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November 12, 2014

U.S. Department of Transportation Docket Operations, M-30 1200 New Jersey Avenue, SE Room W12-140, West Building Ground Floor Washington, DC 20590-0001

Re: Petition of Notus Access Group for an Ex emption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 to Operate an Unmanned Aircraft System

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Moderniz ation and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Notus Access Gr oup (NAG) hereby applies for an exemption from the Federal Aviation Regulations identified below to allow for the commercial operation of the InstantEye Mk-2 small unmanne d aircraft system manu factured by Physical Sciences Inc.

I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED

NAG requests exemption from the following regulations:

 14 C.F.R Part 21, Subpart H;

 14 C.F.R Part 27;

 14 C.F.R § 45.23(b);

 14 C.F.R. § 45.27(a);

 14 C.F.R § 61.113;

 14 C.F.R § 91.7(a);

 14 C.F.R § 91.9(b)(2);

 14 C.F.R § 91.9(c);

 14 C.F.R § 91.103;

 14 C.F.R § 91.109(a);

 14 C.F.R § 91.119;

 14 C.F.R § 91.121;

 14 C.F.R § 91.151(a) & (b)U.S. Department of Transportation November 12, 2014 Page Two

sd-652139  14 C.F.R § 91.203 (a) & (b);

 14 C.F.R § 91.405(a);

 14 C.F.R § 91.407(a)(l);

 14 C.F.R § 91.409(a)(2);

 14 C.F.R § 91.417 (a) & (b).

This petition incorporates the material c ontained in the NAG Operations, Inspection, and Maintenance Manual, the NAG Flight Operatio ns Areas Manual, the InstantEye Mk-2 Training Manual, and the Instan tEye Mk-2 Operator Training Guide (together, the NAG Manuals). The NAG Manuals are submitted as confidential under 14 C.F.R. § 11.35(b), as they contain commercial and proprietary info rmation that NAG has not and will not share with others, is not avai lable to the public, and is protected from releas e under the Freedom of Information Act, 5 U.S.C. § 552 et seq

.

II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS

This petition for exemption is submitted in a ccordance with Section 333 of the Reform Act. Congress has directed the FAA “to safely acce lerate the integration of civil unmanned aircraft systems into the national airspace syst em.” Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit operatio n of an unmanned aircraft system where it does not create a hazard to users of the nationa l airspace system (NAS) or the public or pose a threat to national security base d on the following considerations:

 The size, weight, speed a nd operational capability;

 Operation in proximity to air ports and populated areas; and

 Operation within visual line of sight of the operator.

Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant exemptions from the agency’s safety regulations and minimum standards when the Administrator decides a requested ex emption is in the public interest. See 49 U.S.C. §§ 106(f), 44701-44716, et seq . A party requesting an exempti on must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety or how it would provide a level of safety at least equal to the existing rules. 14 C.F.R. § 11.81.

III. DESCRIPTION OF NOTUS ACCE SS GROUP AND ITS SERVICES

Notus Access Group (“NAG”) is a privately held co mpany with its headqu arters in Newport, Washington. NAG performs inspections, maintena nce, and repairs on wind turbine blades and towers for the renewable energy industry. Th ese services are performed in a manner toU.S. Department of Transportation November 12, 2014 Page Three

sd-652139 minimize downtime of the wind turbine genera tor. The NAG team brings over 17 years of combined experience in the renewable energy industry.

NAG services are traditionally performed usi ng rope access and aerial inspection methods. A picture demonstrating traditiona l rope access for wind turbines is shown below in Figure A.

Figure A: Traditional Rope Access for Wind Turbines

The contact information for the petitioner, NAG, is as follows:

Jeremiah Skirvin President Notus Access Group 5022 Northshore Diamond Lake Rd. Newport, WA 99156 Tel (800) 949-1646 jskirvin@notusaccessgroup.com C/O William V. O’Connor William D. Janicki Joanna L. Simon Morrison & Foerster LLP 12531 High Bluff Drive San Diego, CA 92130 Tel (858) 720-5100 WOConnor@mofo.com WJanicki@mofo.com JoannaSimon@mofo.comU.S. Department of Transportation November 12, 2014 Page Four

sd-652139 IV. DESCRIPTION OF PROPOSED OPERATIONS

NAG is requesting exemptions from applicab le Federal Aviation Regulations (FARs) pursuant to Section 333 of the Reform Act to perform aerial inspections of wind turbine blades and towers used in the renewable energy industry.

