarding the proposed UAS Each UAS operated under the exemption will be subject to the following conditions and

limitations:

3.1.1 Operations under the exemption will be limited to the Small R4 Roller, L arge R4

Roller, R4 Industrial Model

— Standard Quad configuration, R4 Industrial Model

— Standard Hexa configuration, R4 Industrial Model

— Long Endurance & High Payload Quad configuration, Xamen Technologies LE4

- 8X Dual ATEX Model, DJI Phantom 2 Vision, DJI Pha ntom 3, DJI Inspire 1, DJI Spreading Wings S800, DJI Spreading Wings S900, DJI Spreading Wings S1000, DJI Spreading Wings S1000+, DJI F550 FlameWheel, DJI F450 FlameWheel, 3D Robotics Solo, 3D Robotics X8, 3D Robotics X8+, 3D Robotics Iris, 3D Robotics Iri s+, 3D Robotics X8

- M, 3D Robotics Aero

- M, 3D Robotics Spektre Industrial Multi

- Rotor Aerial Vehicle, Draganflyer X4

- ES, Ascending Technologies (AscTec) Falcon 8, Aeryon Labs SkyRanger, Aeryon Scout, Altus X

- 4, Altus X

- 8, and the Sky Flight Robotics Mantra Ray UAS. The UA will have a gross weight of not more than 55 pounds, including energy sources, equipment, and payload. Proposed operations of any other UAS will require a new petition or a petition to amend this exemption. [ Aeronautic Imagery Exemption Li mitation No. 1; OpenSky Drones Exemption Limitation No. 1.] 1

3.1.2 The UA will not be operated at airspeeds greater than the maximum UA operating

speed recommended by the UA manufacturer, and in no event will it be operated at a speed exceeding 87 knots (100 m iles per hour). [ Aeronautic Imagery Exemption Limitation No. 3; OpenSky Drones Exemption Limitation No. 3.]

3.1.3 The UA will be identified by its serial number and registered with the FAA in

accordance with FAR Part 47. [ Aeronautic Imagery Exemption Limitati on No. 22; OpenSky Drones Exemption Limitation No. 22.]

1 Alternatively, should the FAA agree with R4 that there is no practical value in requiring an exemption holder to seek to amend its exemption every time it wants to operate a UAS that the FAA has already found merits a waiver from the statutory requirement that the aircraft have an airworthiness certificate under Section 333, R4 proposes the following condition and limitation: “Operations under the exemption will be limited the Small R4 Roller, Large R4 Roller, R4 Indus trial Model

— Standard Quad configuration, R4 Industrial Model

— Standard Hexa configuration, R4 Industrial Model

— Long Endurance & High Payload Quad configuration, Xamen Technologies LE4

- 8X Dual ATEX Model, and other small UAS that the FAA has previously appro ved for operations under an exemption to Section 333 of FMRA. The UA will have a gross weight of not more than 55 pounds, including energy sources, equipment, and payload.”HOGAN LOVELLS US LLP

8 3.1.4 The UA will have identification markings in accordance with FAR Part 45, with the

markings being as large as practicable. [ Aeronautic Imagery Exemption Limitation No. 22; OpenSky Drones Exemption Li mitation No. 22.]

3.2 Conditions and limitations regarding the proposed UAS operations All UAS operations under the exemption will be subject to the following conditions and

limitations:

3.2.1 All UAS operations will be covered by an Air Traffic Organization (“ATO” )

- issued

Certificate of Waiver or Authorization (“COA”). All UAS operations will be conducted in accordance with the airspace requirements in the ATO

- issued COA. Should R4 want to conduct operations that cannot be conducted under the terms of the blanket COA accompanying this exemption, R4 will apply for a new or amended COA. [ Aeronautic Imagery Exemption Limitation No. 21; OpenSky Drones Exemption Limitation No. 21.]

3.2.2 Operations for the purpose of closed

- set motion picture and television filming are

no t permitted. [ Aeronautic Imagery Exemption Limitation No. 2; OpenSky Drones Exemption Limitation No. 2.]

3.2.3 The UA will not operate within 5 nautical miles of an airport’s reference point

(“ARP”) as denoted in the current FAA Airport/Facility Directory, or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

- published aeronautical chart, unless a letter agreement with that airport’s management is obtained or such an operation is otherwise permitted by a COA iss ued to R4. R4 will make the letter agreement available to the FAA or any law enforcement official upon request. [ Aeronautic Imagery Exemption Limitation No. 16; OpenSky Drones Exemption Limitation No. 16.]

3.2.4 The minimum crew for each UAS operation will co nsist of one Pilot in Command

(“PIC”) and one Visual Observer (“VO”). The PIC will be designated before the flight, and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the functions presc ribed for the VO. [ Aeronautic Imagery Exemption Limitation No. 6; OpenSky Drones Exemption Limitation No. 6.]

3.2.5 The UA will be operated within the visual line of sight (“VLOS”) of the PIC and VO

at all times. The PIC will maintain VLOS with human vision u naided by any device other than corrective lenses as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license. [ Aeronautic Imagery Exemption Limitations No. 5, 6; OpenSky Drones Exemption Limitations No. 5, 6.] The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. [ Aeronautic Imagery Exemption Limitation No. 6; OpenSky Drones Exemption Limitation No. 6.]

3.2.6 During each UAS operation, the PIC and the VO will be able to communica te

verbally with each other at all times. Electronic messaging or texting by the PIC and the VO shall not permitted during UAS flight operations. [ Aeronautic Imagery Exemption Limitation No. 6; OpenSky Drones Exemption Limitation No. 6.]HOGAN LOVELLS US LLP

9 3.2.7 The PIC will be prohibited from beginning a UAS flight unless (considering wind

and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or, if greater, with the rese rve power recommended by the UA manufacturer. [ Aeronautic Imagery Exemption Limitation No. 20; OpenSky Drones Exemption Limitation No. 20.]

