## LANIERFORD LanierFordShaver&PayneP.C. AttorneysatLaw 2101WestClintonAve.,Suite 102 Huntsville,Alabama35805 MailingAddress: P.0.Box2087•Huntsville,Alabama35804 256-535-1100Office May21, 2015

U.S. DepartmentofTransportation, DocketOperations West Building Ground Floor, Room W 12-140 1200 NewJerseyAve., SE Washington, DC 20590 JonathanF.Mayhall AttorneyatLaw 256-533-9322fax jfm@lanierford.com LanierFord.com

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. Part 21, Subpart H and 14 C.F.R. §§ 61.23(a), 61.101(e)(4) 61.113(a) and (b), 61.133(a), 61.315(a), 91.7(a), 91.9(b), 91.119, 91.121, 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and 

## ili1 DearSiror Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Act") and 14 C.F.R. Part 11, AirGon, LLC ("AirGon") seeks exemption from the Federal Aviation Regulations ("FARs") identified below. AriGon seeks expedited approval and exemption to allow commercial use of its AV-900 small Unmanned Aircraft System ("UAS") for the purpose of aerial photography, data collection, training programs, and demonstration flights. All operations will follow strict operational limitations as described in this documentand the attached "AV-900 Mission Planning Guide/' "AV-900 Operations Guide/' the "AV-900 System Guide/' the "AV-900 Training Guide/' and the "AV-900 Pre-flight Checklist" (collectively, the "Operating Documents"), as well as all recommendations, limitation, and conditions bythe FAA.
A. Background.
1. AirGon, LLC. AirGon is the airborne micro metric mapping subsidiary of the GeoCue Group ("GeoCue"). GeoCue has been providing workflowand production solutionsfor sensor-based mapping since 2003. GeoCue has a long history in providing tools and technology used in creating accurate mapping products from manned aircraft sensor data. GeoCue is nowapplying this reservoir ofexperiencetothe challenges ofcollecting metric mapping information using lowcosttechnology. AirGon is focused on creating metric mapping information from hypereconomical, small UA5. AirGon offers acomplete range of products and services aimed at rapid collection of accurate analytic data and the creation of 2D and 3D derivative products.
2. AV-900. The AV-900 is avertical take-offand landing ("VTOL") hexcopter builton the DJI5900 commercial kit. It is 39.4" diameter, 19.7" tall (excluding the 7.9" GN55 mast) and has atypical takeoffweightof14.872 lbs. (with astandard 65 21,000mAh battery, NEX-5 camera and 20 mm lens) and maximum takeoffweight of 18.07 lbs. The AV-900 system uses the "3D" Robotics "Pixhawk" realization of the PX4 autopilot system, which supports the multiple waypoint navigation necessary for precision mapping and contains a number of failsafe features to ensure safe operations. For additional information on the AV-900 please see the Operating Documents, which specify manufacturing information, aircraft performance, operating limits, normal and emergency operating procedures, and maintenance procedures. Although the AV-900 is a proprietary system, all major components of the system have been approved in previous grants of exemption. UA5 based on the DJI-5900 kit have been previously approved by the FAA in Exemptions 11305 and 11326, and UA5 incorporating the Pixhawk autopilot have been approved in Exemptions 11192 and 11166. All operating parameters in this case are identical or substantially similar to the approved operating parameters in the Exemptions listed above as well as those in Exemptions 1109, 1112, and 11213. 

### B. Publication in the Federal Register. Pursuant to 14 C.F.R. § 11.87, AirGon requests that the FAA not publish this petition request in the Federal Register and notdelayaction based onthefollowing:
1. This petitionforexemption does notset precedent. 2. The requested relief is identical or substantially similar to the that granted previously, specifically, Exemptions Nos. 11062, 11109, 11112, 11213, 11305, 11326, 11192, 11166,and others. 3. Adelay in action on this petitionwould result in lostopportunities revenues from potential operations as well as a delay in the public benefit of granting this



### 2petition. In addition, a competitive advantage for unapproved commercial UAS operators exists and continuestogrowevery day. Notwithstanding yourdecision on whetherto publish this petition in the Federal Register, all of the Operating Documents submitted with this petition contain confidential, proprietaryinformationthat is notavailable tothe general public. Pursuant to 14 C.F.R. § 11.35(b), AirGon requests thatthe Operating Documents not be published in the Federal Register ormade availabletothe general public. C. StatutoryAuthority.