A. The InstantEye Mk-2

NAG will operate the InstantEye Mk-2 manuf actured by Physical Sciences Inc. The InstantEye Mk-2 is a battery -operated quadcopter that can be hand launched and recovered by a single person with a maximum flying time of 20 to 30 minutes. The vehicle weighs approximately one pound with a camera payload and is about 10 inches wide. The aircraft groundspeed will be less than 25 mph, and it will operate at or below 500 feet AGL. The InstantEye Mk-2 manufacturer’s specifi cations are shown below in Figure B:

Figure B: InstantEye Mk-2 Manufacturer’s SpecificationsU.S. Department of Transportation November 12, 2014 Page Five

sd-652139 The InstantEye Mk-2 is shown below in Figure C.

Figure C: InstantEye Mk-2

B. Prior Operational Approval of the InstantEye Mk-2

The InstantEye Mk-2 received an Airworthin ess Release from the U.S. Army Special Operations Command for appr oved operations in the NAS and in combat operations. ( See AWR# IEMK220130521, Attachment 1.)

The InstantEye Mk-2 received an exemption for operation in the NAS with conditions and limitations stipulated in Special Airworthiness Certificate in the Experimental Category and the Certificate of Waiver or Authorization (C OA) issued to the San Diego Gas & Electric Company. (Exemption No. 10968, Regulatory Do cket No. FAA-2013-1127, Attachment 2)

Based on the operational approvals mentioned above, the Instan tEye Mk-2 has developed a substantial safe operational history.

C. NAG’s Proposed Operations Demo nstrate an Equivalent Level of Safety

1. General Description of Proposed Flight Operations

NAG proposes to operate within the limitations a nd performance specific ations listed in the NAG Manuals, which are summarized below. Th ese limitations provide for at least an equivalent, or higher, level of safety for operations under the current regulatory structure because the proposed operations represent a safe ty enhancement to the already safe protocols currently used for the inspection of wind turbine blades and towers.

The proposed operations do not create any hazard to users of the national airspace system or pose a threat to national security. The aircraft is an electric quad-rotor aircraft weighing approximately one pound including payload. It operates at a sp eed of no more than 25 mph, will only be operated in the visual line of si ght (VLOS) of the pilot in command, and will remain at or below 500 feet AGL. The require ment for clearance up to 500 feet AGL isU.S. Department of Transportation November 12, 2014 Page Six

sd-652139 necessitated by the size of the wind turbines, whic h can vary greatly in size and may reach as high as 150 meters, or 492.126 feet AGL, when th e blades are positione d vertically. Figure D, below, shows the varying sizes of exemplar wind turbines.

Figure D: Wind Turbine Size

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The InstantEye Mk-2 carries no fuel, and therefor e the risk of fire following an incident or accident due to fuel spillage is eliminated . Compared to manned aircraft, the unmanned aircraft being operated by the petitioner reduces the risk to participating persons in close proximity to the aircraft due to the limite d size, weight, operating conditions, and design safety features of the InstantEye Mk-2.

NAG’s inspection operations will be in remote areas at least 5 miles from any airport and away from population centers. The InstantEye Mk-2 will be operated on wind farms, which are remote from population centers and airports , with permission from the owners of the facilities being inspected. Moreover, wind turb ine towers and wind farm s are already subject to obstruction marking, lighting and notific ation requirements set forth by the FAA.

The FAA has determined that the risk of not having an electronic means to monitor and communicate with other aircraft, such as tran sponders or sense and avoid technology, is mitigated by placing limits on altitude, requi ring stand-off distance from clouds, permitting daytime operations only, and requiring that the ai rcraft be operated within visual line of sight and yield right of way to all other manned opera tions. Additionally, the operator will requestU.S. Department of Transportation November 12, 2014 Page Seven

sd-652139 a NOTAM prior to operations to alert othe r users of the NAS. See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 13.