3.2.8 Prior to each UA flight, the PIC will conduct a pre

- flight inspection and determine

that the UAS (including the Gr ound Control Station) is in a condition for safe flight. The pre

- flight inspection will account for all potential discrepancies, e.g., non functioning components, items or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the UA is prohibited from operating until the necessary maintenance has been performed and documented, and the UAS is found to be in a condition for safe flight. [ Aeronautic Imagery Exemption Limitation No. 10; OpenSky Drones Exemption Limitatio n No. 10.]

3.2.9 The operator shall be responsible for maintaining and inspecting the UAS to ensure

that it is in a condition for safe operation. [ Aeronautic Imagery Exemption Limitation No. 9; OpenSky Drones Exemption Limitation No. 9.]

3.2.10 During each UAS oper ation, the UA will remain at or below 400 feet above ground

level (“AGL”). [ Aeronautic Imagery Exemption Limitation No. 4; OpenSky Drones Exemption Limitation No. 4.]

3.2.11 Altitude reports made to ATC or other persons shall be reported in feet AGL.

[ Aeronautic Imagery Exemption Limitation No. 4; OpenSky Drones Exemption Limitation No. 4.]

3.2.12 All UAS operations will be conducted over properties owned or controlled by R4 as

well as other private or controlled

- access property with permission from the property owner

/controller or authorized representative. For properties not owned or controlled by R4, permission from the property owner/controller or authorized representative will be obtained for each flight to be conducted. [ Aeronautic Imagery Exemption Limitation N o. 27; OpenSky Drones Exemption Limitation No. 27.]

3.2.13 The UA will operate at least 500 feet from all non

- participating persons, vessels,

vehicles, and structures unless: (a) Barriers or structures are present that sufficiently protect non

- participating

perso ns from the UA and/or debris in the event of an accident. R4 must ensure that non

- participating persons remain under such protection; and if a situation arises where non

- participating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of non

- participating persons; and/or (b) The owner/controller of any vessels, vehicles or structures has granted

permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.HOGAN LOVELLS US LLP

10 The PIC, VO, operator trainees, and essential persons are not considered non

participating persons under this exemption. [ Aeronautic I magery Exemption Limitation No. 26; OpenSky Drones Exemption Limitation No. 26.]

3.2.14 All UAS operations will take place during visual meteorological conditions (“VMC”)

only. [ Aeronautic Imagery Exemption Limitation No. 15; OpenSky Drones Exemption Limitation No. 15.]

3.2.15 R4 will not operate UAS flights under Special Visual Flight Rules (“SVFR”).

[ Aeronautic Imagery Exemption Limitation No. 15; OpenSky Drones Exemption Limitation No. 15.]

3.2.16 All UAS operations will take place during daylight hours. UAS operation s will not

be conducted during night, as defined in 14 C.F.R. § 1.1. [ Aeronautic Imagery Exemption Limitation No. 15; OpenSky Drones Exemption Limitation No. 15.]

3.2.17 During each UAS operation, the UA will avoid, remain clear of, and yield right

- of

way to, all manned aviation operations and activities at all times. [ Aeronautic Imagery Exemption Limitation No. 24; OpenSky Drones Exemption Limitation No. 24.]

3.2.18 The UA will not be operated less than 500 feet below, or less than 2,000 feet

horizontally from, a cloud, or when visibility is less than 3 statute miles from the PIC. [ Aeronautic Imagery Exemption Limitation No. 17; OpenSky Drones Exemption Limitation No. 17.]

3.2.19 The UAS will not be operated by the PIC from any moving device or vehicle.

[ Aeronautic Imag ery Exemption Limitation No. 25; OpenSky Drones Exemption Limitation No. 25.]

3.2.20 Any UAS that has undergone maintenance or alterations that affect the UAS

operation or UA flight characteristics (e.g., replacement of a flight critical component) shall underg o a functional test flight prior to conducting further operations under this exemption. Functional test flights will only be conducted by a PIC with a VO, and must remain at least 500 feet from other people. The functional test flight will be conducted i n such a manner so as to not pose an undue hazard to persons and property. [ Aeronautic Imagery Exemption Limitation No. 8; OpenSky Drones Exemption Limitation No. 8.]

3.2.21 If the UAS loses communications or its GPS signal during any operation, the UA

will ret urn to a pre

- determined location within the private or controlled

- access property. [ Aeronautic Imagery Exemption Limitation No. 18; OpenSky Drones Exemption Limitation No. 18.]

3.2.22 The PIC will adhere to the written emergency procedures in the Manuals, and wi ll

abort the UAS operation and UA flight in the event of unpredicted obstacles or emergencies. [ Aeronautic Imagery Exemption Limitation No. 19; OpenSky Drones Exemption Limitation No. 19.]

3.2.23 The documents used by the operator to ensure the safe operation a nd flight of the

UAS and any documents required under 14 C.F.R. §§ 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the UAS at any time the UA is operating, and will be made available to the FAA or any law enforcement officialHOGAN LOVELLS US LLP

11 upon request. [ Aeronautic Imagery Exemption Limitation No. 23; OpenSky Drones Exemption Limitation No. 23.]

3.2.24 Any incident, accident or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicabl e COA will be reported to the FAA’s UAS Integration Office (AFS

- 80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (“NTSB”) per instructions contained on the NTSB website: www.ntsb.gov. [ Aeronautic Imagery Exemptio n Limitation No. 28; OpenSky Drones Exemption Limitation No. 28.]