### 1. FAA Modernization and Reform Act of2012, Section 333. Section 333(a) states that the FAA "shall determine if certain unmanned aircraft systems may operate safely in the national airspace before completion ofthe plan and rulemaking required by section 332." Section 333(b) lays out factors for the FAA to consider in making the determination under Section 333(a). Specifically, the FAA shall determine "which types of unmanned aircraft systems, if any, as a result oftheir size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system orthe public or pose a threat to national security." Section 333(b)(2) also specifies that the FAA shall determine whether a certificate of authorization or airworthiness certification is required forthe operation ofan UAS. Finally, Section 333(c) provides that the "Secretary shall establish requirements for the safe operation ofsuch aircraft systems in the" NAS. As noted above, the FAA has previously found that UAS substantially similar to the AV-900 meet the requirements of Section 333 and accordingly has granted exemptionsfromthe regulations at issue in this petition.
2. HowAirGon meetsthecriteria laid forth in Section 333. Beloware the criteria laidforth in Section 333(b) and adetailed description ofhow AirGon meets each ofthese criteria.

a. Size, Weight, and Speed.
The AV-900's airframe weighs 8.85 lbs. and it has a maximum takeoff weight of 18.08 lbs., when loaded with battery and camera, its diameter is 39.4," and its height is 19.7". The maximum horizontal speed is 20 mph and the maximum climb and decent rates are 200 fpm. The AV-900 is a small, lightweight aircraft that operates at relatively slow speeds and will pose little to no hazard to people or structures on the ground. Therefore, the size, weight, and speed of the AV-900 make it a considerably


### 3safer alternativeto manned, fixed wing or rotaryaircraftforaerial imaging and mapping applications.
b. Operational Capacity.
The primary function of the AV-900 is to collect high resolution/high accuracy mapping data in support of small area metric mapping operations. High resolution data generated from the cameras on the AV-900 offer a wide range of applications including: orthophoto generation, precision asset location, dense point cloud collection, volumetric analysis, and other related small area mapping tasks. The sites whereAirGon intendstooperateare controlled access areas such as quarries, surface mines, and construction sites during the grubbing and surface preparation phases. The maximum size is typically less than 556 acres with an average size around 140 acres. The data from these flights will help companies and mine operators maximize mine yields, and will improve the efficiency of construction site preparation, which is ofgreat benefittotheeconomyand tothe public. The AV-900 is avertical take-offand landing system. Therefore, it can be launched on-site, without need for a runway or transit to and from the site. Once airborne,theAV-900will flyatan altitude of400ft.AGL or less overthe designated site. Prior to the Flight in accordance with the procedures set out in the Operational Documents, the Pilot in Command ("PIC') sets a designated flight area and flight parameters to ensure that the AV-900 will remain within the confines of the site, not exceed a maximum altitude of 400 ft. AGL, and remain within the visual line of sight ("VLOS") ofthe PIC and Visual Observer ("VO"). In the event ofacritical issue such as a low battery state or loss ofdata link, the AV-900 will perform a safe landing procedure or return-to-launch sequence. In addition, the PIC may override the autopilot with manual control if necessary. Additional information about the operational capacity of the AV-900, including safety procedures can be found in the attached Operational Documents. The AV-900's small operational footprint and built-in safety protocols provide a safer alternative for aerial imaging than manned aircraft and would pose a minimal hazard tothe NAS orthe public.