The petitioner’s aircraft has the capability to operate safely after experiencing certain inflight failures. The aircraft is also able to respond to a lost- link event with a pre-coordinated, predictable, automated flight maneuver.

2. Specific Limitations on Proposed Flight Operations

Given the small size involved, the restricted e nvironment within which they will operate, the procedures listed below, and pilot certific ation requirements, NAG’s proposed operations using the InstantEye Mk-2 would “not create a hazard to users of the national airspace system or the public or pose a threat to nati onal security.” Reform Act Section 333(b)(1).

1. The aircraft is approximately one pound with the camera payload.

2. The aircraft will be identified by serial number, registered with the FAA, and have identification (N-N umber) markings as large as practicable.

3. Flights will be operated within visual line of sight of the pilot in command (PIC).

4. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by PIC.

5. Maximum flight time for each operational flight will be 30 minutes.

6. The aircraft will be safely landed with no less than the greater of (a) 20% battery life remaining or (b) five minutes of flight time remaining.

7. The aircraft will be operated during daylight and in VFR conditions.

8. Flights will not exceed 500 feet AGL, so as to accommodate inspections of wind turbines.

9. Flights will be operated at a lateral di stance of at least 50 feet from any persons or property not associated wi th the operation who have not given prior permission.

10. Flights will be limited to a groundspeed of 25 mph and vertical ascent will be limited to 20 mph.

11. Minimum crew for each flight will consist of a PIC and an Observer.U.S. Department of Transportation November 12, 2014 Page Eight

sd-652139 12. The PIC will possess at least a private p ilot certificate, a third class medical certificate, and will have completed NAG’s Basic Operator Course for the InstantEye Mk-2, which is equivalent to the two-day course offered by the manufacturer, Physical Sciences Inc.

13. Prior to the flight, a Missi on Plan will be created setting forth the limitations for the flight as well as contact information for the PIC.

14. The flight operations will yield the ri ght of way to other manned aircraft operations.

15. All persons who are not involved with NAG’s operations will be required to be at least 500 feet fr om flight operations.

16. The aircraft will only operate within th e wind farms depicted in the operating area as shown by the maps included in Attachment 3.

17. NAG will provide NOTAM details to the FAA 24 hours prior to each flight.

18. All required permissions and permits will be obtained from territory, state, county or city jurisdic tions prior to flight.

19. Prior to commencing operations, NAG will obtain a Certificate of Waiver or Authorization (COA) from the FAA.

20. Written or oral permission from the relevant property owners will be obtained prior to flight.

21. If the aircraft loses communications, it wi ll have the capability to return to a pre-determined location within the operational area and land.

22. If the aircraft loses its GPS signal it will have the capability of being flown manually to a predetermined location w ithin the operati onal area and land.

23. The flight will be aborted in case of unpredicted obstacles or emergencies.

24. Each flight will be recorded in an Operations Log Book.

25. Maintenance on the aircraft will be recorded in a Maintenance Log Book.U.S. Department of Transportation November 12, 2014 Page Nine

sd-652139 3. Flight Recovery, Lost Communications, and Lost GPS Procedures

The flight recovery, lost comm unications, and lost GPS procedures are fully documented in the attached InstantEye Training Manual. (Attachment 4) The lost communications functionality has been exte nsively tested and is us ed operationally. (See AWR# IEMK220130521, Attachment 1.)

4. Proposed Flight Areas in Designated Wind Farms

NAG is requesting to operate in designated wind farms identified in the NAG Flight Operations Areas Manual. ( See Operating Areas, Attachment 3.)

V. SPECIFIC FAR EXEMPTIONS REQUESTED

NAG seeks an exemption from several interrel ated provisions of 14 C.F.R. Parts 21, 45, 61, and 91 for purposes of conducting the requested operations using the InstantEye Mk-2. Listed below are (1) the specific FAR sections for which exemption is sought, and (2) the operating procedures and safegua rds that NAG has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. See 14 C.F.R. § 11.81 (e).