3.3 Conditions and limitations regarding the PIC and other crewmember qualifications and training The PIC and other crewmembers for each UAS operation under the requested exemption

will be su bject to the following conditions and limitations:

3.3.1 The PIC must hold (i) either an ATP, commercial, private, recreational or sport pilot

certificate; and (ii) a current FAA airman medical certificate or a valid driver’s license issued by a State, the Distr ict of Columbia, Puerto Rico, a U.S. territory/possession, or the Federal Government. The PIC must satisfy the flight review requirements of 14 C.F.R. § 61.56 in an aircraft for which the PIC is rated on his or her pilot certificate. [ Aeronautic Imagery E xemption Limitation No. 13; OpenSky Drones Exemption Limitation No. 13.]

3.3.2 R4 will not permit any PIC to operate the UAS unless the PIC demonstrates the

ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this e xemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles, and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flight s for the purposes of training R4’s PICs and VOs (training, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption will be permitted un der the terms of this exemption. These training operations, however, may only be conducted during dedicated training sessions. [ Aeronautic Imagery Exemption Limitation No. 14; OpenSky Drones Exemption Limitation No. 14.]

3.3.3 During training, proficiency, an d experience

- building flights, all persons not

essential for flight operations are considered non

- participants, and the PIC shall operate the UA with appropriate distance from non

- participants in accordance with 14 C.F.R. § 91.119. [ Aeronautic Imagery Exe mption Limitation No. 14; OpenSky Drones Exemption Limitation No. 14.]

3.4 Conditions and limitations regarding R4 manuals related to UAS operations R4 has the manufacturer’s manuals and/or technical data packages for the selected UAS platforms (collectively , the “Manuals”). The Manuals will be subject to the following limitations and

conditions:HOGAN LOVELLS US LLP

12 3.4.1 The Operating Documents 2 must be accessible during UAS operations and made

available to the FAA upon request. If a discrepancy exists between the conditions and li mitations in the exemption and the procedures outlined in the other Operating Documents, the conditions and limitations in the exemption take precedence and must be followed. Otherwise, R4 must follow the procedures as outlined in the Operating Documents. [ Aeronautic Imagery Exemption Limitation No. 7; OpenSky Drones Exemption Limitation No. 7.]

3.4.2 R4 may update or revise its Operating Documents, and it is R4 ’s responsibility to

track such revisions and present updated and revised Operating Documents to the FAA or any law enforcement official upon request. R4 must also present updated and revised Operating Documents if it petitions for an extension or amendment of the exemption. If R4 determines that any update or revision would affect the basis upon which the FAA granted the requested exemption, then R4 must petition for an amendment to the exemption. R4 will contact the FAA’s UAS Integration Office (AFS

- 80) if questions arise regarding updates or revisions to the Operating Documents. [ Aeronautic Imagery Exemption Limitation No. 7; OpenSky Drones Exemption Limitation No. 7.]

3.4.3 Each UAS operated under the exemption will comply with all manufacturer safety

bulletins. [ Aeronautic Imagery Exemption Limitation No. 12; OpenSky Drones Exemption Limitation No. 12. ]

3.4.4 R4 will follow the UAS manufacturer’s maintenance, overhaul, replacement,

inspection, and life limit requirements for the UAS and UAS components. [ Aeronautic Imagery Exemption Limitation No. 11; OpenSky Drones Exemption Limitation No. 11.]
In sum, R4 ’s operations under this exemption will be subject to the same conditions and limitations imposed in the summary grant Aeronautic Imagery Exemption and OpenSky Drones Exemption

. CROSS

- REFERENCES Aeronautic Imagery Exemption Limitation No. OpenSky Drones Ex emption Limitation No. Petition Limitation No.

1 3.1.1

2 3.2.2

3 3.1.2

2 “Operating Documents” means this exemption, the Manuals, and all other document s needed by R4 to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption. [ Aeronautic Imagery Exemption Limitation No. 7; OpenSky Drones Exemption Limitation No. 7.]HOGAN LOVELLS US LLP

13 4 3.2.10, 3.2.11

5 3.2.5

6 3.2.4, 3.2.5, 3.2.6

7 3.4.1, 3.4.2

8 3.2.20

9 3.2.9

10 3.2.8

11 3.4.4

12 3.4.3

13 3.3.1

14 3.3.2, 3.3.3

15 3.2.14, 3.2.15, 3.2.16

16 3.2.3

17 3.2.18

18 3.2.21

19 3.2.22

20 3.2.7

21 3.2.1

22 3.1.3, 3.1.4

23 3.2.23

24 3.2.17

25 3.2.19

26 3.2.13

27 3.2.12HOGAN LOVELLS US LLP

14 28 3.2.24

4. REQUEST FOR DETERMIN ATION UNDER SECTION 333 OF FMRA In accordance with FMRA Section 333, R4 requests that the Secretary o f Transportation

determine that its proposed small UAS operations (i) do not create a hazard to users of the National Airspace System or the public, and (ii) do not pose a threat to national security. R4 further requests that, based on the Secretary’s det ermination, the FAA determine

– as it did in the Aeronautic Imagery Exemption and the OpenSky Drones Exemption

– that relief from FAR Part 21 and any associated noise certification and testing requirements of FAR Part 36 is not necessary for the UAS
operat ions proposed in this Petition

. 3

5. INFORMATION REQUIRED BY 14 C.F.R. § 11.81 TO SUPPORT A PETITIO N FOR EXEMPTION As required by FAR § 11.81, R4 provides the following information in support of this Petition:

5.1 Contact information:

Name : R4 submits this Petiti on for Exemption, through counsel, Lisa Ellman, and Matthew Clark Mailing address : Lisa Ellman and Matthew Clark