c. ProximitytoAirports/PopulatedAreas.
As noted above, AirGon plans to use the AV-900 to primarily conduct operations over mining, quarry, and construction sites. All AirGon operations will be conducted over private, controlled access property. The job sites where AirGon will operate are typically secured with perimeterfencing and regulated bythe Occupational Safety and Health Administration ("OSHA") and/or the Mine Safety and Health Administration ("MSHA"). In addition, many ofthejob sites will likely be in remote or


### 4industrial areas away from populated areas. In the event that one ofthejob sites are within 5 NM of an airport, AirGon will take all appropriate safety measures including obtaining a letter of agreement with the airport's management. By operating at low altitudes over controlled access, generally remote sites, the AV-900 will pose minimal risktothe NAS and individualsand propertyon the ground. d. Visual Line ofSite ("VLOS").
The AV-900will be flown in accordancewith dayVisual Flight Rules ("VFR") and only in Visual Meteorological Conditions ("VMC") during day-light hours. The AV900 will operate within 1NM and VLOS of the PIC and the Visual Observer ("VO") positioned next to the PIC at an altitude of400 

### ft. AGL or less. The PIC and VO will be responsible for ensuring thatthe AV-900 remains within VLOS at all times. Should the AV-900 escape VLOS, the PIC will engagetheAV-900's safetyfeaturesto ensure thatthe AV-900's flight is safely terminated in accordance with the procedures set forth in the Operational Documents.
D. Basis for Petition.
1. Nameand Address ofthe Petitioner. AirGon, LLC 9668 Madison Blvd., Suite 202 Madison,AL 35758 256.461.8289 www.a1rgon.com
2. 14

### C.F. 

### R.- Regulationsforwhich exemption is requested.

a. Part 21, Subpart H b. 61.23(a) c. 61.101(e)(4) d. 61.113(a) and (b) e. 61.133(a) f. 61.315(a) g. 91.7(a) h. 91.9(b) 

### i. 91.119(c) 

### J. 91.121 k. 91.151(a) 

### I. 91.405(a)

5m. 91.407(a)(1) n. 91.409(a)(2) o. 91.417(a) and (b)
3. The extentofreliefsoughtand reason forseeking relief.

a. 14C.F.R. Part 21, Subpart H: Airworthiness Certificates.
14 C.F.R. Part 21 Subpart H establishes the requirements for the issuance of an airworthiness certificate. The FAA has determined that no exemption of this section is required if a finding is made under the Reform Act that the UAS selected provides an equivalent level ofsafety when compared to aircraft normally used forthe same application. The physical characteristics and operational capacity oftheAV-900 is similar to that of UAS aircraft approved in previous exemption requests; therefore, no exemption is believed to be necessary. However, if the FAA determines that an exemption is needed, AirGon herebyrequests exemptionfrom Part 21, Subpart H. Section 333 authorizesthe FAAto exemptaUAS from the requirements of an airworthiness certificate based on consideration ofthefollowing: size, weight, speed, operational capability, proximityto airports and populated areas, and operation within VLOS. As noted above, theAV-900 and procedures developed byAirGon are consistent with all physical and operational conditions established bythe FAA. The combination of the limited operating limitations and the AV-900 lightweight airframe results in a safer alternativeforaerial surveying than currentlyoffered bytraditional manned aircraft. b. 14C.F.R. §§ 61.23(a), 61.101(e)(4), 61.113(a) and (b), 61.133(a), 61.315(a): PilotQualifications. AirGon seeks exemption from the above regulations to the extent that they require the PIC of an UAS to have a commercial pilot's license with a current medical certificate. Section 61.23(a) sets out the operations requiring a medical certificate and the level of certificate required. Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Likewise §§ 61.315(a) and 61.101(a) limits lightsport and recreational pilots, respectively, to non-commercial operations. Section 61.133(a) requires an individualwith acommercial pilot's licenseto be pilot in command ofan aircraftforcompensation or hire. All AirGon pilotswill be required to have avalid driver's license in addition to a sport-pilot, recreational, or private pilot certificate and will complete training in conducting operations using the AV-900. Prior to conducting operations for AirGon clients all AirGon pilots will be required to demonstrate their ability to safely operate the AV-900 including performing evasive and emergency maneuvers and maintaining an appropriate distancefrom persons, vessels, vehicles, and