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same app lication. These criteria are met, and therefore no exemption is needed. See Grant of Exemption to Astr aeus Aerial, Docket No. FAA 2014- 0352 at 13-14, 22. If, however, the FAA determines that there are some characteristics of the InstantEye Mk-2 that fail to meet the require ments of the Reform Act, an exemption is requested.

Equivalent Level of Safety : The InstantEye Mk-2 is safe when taking into account its size, weight, speed, operational capab ility and prior approvals by the FAA and the U.S. Army Special Operations Command. The InstantEye Mk-2 weighs approximately one pound and will be flown at speeds less than 25 miles per hour, in visual line of sight of the operator, and in remote and unpopulated airspace. The InstantE ye Mk-2 does not carry pilots, passengers, explosive materials, or flammable liquid fuels. The InstantEye Mk-2 will be operated within the parameters of the NAG Manuals.U.S. Department of Transportation November 12, 2014 Page Ten

sd-652139 NAG will also provide the FAA with advance notice of all operations via NOTAM and coordination with the local FSDO. The proposed operations will be at least as safe as, or safer than, conventional rotorcra ft operating with an airwor thiness certificate without the restrictions and conditions propos ed here. The proposed operations will also be as safe, or safer than, traditional wind turbine inspection methods using rope access.

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

14 C.F.R. Part 27 sets forth the procedural re quirements for airworthin ess certification of normal category rotorcraft. To the extent th e InstantEye Mk-2 would otherwise require certification under Part 27, NAG seeks an exemp tion from Part 27’s ai rworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H.

C. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and Identification Requirements

14 C.F.R. §45.23(b), Markings of the Aircraft states:

When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light-spor t category aircraft or experimental or provisionally certificated aircra ft, the operator must also di splay on that aircraft near each entrance to the cabin, cockpit, or pilo t station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light-sport, “experimental,” or “provi sional,” as applicable.

14 C.F.R. § 45.27(a) states:

Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

14 C.F.R. § 91.9(c) states:

No person may operate a U.S.-registered civil ai rcraft unless that aircraft is identified in accordance with part 45 of this chapter.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that th e aircraft “have iden tification (N-Number) markings in accordance with 14 CFR part 45, S ubpart C if the markings are “as large as practicable.” See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 14.U.S. Department of Transportation November 12, 2014 Page Eleven

sd-652139 Equivalent Level of Safety : NAG will mark all InstantEye Mk-2s with their N-Number in a prominent spot on the fuselage with marki ngs that are as large as practicable.

D. 14 C.F.R. § 61.113: Private Pi lot Privileges and Limitations

NAG seeks exemption from 14 CFR § 61.113, which restricts private pilots from flying aircraft for compensation or hi re and would also require a se cond class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be operating, as we ll as requiring certifications if the pilot is carrying passengers or cargo for hire.

While the InstantEye Mk-2 will be operated as part of a commerci al operation, it carries neither passengers nor cargo. In the Gran t of Exemption in FAA Docket No. FAA-2014- 0352, the FAA determined that the unique ch aracteristics of UAS operation outside of controlled airspace did not warrant the additi onal cost and restric tions attendant with requiring the PIC to have a commercial pilot cer tificate and a class II me dical certificate. The FAA has also determined that the required knowle dge for a commercial p ilot covers the same fundamental principles as a private pilot.

The PIC will possess at least a private pilot certif icate, a third class medical certificate, and will have completed NAG’s Basic Operator C ourse for the InstantEye Mk-2, which is equivalent to the course offere d by the manufacturer, Physical Sc iences Inc. This is a 2-day program that includes ground school and flight training. This course has been approved by the U.S. Army Special Operations Aviati on Command. See InstantEye Training Manual and InstantEye Mk-2 Operator Trai ning Guide for more information on this course. (Attachments 5 and 6)

The FAA stated in its grant of an exception to Astraeus Aerial the “the FAA considers the overriding safety factor for the limited operatio ns proposed by the petitioner to be the airmanship skills acquired through UAS-specific f light cycles, flight time, and specific make and model experience, culminating in veri fication through testing.” See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 18. The proposed operations can achieve an equivalent level of safety by requiring the knowledge and experience in InstantEye Mk-2 operations described above.