Counsel for Robot & Vision, Inc., d/b/a R4Robotics Hogan Lovells US LLP 555 13 th Street, NW Washington, DC 20004 Telephone/F acsimile number : (T) 202

- 637

- 6934 (Ellman) / 703

- 610

- 6154 (Clark) (F) 202

- 637

- 5910

3 Aeronautic Ima gery Exemption , at 2; OpenSky Drones Exemption , at 2. If the FAA concludes that the UAS operations proposed in this Petition require an exemption from FAR Parts 21 and/or 36, then R4 requests that the FAA include that relief in the exemption.HOGAN LOVELLS US LLP

15 E

- mail addresses : lisa.ellman@hoganlovells.com matt.clark@hoganlo vells.com
5.2 The specific section or sections of the FAR from which R4 seeks an exemption:

FAR Description § 61.23(a) and (c) Medical certificates: Requirement and Duration.
§ 61.101(e)(4) and (5) Recreational pilot privileges and limitations. § 61.113 (a) and (b) Private pilot privileges and limitations: Pilot in command. § 61.315(a), (c)(2), and (c)(3) What are the privileges and limits of my sport pilot certificate? § 91.7(a) Civil aircraft airworthiness.
§ 91.119(c), (d) Minimum safe altitudes: General. § 91.121 Altimeter settings. § 91.151 Fuel requirements for flight in VFR conditions. § 91.405(a) Maintenance required. § 91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding, and inspections. § 91.409(a)(1) and (2) In spections. 91.417(a) and (b) Maintenance records.
5.3 The extent of relief sought and the reason relief is sought: R4 intends to conduct aerial data collection by operating the small UAS models described herein. By way of example, th e proposed aerial data collection activities, includes, but is not limited to, aeronautical research and development activities, marketing and product demonstrations, aerial inspection, aerial survey and remote sensing, precision agriculture, capturing hig h

- resolution imagery of infrastructure to include items such as elevated oil/gas pipelines, powerlines/power infrastructure, wells, tanks, flare stacks, columns, tower structures, antenna systems, tall monuments, water towers, dams, power transmission or c ommunication systems, wind turbines, agricultural silos, signs/billboards, light poles, bridges, rooftops, building façades, and other industrial plant/site infrastructure. In order to be able to conduct these UAS operations, R4 petitions the FAA,
pursuant to FAR §§ 11.61(b), 11.63(a), and 11.81(b), for an exemption from the following FAR for

the reasons noted:HOGAN LOVELLS US LLP

16 FAR § 61.23(a) and (c)
- – Medical certificates: Requirement and Duration.

FAR § 61.101(e)(4) and (5)

– Recreational pilot privileges and limitatio ns. The regulation states, in relevant part: (e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in command of an aircraft

— (4) For compensation or hire; (5) In furtherance of a business; . . . . FAR § 61.113(a) and (b)

– Private pilot privileges and limitations: Pilot in command. The regulation states, in relevant part: (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.
(c) ****. FAR § 61.3 15(a) and (c)(2), (c)(3)

– What are the privileges and limitations of my sport pilot certificate? The regulation states, in relevant part: (a) If you hold a sport pilot certificate you may act as pilot in command of a light

- sport aircraft, except as spec ified in paragraph (c) of this section. . . .

. . . . (2) For compensation or hire. (3) In furtherance of a business. . . . R4 requests an exemption from these regulations to the extent necessary to permit R4 to conduct UAS operations using PICs who h old (i) an FAA private pilot, recreational pilot, or a sport pilot certificate, and (ii) an FAA airman medical certificate or a state driver’s license. While R4 recognizes that the FAA normally requires a PIC to hold a commercial pilot certificate where th ere isHOGAN LOVELLS US LLP

17 compensation either to the pilot or for the operation, R4 requests that the FAA exempt R4 and its PICs from this requirement since the use of at least a sport pilot as the PIC for the UAS operations under this exemption will be more safe than the us e of a commercial pilot for manned aircraft operations. Unlike conventional aircraft, R4’s UAS are lightweight, remotely controlled, battery

powered (not fuel/gas), and carry no crew or passengers. The fulfillment of the additional requirements for a spo rt, recreational or private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved.
The differences between the aeronautical knowledge and aeronautical experience requirements for sport pilots and for commercial pilots are significant in the traditional world of manned aircraft. However, no aspect of this incremental additional knowledge or aeronautical experience is significant for the daytime, VMC, low

- altitude, VLOS, small UAS operations over private or controlled access properties with property owner/controller permission as proposed in this Petition. Put another way, there are stark and fundamental differences between the type of experience and aeronautical knowledge that the PIC of a commercial manned aircraft with passengers and property should have, versus the type of experience and aeronautical knowledge that the PIC of a small UAS should have, in order to avoid imperiling passengers or property. In
R4’s case, the small a mount of property carried aboard the UA will be R4’s property. While the PIC will be compensated, all risk of damage to the property (in fact to the UAS itself) will be borne by R4. There is no expectation or need for the PIC of the small UA to have the type of experience or aeronautical knowledge that a commercial pilot for a manned aircraft would have. Similarly, the
differences between the flight proficiency requirements for sport pilots and commercial pilots are not substantively significant here whe re the operations will be conducted strictly during daylight VMC conditions, within VLOS, at altitudes no higher than 400 feet AGL. Accordingly, there is no reason to require the UAS PIC to have more aeronautical knowledge, experience, and flight proficie ncy than that required for a sport pilot certificate. Given that R4 plans to operate its UAS over private or controlled

- access property and at low altitudes during daytime in VMC, the parallel nature of sport pilot aeronautical knowledgeHOGAN LOVELLS US LLP