### 6structures. All AirGon pilots will also be required to log flight hours and currency in a mannerconsistentwith 14C.F.R. §61.51(b). Given the reduced risks associated with operation ofthe AV-900 dueto its small, size, operational limitations, and lack of an onboard pilot or passengers, AirGon operations will achieve an equivalent level of safety by requiring the PIC to possess a recreational or sport pilot license and avalid driver's license only. Indeed, the FAA has approved commercial UAS operations by PIC's with a similar level of certification in previous cases including Exemption 11305.



### c. 91.7(a): Civil AircraftAirworthiness.
14 C.F.R. § 91.7(a) provides that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation ofthe AV-900 without an airworthiness certificate, no standard will exist for airworthiness ofthe AV-900. As a result AirGon seeks full exemption from this regulation. AirGon will achieve an equal level ofsafety byfollowing the procedures in the Operational Documents, which contain pre-flight protocol for each flight, safety checks, and comprehensive maintenance procedures. The FAA has previouslyapproved exemption from this regulation for other UAS based on the DJI-900, including in Exemption 11240. d. 91.9(b): Civil Aircraft Flight Manual in theAircraft. Section 91.9(b) states that no person may operate an aircraft unless there is acurrent approved flight manual forthe aircraft onboard. The AV-900 has no ability or place to carry such a flight manual on the aircraft. In addition, the AV-900 is unmanned and the PIC is located atthe ground control station. AirGon therefore seeks exemption from the requirement to carry the aircraft flight manual onboard. The equivalent level of safety will be achieved by keeping the flight manual at the ground control station where the PIC will have access to it. The FAA has approved operation underthese conditions in Exemptions No. 11062, 11240, and 11305 among others.

e. 91.119: Minimum Safe Altitudes. AirGon requests an exemption from § 91.119. Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(c) limits aircraft flying over areas otherthan congested areas to an altitude of 500 ft. AGL, except over open water orsparsely populated areas. Inthose cases, theaircraft may notbe operated closerthan

7500ft.to any person, vessel, vehicle, orstructure. An exemption is required becausethe proposed UAS operations will need to occur below 400 ft. AGL. Further, due to the nature ofthe proposed operations, the PIC and otherflight crew may at times be less than 500ft.awayfromthe UAS.
An equivalent level ofsafety will be achieved because ofthe size, weight, speed, and material of AV-900 and the operational limitations discussed above. All operationswill be conductedwith the permission ofthe propertyowner, and the PIC will be able to control the site and ensure that all affected individuals will be aware ofthe operations and will stay a safe distance away from operations or under a protective covering. Any risk associated with AirGon's operationswill be significantly less than that of manned aircraft, which are heavier, must have onboard flight personnel, and must travel to and from thejob site. In addition, the low-altitude operations ofthe AV-900 will maintain separation between AirGon's operations and the operations of conventional aircraftthat mustcomplywith §91.119. f. 91.121: AltimeterSettings. AirGon seeks exemption from § 91.121, which requires a person operating an aircraftto maintain cruising altitude orflight level by reference to an altimeterthat is set to the elevation of the departure airport or barometric pressure. The Pixhawk autopilot on board the AV-900 will have a barometric altimeter, which is automatically set to 0 when the Return to Launch ("RTL") location ofthe AV-900 is established just priorto launch. However, the barometric altimeterwill only be used bythe autopilot in two circumstances: (1) the GPS signal is not sufficient to determine the altitude ofthe AV-900; or (2) the AV-900 is at an AGL below 33 ft. Therefore, because the barometric altimeter will not be used directly by the PIC, AirGon seeks exemption to the extent necessary. An equivalent level ofsafetywill be achieved because, first, theAV-900will report GPS AGL altitude to the PIC via radio telemetric feed. Second, as described above, for situations in which the GPS signal cannot deliver accurate altitude data, the autopilotwill use the barometric altimeterto ensure the AV-900 operates atthe proper altitude. Finally, all operations will be conducted within VLOS and in accordance with the operational constraints described above.
g. 91.151(a): Fuel Requirementsfor Flight in VFR Conditions. Airgon seeks exemption from § 91.151(a), which requires an individual to ensure that, foraflight in VFR conditions, there is enoughfuel toflyforan additional 30 minutes after reaching the first point of intended landing. The nominal flight time for