Furthermore, the security screening conducted by the Transportation Security Administration of certificated airmen satisfies the statutory requirement of Section 333 for operations to not pose a threat to national security.

The restrictions NAG has placed on its Instan tEye Mk-2 operations meet or exceed the restrictions similarly imposed on Astraeu s Aerial in FAA Docket No. FAA-2014-0352. NAG will operate in a restricted area way fr om persons and property not involved in theU.S. Department of Transportation November 12, 2014 Page Twelve

sd-652139 operation. The aircraft will be flown based on VLOS at or below 500 feet AGL, so as to accommodate inspections of wind turbines. A NOTAM will be issued at least 24 hours before the flight is to occur, and the flight will be coordi nated with the applicable FSDO.

E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

NAG seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operate d. The FAA has stated that no exemption is required to the extent that the requirements of Part 21 are waived or found inapplicable. Accordingly, NAG requests that the requirements for Section 91.7 be treated in accordance with FAR Part 21 Subpart H. See Grant of Exemption No. 11062, p. 19.

F. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft; 14 C.F.R. §§ 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S. -registered civil aircraft -

... (2) For which an Airplane or Rotorc raft Flight Manual is required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and curren t airworthiness certificate...

(b) No person may operate a civil aircra ft unless the airworthiness certificate required by paragraph (a) of this secti on or a special flight authorization issued under § 91.715 is displayed at the cab in or cockpit entr ance so that it is legible to passengers or crew.

NAG does not request an exemption from this s ection but instead notifies the FAA that, in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS flight manual, registration certificate and othe r documentation will be kept at the control station with the PIC during flight. The Chief Counsel’s Office has held that for all UASU.S. Department of Transportation November 12, 2014 Page Thirteen

sd-652139 operations, this alternate method constitute s full compliance with the regulations. See also Grant of Exemption No. 11062, pp. 19-20, and Grant of Exemption No. 8607.

G. 14 C.F.R. § 91.103: Preflight Action

NAG seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight , including information contained in the FAAapproved Flight Manual on board th e aircraft. The aircraft will not have a Flight Manual on board. The PIC will take all actions including re viewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data befo re initiation of flight. Under these circumstances, the FAA has stated th at no exemption is required. See Grant of Exemption No. 11062, p. 20. An exemption is request ed to the extent that an FAA-approved Flight Manual is required.

Equivalent Level of Safety: An equivalent level of safety will be provided by following the NAG Manuals. The PIC will take all required pr eflight actions - including performing all required checklists and reviewing weather, fli ght requirements, batter y charge, landing and takeoff distance, aircraft performance data, a nd contingency landing area s - before initiation of flight. The NAG Manuals will be kept at the ground station w ith the operator at all times.

H. 14 C.F.R. § 91.109(a): Flight Instruction

NAG seeks an exemption from 14 C.F.R. § 91.10 9(a), which provides th at “[n]o person may operate a civil aircraft (except a manned free ball oon) that is being used for flight instruction unless that aircraft has fully functioning dual c ontrols.” UASs and remotely piloted aircraft, by their design, do not have functional dual contro ls. Instead, flight control is accomplished through the use of a Ground Contro l Station (GCS) that communicat es with the aircraft via radio communications.

Equivalent Level of Safety: When flight instruction is performed, no pilots will be on the aircraft and the GCS will be a safe distance from the aircraft and the public, causing no safety hazard. Given the size and speed of the In stantEye Mk-2, an equi valent level of safe training can still be performed without dual co ntrols because no pilot or passengers are aboard the aircraft, and all pers ons will be a safe distance away in the event that the aircraft experiences any difficulties during flight in struction. In addition, NAG will conduct flight training at a remote facility away from popul ation centers. These training flights will be conducted in a sterile area and will otherw ise comply with the provisions in the NAG Manuals. Accordingly, NAG’s proposed method of operation provides su perior levels of safety.U.S. Department of Transportation November 12, 2014 Page Fourteen

sd-652139 I. 14 C.F.R. § 91.119(c): Minimum Sa fe Altitudes in Uncongested Areas

NAG requests an exemption from the minimum sa fe altitude requirements of 14 C.F.R. § 91.119(c). Section 91.119(c) prescribes that an ai rcraft may not be ope rated closer than 500 feet to any person, vessel, vehicle, or stru cture. NAG’s Manuals provide for operations on wind farms away from congested populations ar eas, but in close proximity to wind turbines and towers. The FAA has already determined that relief from Section 91.119(c) is warranted for UAS operations in uncongested areas with si milar flight re strictions as those imposed by NAG. See Grant of Exemption No. 11062, p. 20-21.