18 requirements to th ose of commercial requirements, the limited airmanship skills necessary to operate this small UAS, and the lack of additional safety benefits for the proposed UAS operations here resulting from commercial pilot experience, the PIC under this exemption shou ld only be required to hold, at most, a sport pilot certificate. Such a condition would be consistent with the certificate requirements imposed on the PIC in the Aeronautic Imagery Exemption and the OpenSky Drones Exemption

. For these reasons, and consist ent with recent summary grant exemptions, R4 requests that the FAA grant an exemption to permit R4 to use as PIC of its proposed UAS operations pilots who hold at least a sport pilot certificate and either an FAA third

- class airman medical certificate or a state driver’s license, so long as they satisfy the conditions and limitations proposed in this Petition, including the PIC qualification and training requirements. FAR § 91.7(a)

– Civil aircraft airworthiness.
The regulation states in relevant part:
(a) No person may operate a civil aircraft unless it is in an airworthy condition. . . .
To the extent necessary for the proposed operations in this Petition, R4 requests an exemption from this provision. 4 The UAS will not require an airworthiness certific ate under FAR Part 21, Subpart H, and thus relief is requested from this regulation. See Exemption No. 11110 (December 10, 2014; Docket FAA

- 2014

- 0367) (“ Trimble Exemption ”), at 16. An exemption is warranted because R4 understands that, notwithstanding th e lack of an airworthiness certificate, the FAA will consider its “compliance with [R4’s Manuals] to be sufficient means for determining an airworthy condition” and that R4 must still determine the UA’s airworthiness prior to each flight based on complianc e with such Manuals. Trimble Exemption , at 16. FAR § 91.119(c) and (d)(1)

– Minimum safe altitudes: General. The regulation states:

4 R4 reque sts exemption from FAR § 91.7(a) based on the relief granted in the Trimble Exemption , at 16, 21. However, R4 notes that the FAA determined that no such exemption was needed in Exemption No. 11062 (September 25, 2014; Docket FAA

- 2014

- 0352) (“ Astraeus Exem ption ”) at 19, 22.HOGAN LOVELLS US LLP

19 Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

... (b) Ove r 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 congest ed 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. (d) Helicopters, powered parachut es, and weight

- shift

- control aircraft. If the operation is conducted without hazard to persons or property on the surface

— (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and

... R4 requests an exemption from this regulation to the extent necessary to permit it to conduct UAS operations at altitudes lower th an those permitted by FAR § 91.119, since the ability to operate at those altitudes are one of the key benefits of using small UAS for these flights. Even at these low altitudes, R4’s UAS operations will be conducted at a level of safety at least equal to that which would be achieved if larger manned aircraft were to be used at the altitudes required by FAR §

91.119. With respect to paragraph (a), R4 intends to comply with this requirement to the same extent as would a manned aircraft, meaning that the UA must operate at an altitude such that the loss of a single power unit aboard the UA or used by the UAS would still permit an emergency landing “without undue hazard to persons or property on the surface.” R4 agrees with the FAA’s reasoning

on this issue in the Astraeus Exemption , at 20, and therefore does not believe that relief is required from paragraph (a). Regarding sub

- paragraph (b), R4 plans to operate these small UAS over properties that R4

owns or controls a nd other private or controlled

- access properties (with owner/controller permission) in areas that are not congested or densely populated. Accordingly, R4 does not believe that an exemption is necessary from this paragraph (b) covering “congested areas”.HOGAN LOVELLS US LLP

20 Finally, with respect to sub

- paragraph (c), R4 requests an exemption to allow UAS operations down to the surface, both in sparsely populated areas and in “ other than congested ” areas. R4’s UAS operations require lower

- level flying, but have a number of s elf

- imposed restrictions to ensure at least an equivalent level of safety. See Proposed Limitations 2.2.12 and

2.2.13. Even with a grant of this exemption, the UAS operations will be at least as safe as operations by manned aircraft that comply with this paragraph. Flying a manned aircraft, given its weight, size, speed, and fuel load, would pose a significant risk relative to the use of a small UA, with a much smaller size and lighter weight, operating at much slower speeds, with batteries rather than a significant fuel load, at all times within VLOS of the PIC on the ground who has a wide view. Accordingly, as the FAA determined in the Trimble Exemption , at 17

- 18, relief is warranted here provided that R4 adheres to its Manuals and the additional conditions and limitations outlined above and in the exemption. For these reasons, R4 requests relief from the entirety of paragraph (c), as was recently granted in the Aeronautic Imagery Ex emption , at 2, and the OpenSky Drones Exemption , at 2. To the extent necessary, R4 also requests relief from paragraph (d)(1), which applies only to helicopters and allows operation at lower altitudes only if on a prescribed helicopter route. Flying a

man ned helicopter would pose a significantly greater risk than using a small UA for the proposed operations, even if the helicopter is on a specific route or at a specific low height prescribed by the FAA. A manned helicopter is much heavier, larger, and fas ter than a small UA. Moreover, unlike an unmanned, battery

- powered small UA, the helicopter has people on

- board and a fuel load. The operation of a small UA at all times within the VLOS of the PIC on the ground would be at least as
safe as a manned helic opter operation operating in conformity with the requirements of paragraph (d)(1), and therefore an exemption from Section 91.119(d)(1) is warranted. FAR § 91.121

– Altimeter settings.