Equivalent Level of Safety: Compared to flight operations w ith rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the InstantEye Mk-2, as well as the location where it is operated. In order to avoid any risk to aircraft, flight operations will be restricted to 500 feet AGL or below. Other aircraft are already prohibited from operati ng closer than 500 from the wind turbine structures where NAG proses to operate. This is airspace where other aircraft do not normally operate. As set forth in the NAG Manuals, the InstantEye Mk-2 will be operated in remote areas, away from persons or structures not invol ved in the operation. All pers ons who are not involved with NAG’s operations will be required to be at leas t 500 feet from flight operations. This will pose no risk to the public because other aircraft are not operating in these areas. Attachment 3 includes maps of the wind turbine areas where NAG proposes to operate.

J. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C. F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight le vel by reference to an altimeter that is set to the elevation of the departur e airport. The InstantEye Mk-2 uses both barometric pressure sensors and GPS to determine altitude but does not have the ability to set in a current altimeter setting. An exemption is required to the extent that the In stantEye Mk-2 does not have a barometric altimeter setting. The altitude of the aircraft is monitored by the PIC on the ground control station and by the visual observer.

Equivalent Level of Safety: The FAA has stated that an equi valent level of safety can be achieved if the aircraft will be operated at orbelow 400 feet AGL and within visual line-ofsight in addition to GPS based altitude informa tion relayed in real time to the operator. See Grant of Exemption No. 11062, p. 20-21. As th e attached NAG Manuals indicate, the InstantEye Mk-2 will be operated at or below 500 feet AGL and otherwise complies with the limitations in the Grant of Exemption No. 11062.U.S. Department of Transportation November 12, 2014 Page Fifteen

sd-652139 K. 14 C.F.R. § 91.151(a): Fuel Requi rements for Flight in VFR Conditions

NAG requests an exemption from 14 C.F.R. § 91. 151(a)’s fuel requirements for flight in VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather c onditions) there is enough fuel to fly to the first point of intended landi ng 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 th at for at least 45 minutes.

Here, the technological limitations on Instan tEye Mk-2 battery power means that no meaningful flight operations can be conducted while still maintaining a 30 minute reserve. The aircraft is battery powe red with a maximum flight time of 20 to 30 minutes. NAG proposes that the maximum flight time for each operational flight will be 30 minutes. The aircraft will be safely landed with no less th an the greater of (a) 20% battery life remaining or (b) five minutes of flight time remaining.

Equivalent Level of Safety: The FAA has stated that an equiva lent level of safety is provided if the UAS flight is conducted under day time VFR flight conditions using VLOS, and terminated with at least 25% reserve battery power still available. See Grant of Exemption No. 11062, p. 21-22. The NAG Manuals providing an equivalent level of safety by safely landing with no less than the greate r of (a) 20% battery life rema ining or (b) five minutes of flight time remaining and otherwise comply ing with the flight restrictions above.

L. 14 C.F.R. §§ 91.405(a) , 91.407(a)(l), 91.409( a)(2); 91.417(a) and (b): Maintenance Inspections

NAG seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 9 1.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft “[s]hall have the aircraft inspected as prescribed in s ubpart E of this part and sha ll between required inspections ... have discrepancies repaired as prescribed in part 43 of this chapter”). An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the InstantEye Mk-2 will not have.U.S. Department of Transportation November 12, 2014 Page Sixteen

sd-652139 Equivalent Level of Safety: An equivalent level of safety will be achieved because maintenance and inspections will be performe d in accordance with the NAG Manuals. This includes maintenance, overhaul , replacement, and inspection requirements for the aircraft and procedures to document and maintain main tenance records for the aircraft. This also includes preflight in spection procedures. See Exemption No. 11062, Docket No. FAA 2014- 0352, at p. 14-15.

As provided in the NAG Manuals, flights will not be conducted unless a flight operations checklist is performed that includes all of th e aircraft’s components. The NAG Manuals also set requirements for maintenance log books and record keeping as we ll as routine and postflight maintenance. The NAG Manuals set requ irements for both annual maintenance and preventative maintenance.

VI. PUBLIC INTEREST

Granting NAG’s petition for exemption furthers the public interest. National policy set by Congress favors early integra tion of UAS into the NAS in controlled, safe working environments such as those proposed in this petition. By granting this petition the FAA will fulfill Congress’s intent of allo wing UAS to operate safely in the NAS before completion of the rulemaking required under Sect ion 332 of the Reform Act.

In addition, unmanned aircraft operations could replace the use of rope access or helicopters and small aircraft to monitor wind turbines. Traditionally, monitoring and inspection of the turbines involves an individual using either a manned aircraft or rope access to climb the large tower in order to visually inspect the turbine’s blades for e dge erosion, moisture intrusion, freeze/thaw cycling and lightning strikes, among other damage. Knowing the condition of the turbine’s blades is essential to maximizing blade life. Thus, the inspections are intended to ensure that wind generation as a whole is both safe and reliable.

Yet performing this vital activity presents si gnificant risk to the individual climbing the turbine or operating the manned ai rcraft in the vicinity of th e turbines. For example, a 2011 newspaper article regarding wi nd and solar-powered installati ons noted accidents involving wind turbines have tripled in the last decade. At least 78 wind-turbine related fatalities have occurred since the 1970s, with more e xpected as wind installations spread. 1 Use of an unmanned aircraft, like NAG’s proposed used of the InstantEye Mk-2 would significantly reduce the risk associated with turbine inspection.

1 “More Accidents Feared as Wind, Solar-Powered Installations Spread,” 8/14/2011 Los Angeles Times article located online at http://www.toledoblade.co m/Energy/2011/08/14/More-accident s-feared-as-wind -solar-powerinstallations-spread.html

.U.S. Department of Transportation November 12, 2014 Page Seventeen

sd-652139 The InstantEye Mk-2 is approximately one pound, carries no passengers or crew, has no flammable fuel, as opposed to larger and more powerful helicopters a nd small airplanes. The public has an interest in reducing the hazard s and emissions associated with alternate use of helicopters and small airplanes to c onduct similar inspection operations.

Additionally, NAG’s intended uses fo r the InstantEye Mk-2 have real-world benefits for the renewable energy industry and the public at larg e. NAGs will be able to inspect and survey wind turbine blades and towers supporting th e renewable energy industry. The use of the InstantEye Mk-2 will also reduce the risks to human life associated with the traditional use of rope access for these operations. This program may prevent accidents and injuries, and there is a strong public interest in making these ope rations more safe and effective through the use of UASs.

VII. PRIVACY

All flights will occur on remote wind farms over private or controlled access property with the property owner’s prior cons ent. All flights will be conducted in accordance with any federal, state or local laws regarding privacy.

VIII. SUMMARY FOR FEDERAL REGISTER

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determ ined that publication is needed:

Notus Access Group seeks an exemption from the following rules for the commercial operation of a small unmanned aerial system to inspect wind turbine blades and towers for the renewable energy industry: 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109( a); 14 C.F.R § 91.119; 14 C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 91.407(a)(l ); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the operator, the general public and property owners from the substantial hazards associated with performing equivalent work using traditional rope ac cess or using conventional aircraft and rotorcraft.U.S. Department of Transportation November 12, 2014 Page Eighteen

sd-652139 IX. ATTACHMENTS

Attachment 1: AWR# IEMK220130521

Attachment 2: Exemption No. 10968, Regulatory Docket No. FAA-2013-1127

Attachment 3: NAG Flight Operations Areas– submitted confidentially under separate cover.

Attachment 4: NAG Operations, Inspec tion, and Maintenance Manual - submitted confidentially under separate cover.