The regulation states, in relevant part:HOGAN LOVELLS US LLP

21 (a) Each person operating an aircraft shall maintain 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

— (ii) The current reported altimeter setting of a station along the route and within 100 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 with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure; or (2) At or above 18,000 feet MSL, to 29.92′′ Hg. (b) * * * *. To the extent necessary to conduct for the proposed operations, R4 requests an exemption from the altimeter setting requirements of FAR § 91.121. R4 recognizes the critical importance of ensuring that any UA it operates maintains altitude to an accurate reference point. The PIC will check the UA altitude reading prior to each takeoff, and will effectively zero the UA’s altitude at the point of takeoff, to ensure that measurements of the UA’s altitude are as accurate as possible

relative to the local ele vation. To the extent that this methodology does not satisfy FAR § 91.121 or any other regulation, R4 requests an exemption to permit UAS operations using this methodology. FAR § 91.151

– Fuel requirements for flight in VFR conditions. The regulation sta tes: (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 enoug h fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. R4 requests an exemption from FAR § 91.151 to permit R4 to plan its UAS operations as described above. The small UAS op erations proposed in this Petition will (i) involve operations inHOGAN LOVELLS US LLP

22 which one or more UAS is transported by means other than its own power to the operational location, and (ii) begin and end at the operational site, with the takeoff, entire flight, and landi ng all taking place within the immediate proximity of each other while remaining at all times within VLOS of
the PIC. The goal of FAR § 91.151 is to ensure that pilots plan for an extra 20 or 30 minutes of fuel at their first intended point of landing in order to account for unexpected possible delays en route and at the first planned destination. Many of these delays that plague manned aircraft are simply not an issue with the proposed small UAS operations over private or controlled access property, beca use there is virtually no “en route” portion of the flight, and any problems at the point of landing are extremely unlikely to cause delays, since a UA can always land just a few feet away if the intended point of landing becomes unusable.
Given the tech nological and durational limitations of UAS battery power, requiring a full 30 minutes of reserve “fuel” (battery power) could take up much, if not all, of the time available for R4’s UAS operations. R4 believes that using a smaller reserve for UAS flight planning purposes will be at least as safe as using the reserves required by FAR § 91.151 for manned aircraft. To that end, and

consistent with Aeronautic Imagery Exemption Limitation No. 20 and OpenSky Drones Exemption
Limitation No. 20, the PIC under t he requested exemption will be prohibited from beginning a UAS flight unless (considering wind and forecast weather conditions) there is enough power available power for the UA to conduct the intended operation and to operate after that for at least five m inutes or, if greater, with the reserve power recommended by the UA manufacturer. See Proposed Limitation 2.2.7. Such a battery reserve is more than sufficient, particularly in light of the FAA’s acceptance of a 5

- minute reserve in the Aeronautic Imagery Exemption and the OpenSky Drones Exemption . R4 believes that these limitations will further ensure at least an equivalent level of safety. Accordingly, R4 requests an exemption from FAR § 91.151 to permit it to plan and conduct UAS operations subject to the reserve power limitation explained above. FAR § 91.405(a)

– Maintenance required. The regulation states, in relevant part:HOGAN LOVELLS US LLP

23 Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and sh all between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter; (b) ****. R4 requests an exemption from the maintenance and inspection requirements of FAR §

91. 405(a). In the Astraeus Exemption and the Trimble Exemption , the FAA determined that the proposed UAS operations required exemption from FAR § 91.405(a), and that the achievement of an adequate level of safety required certain conditions and limitations. R4 has proposed in Section 3 of this Petition several conditions and limitations related to maintenance and inspections which it believes provide a level of safety at least equivalent to that provided by FAR § 91.405(a). For this
reason, and consistent w ith the exemptions granted from this section in the Aeronautic Imagery Exemption and the OpenSky Drones Exemption , R4 requests an exemption from FAR § 91.405(a) to permit R4 to conduct UAS operations as proposed in this Petition, subject to the conditions and limitations proposed above, without having to perform the inspections and discrepancy repairs required by FAR § 91.405(a). R4 does not believe that an exemption from the remaining paragraphs of FAR § 91.405 is required, since R4 will make appropriate l ogbook entries in aircraft maintenance records in accordance with paragraph (b), appropriately mark any inoperative instrument or item of equipment for which maintenance has been properly deferred in compliance with paragraph (c), and appropriately placard listed discrepancies that include inoperative instruments or equipment in compliance with paragraph (d). FAR § 91.407(a)(1)

– Operation after maintenance, preventive maintenance, rebuilding or alteration. The regulation states: (a) No person may operat e any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

— (1) It has been approved for return to service by a person authorized under §43.7 of this chapter; andHOGAN LOVELLS US LLP

24 (2) The maintenance record entry required by §43.9 or §43.11, as applicable, of this chapter has been made.

. . . . R4 requests an exemption from FAR § 91.407(a)(1) to allow the proposed operations without having to have the UAS approved for return to service by a person authorized under FAR § 4 3.7. In

the Astraeus Exemption , the FAA determined that the proposed UAS operations required exemption from FAR § 91.407(a)(1), subject to certain conditions and limitations

. R4 has proposed in this

Petition maintenance

- related conditions and limitations which it believes provide a level of safety at least equivalent to that provided by FAR § 91.407(a)(1). For this reason, and consistent with the exemptions granted from this section in the Aeronautic Imagery Exemption and the OpenSky Drones Exemption , R4 requests an exemption from FAR § 91.407(a)(1) to permit R4 to conduct UAS operations as proposed in this Petition, subject to the proposed conditions and limitations, without having to have the UAS approved for return to service by a person authorized und er FAR § 43.7. R4 does not believe that an exemption from the remaining paragraphs of FAR § 91.407 is required, since R4 will require that maintenance record entries are made as required, in compliance with paragraph (a)(2), and since no persons will be ca rried following maintenance performed on the UAS, making paragraphs (b) and (c) moot. FAR § 91.409(a)(1) and (2)

– Inspections. The regulation states, in relevant part: (a) Except as provided in paragraph (c) of this section, no person may operate an ai rcraft unless, within the preceding 12 calendar months, it has had

— (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by §43.7 of this chapter; or (2) An inspection fo r the issuance of an airworthiness certificate in accordance with part 21 of this chapter. No inspection performed under paragraph (b) of this section may be substituted for any inspection required by this paragraph unless it is performed by a person auth orized to perform annual inspections and is entered as an “annual” inspection in the required maintenance records. (b)  .HOGAN LOVELLS US LLP

25 R4 requests an exemption from the inspection requirements of FAR § 91.409(a)(1) and (2).

In the Astraeus Exemption , the FAA de termined that the proposed UAS operations required exemption from FAR § 91.409(a)(1) and (2), and that achieving an adequate level of safety required certain conditions and limitations. R4 has proposed in this Petition maintenance and inspection

related c onditions and limitations which it believes provide a level of safety at least equivalent to that provided by FAR § 91.409(a)(1) and (2). For this reason, and consistent with the exemptions granted from this section in the Aeronautic Imagery Exemption and the OpenSky Drones Exemption , R4 requests an exemption to permit R4 to conduct UAS operations as proposed in this Petition, subject to the conditions and limitations outlined herein, without having to comply with the inspection requirements in FAR § 91.40 9(a)(1) and (2). FAR § 91.417(a) and (b)

– Maintenance records. The regulation states, in relevant part: (a) Except for work performed in accordance with §§91.411 and 91.413, each registered owner or operator shall keep the following records for the per iods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (inclu ding 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) of the work performed; and (ii) The date of completion of the work pe rformed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and e ach 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 a specified time basis.HOGAN LOVELLS US LLP

26 (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directiv es (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of t he 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) T he records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained a nd transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under §43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. (c) ** **.

R4 requests an exemption from the maintenance record requirements in FAR § 91.417(a) and (b). The FAA determined in the Astraeus Exemption that the proposed UAS operations required exemption from FAR § 91.417(a) and (b), and that an adequate level of safety required certain conditions and limitations. R4 has proposed in this Petition maintenance, inspection, and records

related conditions and limitations which it believes provide a level of safety at least equivalent to that provide d by FAR § 91.417(a) and (b). For this reason, and consistent with the exemptions granted
from this section in the Aeronautic Imagery Exemption and the OpenSky Drones Exemption , R4 requests an exemption from FAR § 91.417(a) and (b) to allow the proposed o perations, subject to the conditions and limitations outlined herein, without having to keep the records described in FAR § 91.417(a) and (b). This Petition does not seek exemption from certain regulations based on the reasoning and analysis in prior FAA grants of exemption. To the extent that the FAA concludes that an exemptionHOGAN LOVELLS US LLP

27 from one or more other provisions of the FAR would be required to allow the proposed operations in this Petition, R4 also seeks an exemption from those FAR provisions.

5.4 Reasons w hy granting the request would be in the public interest: The public interest will be served in several ways by granting R4’s Petition. First, Congress has established a national policy that favors early integration of UAS into the National Airspace Syst em in controlled, safe working environments such as those proposed in this Petition. Granting this Petition helps fulfill Congress’ goal in passing Section 333(a) through (c) of the FMRA; namely,
the FAA Administrator's assessment of whether certain UAS ma y operate safely in the NAS before completion of the rulemaking required under Section 332 of the FMRA. The proposed UAS operations in this Petition will also improve safety and reduce risk by reducing the public’s exposure to danger associated with aerial data collection activities utilizing full

size fixed

- wing aircraft and rotorcraft. R4’s UAS are battery powered and create no emissions, as compared to the much faster, larger, and fuel

- powered manned aircraft. Any accident involving R4’s lightweight UAS will present significantly less danger to the pilot and other individuals on the ground than one involving a full

- size helicopter or fixed

- wing aircraft.

5.5 Reasons why granting the exemption would not adversely affect safety, or how the exemption would prov ide a level of safety at least equal to that provided by the rule from which exemption is sought:
Throughout this Petition, R4 has discussed how it will ensure the safety of other manned aircraft and persons and property on the ground if the FAA grants the requested exemptions. Consistent with the FAA’s findings in the Aeronautic Imagery Exemption , OpenSky Drones Exemption , and the Trimble Exemption , the conditions and limitations proposed in this Petition, coupled with the operational protocols for the sel ected UAS platforms, ensure a level of safety that is equal to or better than that provided by the rules from which exemption is sought. In general, the risks of any small UAS operation proposed in this Petition interfering with a
manned aircraft would b e minimized by numerous factors, including but not limited to:

 the low altitude at which the UAS would operate;HOGAN LOVELLS US LLP

28  the locations at which the UAS would operate (e.g., remote areas; private or controlled access property; away from airports);

 the small size , light weight, and relatively slow speed of R4’s UAS;

 the restriction on UAS operations to VMC and daytime conditions; and

 the requirement for the UA to be operated within VLOS of the PIC and VO at all times. Moreover, R4’s UAS have the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an auto

- pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of GPS or a lost

- link event with a pre

- coordinated, predictable,

a utomated flight maneuver. These safety features provide an equivalent level of safety compared to a manned aircraft performing a similar operation and mitigate the risk of command and control link
failures. The risks to persons or property on the ground w ould be substantially mitigated