Attachment 5: InstantEye Mk-2 Tr aining Manual - submitted confidentially under separate cover.

Attachment 6: InstantEye Mk-2 Operat or Training Guide - submitted confidentially under separate cover.

Attachment 7: InstantEye Mk-2 Specifi cations - submitted confidentially under separate cover.

Attachments 3 through 7 are confidential doc uments submitted under 14 C.F.R. § 11.35(b) and are exempt from disclosure under the Freed om of Information Act, 5 U.S.C. § 552 et seq., and any other requirements established by the FAA pursuant to Section 333 of the Reform Act). If you have any questions or require any additional information, please do not hesitate to contact the undersi gned attorneys for Notus Access Group.

X. CONCLUSION

Satisfaction of the criteria pr ovided in Section 333 of the Re form Act - size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line of sight, and national security c onsiderations - provides more th an adequate justification for the grant of the requested ex emptions to permit NAG to operate the InstantEye Mk-2 for inspections of wind turbine blades and towers for the renewable energy industry.

Granting the requested exemption will benefit th e public interest as a whole in many ways, including (1) significantly improving safety a nd reducing risk by alleviating human exposureU.S. Department of Transportation November 12, 2014 Page Nineteen

sd-652139 to danger, and (2) improving the quality of services and decreasing operating costs compared with traditional rope access or conventiona l flight operations.

Respectfully submitted, Morrison & Foerster LLP Counsel for Notus Access Group

By William V. O’Connor William D. Janicki Joanna L. Simon Morrison & Foerster LLP 12531 High Bluff Drive, Suite 100 San Diego, CA 92130-2040 Telephone: (858) 720-5100 Facsimile: (858) 720-5125 woconnor@mofo.com wjanicki@mofo.com joannasimon@mofo.com

# Attachment 1

# Attachment 2AFS-14-084-E April 1, 2014

Exemption No. 10968 Regulatory Docket No. FAA-2013-1127

Mr. Dallas Cormier, SD1173 San Diego Gas & Electric, Sempra Energy 101 Ash Street San Diego, CA 92101

Dear Mr. Cormier:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision By letters dated December 20, 2013 and January 14, 2014, you petitioned the Federal Aviation Administration (FAA) on behalf of San Diego Gas & Electric (SDGE) for an exemption from §§ 91.9(b)(2) and 91.203(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). That exemption would allow SDGE to operate the InstantEye MK-2 N544L and N500VD unmanned aerial vehicles (UAVs) without carrying and displaying the airworthiness certificate, registration, flight manual, and any other required documentation onboard the aircraft. You requested that all required paperwork be located at the ground control station or within close proximity to the pilot in command.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to SDGE.

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 8607 (copy enclosed), the FAA found it unnecessary to carry and display the airworthiness, certification, and registration documents in unmanned aircraft systems (UASs) and UAVs for the operations described by the petitioner. The original intent of the subject regulation was to display the airworthiness,2
certification, and registration documents so they would be easily available to inspectors and
passengers.

Having reviewed your reasons for requesting an exemption, I find that—

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 8607;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 8607 also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision Under the authority contained in 49 U.S.C. §§ 106(f), 40113, and 44701, which the FAA Administrator has delegated to me, San Diego Gas & Electric is granted an exemption from14 CFR §§ 91.9(b)(2) and 91.203(a) and (b) that allows SDGE to operate the InstantEye MK2 N544L and N500VD UAVs without carrying and displaying the airworthiness certificate, registration, flight manual, and any other requi red documentation onboard the aircraft, subject to the following conditions and limitations described below.

Conditions and Limitations

1. Compliance with the conditions and limitations stipulated in the Certificate of Waiver or Authorization (COA) for Sa n Diego & Gas Electric UAS operations.

Exemption No. 8607 was issued as a permanent exemption. The FAA, however, finds it in the best interest of safety to review this exemption every 2 years. This allows the FAA to ensure that there has been no change in circumstances or regulations from which the exemption is granted.

This exemption terminates on April 30, 2016, unless sooner superseded or rescinded.

Sincerely,

/s/ John S. Duncan Director, Flight Standards Service

Enclosure