– if not

eliminated

– by these same factors, as well as the 500

- foot set

- off from non

- participating persons, vehicles, and structures absent additional safeguards. Per the conditions and limitations proposed

in this Petitio n, (i) the PIC will suspend/abort the UAS operation and UA flight in the event of unpredicted obstacles or emergencies in accordance with the Manuals; and (ii) R4 will coordinate extensively, as warranted, with the FAA, with local airports, and with proper ty owners to ensure that all UAS operations under the exemption are at least as safe as would be manned aircraft operations used for similar purposes. The conditions and limitations proposed in this Petition (which have been found by the FAA to be accept able for other summary grant exemptions), and the operational safety features of the selected UAS platforms ensure that the proposed operations will not interfere with manned aircraft and will ensure the safety of persons and property on the ground. For th ese reasons, granting an exemption from each section of the FAR from which relief is sought would not adversely affect safety, and would provide a level of safety at least equal to, or greater than, that provided by the rule from which exemption is sought.HOGAN LOVELLS US LLP

29 5.6 Summary that can be published in Federal Register, including the rule from which exemption is sought, and a brief description of the nature of the exemption sought:
R4 proposes that the FAA use the following as the summary:

Docket No.: FAA

- 2015

-

______ Petitioner: R4 Robotics
Sections of 14 CFR: 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) and (b), 61.315(a), (c)(2), and (c)(3), 91.7(a), 91.119(c) and (d)(1), 91.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b).

D escription of Relief Sought: Petitioner seeks an exemption to conduct small UAS operations for aerial data collection.
5.7 Additional information that supports request: R4 is prepared to provide additional information that the FAA might find helpful, or to a nswer questions in response to any FAA requests.
5.8 Request to exercise the privileges of the exemption outside the U.S.: R4 does not request to exercise the privileges of this exemption outside the United States.

5.9 Attachments: A summary of the design speci fications for the R4 proprietary vehicles is attached as Appendix A . R4 will also submit a technical data package for the R4 proprietary vehicles under separate cover pursuant to 14 C.F.R. § 11.35(b).

6. CONCLUSION For the foregoing reasons, R4 respectful ly requests that the FAA grant this Petition for Exemption.HOGAN LOVELLS US LLP

30 Respectfully submitted,

Lisa Ellman Matthew J. Clark 5 Hogan Lovells US LLP
Counsel for Robot & Vision, Inc., d/b/a R4Robotics

5 Matthew Clark is only licensed to practice law in the Commonwealth of Virginia and his practice is limited consistent with Rule 49(c) of the D.C. Court of Appeals.HOGAN LOVELLS US LLP

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37 Appendix B 

## SKY FLIGHT ROBOTICS

Manta Ray UAS

Manta Ray Operational Parameters

 Flight Endurance 50 minutes

 Operational Range Miles or Meters 1.5 mile radius

 Average Setup Time at Field 10 minutes

 Weight of the UAS with power source without any payl oad 3.8 pounds

 Normal MTOW With standard Canon S110 sensor is 4.2 pounds
- Micro Class Compliant

 Can be outfitted with other sensors including a live video link back to the GCS

 Maximum Speed 65 kts

 Average Cruise Speed 38 kts

 Minimum Speed 25 kts

 Maximum Ce iling Feet 5000’AGL

 Takeoff Type Hand Launch

 Landing Type Belly / Hi Alpha Approach

 Climb Rate Feet/Minute 2000’

 Descent Rate Feet/Minute 2500’

 Approach Speed Kts. 30Kts

 Turn Rate Degrees/Second 120 Deg/ Sec.

 Minimum Recommended Takeoff Distance Feet 50’ x 20’

 Minimum Recommended Landing Zone (L x W) Feet 150’ x 50’

 Maximum Operational Wind Speed Kts 26 Kts

 Maximum Operational Precipitation Level Light Mist / Snow

 Minimum and maximum operating temperatures 25 deg.F to 110 deg. F

 Transmitter Communication an d Control Frequency GHz 900 Mhz & 2.4 GHz.

 Is there any airport or restricted airspace avoidance programs incorporated into the UAS platform software? Yes all known airports are shown as know fly zones in a amber color with a 5 mile no fly ring around them . The aircraft will not navigate to any waypoint within these areas.

 How many decibels does the platform produce? 32 dB at 300 feet altitude, 45 dB at 100 ft altitude

 Does the UAS have any GPS

- based or accelerometer

- based stabilization Technology? Yes it h as GPS, Magnetic Compass and a three axis gyro system

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38 Standard Payload
- Canon S110 Camera

 Resolution of the specified sensor 12 Mega Pixel

 Weight of the sensor 6.1 oz

 Camera battery 1050 MAH/ 3.9 Wh. @ 3.7 Volts

 Power consumption rate .262 amp

 Maximum time the Camera can be used before recharging the battery 4 Hours

 Minimum and maximum operating temperatures 32F min
- 104F max

 File format of the data acquired by the sensor JPEG, RAW, RAW + JPEG / H.264

 Storage capacity of the sensor, average file size o f an image 8 GB SD card or larger if needed, 5 MB average image file size with JPEG Format

 Recommended software for post processing the images to create an orthomosaic Image can be used in all Asri, Pix4D, etc...this is not included with the system

 Sample image below

– single image from the camera at 300’ AGLHOGAN LOVELLS US LLP

39 Sample Image below with ~ 170 images stitched together to form an orthomosaic and also a digital surface model (DSM)

Services and Replacement Parts

 Sky Flight Robotics offers va rious training programs for customers who purchase the Manta Ray UAS.

 All parts of the Manta Ray system are available for replacement.

 The system is modular and the components are all interchangeable form one aircraft to another. Maintenance is made easy b y this modular system.

 Normal Parts of the system to check / maintain Servos, propeller and batteries.

 Recommended repair/maintenance schedule Inspect after each flight and before each flight.

 Replacement parts included with the purchase of the UAS platfor m Two propellers and Two batteries.