### 8the AV-900 is 22 minutes; therefore, no flight ofthe AV-900 would be possible under this regulation.
An equivalent or greater level of safety exists via the safety features described in the Operational Documents. Specifically, during the flight, the level of battery power is communicated to the control station via telemetry. In the event of either loss oftelemetry orthe battery level falling below 20% capacity, the AV-900 will automatically return to its launch station. In addition, in the event either of these features were to fail, the PIC could take control ofthe AV-900 and safely return ittothe ground. Further, unlike with a manned aircraft, given the size and relative cost ofthe AV-900, as well as the fact that it carries no passengers, in an emergency situation the PIC can sacrificetheAV-900to protect persons and property. h. 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2), and 91.417(a) and (b): Maintenance & Inspections. AirGon seeks exemption from §§ 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2), and 91.417(a) and (b). These sections specify maintenance and inspection standards in reference to 14C.F.R. Part 43 foraircraftto maintain an airworthiness certificate. The UAS that AirGon intends to operate will not have an airworthiness certificate and therefore exemption is needed. AirGon will provide an equivalent level of safety by performing maintenance and inspections in accordance with the Operational Documents. In addition, prior to each flight, AirGon pilots will complete the pre-flight checklist, ensuring that all critical systems ofthe UAS are functioning properly. The Operational Documents contain recordkeeping requirements for routine, interval, and post-flight maintenance. As a whole, the maintenance and inspection procedures set out in the Operational Documents will ensure that an equivalent or higher level of safety is achieved, especiallywhen combined with the size and operational limitations oftheAV900.

4. Howthe request benefitsthe publicas awhole. The AV-900 is a safe, efficient and economical alternative to the manned aircraft that are currently being used to conduct aerial imaging of mining, quarry, and construction operations. There are four major reasons why the public would benefit from granting AirGon exemptions from these regulations: reducing the burden on Air Traffic Controllers (ATC), reducing air pollution, reducing the risk to life and property on



### 9the ground, and maximizing the efficiency and effectiveness of mme and quarry operations. The AV-900 can take-off and land on-site and operate at an altitude of 400 ft. AGL or less within VLOS of the PIC; therefore, there is no need for ATC to provide coordination during ground, take-off, departure, transit, arrival, and landing phases of flight. Reducing the burden placed on ATC will provide a significant benefit to the public.The AV-900 will reduce pollution. Atraditional aircraft musttake-offand land at an airport and therefore must fly to and from the site. The necessity to travel to and from thesitewastes asignificantamountoffuel. In contrast, theAV-900 is lightweight, uses electric batteries and motors instead offuel and internal-combustion engines, and can be launched and landed on-site. Therefore, theAV-900 will significantly reduce the fuel and energyconsumption needed to performaerial surveying. The small size and relatively low speed ofthe AV-900 will also reduce the risk to life and property on the ground. The AV-900 weighs, at maximum 18.07 lbs. and has a maximum speed of20 mph. In the event offailure, the AV-900 poses significantly less riskto persons and propertyon the groundthan manned aircraftwhich carryflammable fuel and weigh significantly more than the AV-900. Also, as mentioned above, the AV900 will only operate over the job site and will not be required to commute to an airport. This will all but eliminate the risk to persons and property outside ofthejob site. Conducting site surveys via UAS also provides significant safety benefits over conducting surveys using ground-based surveyors. When performing ground-based surveys, surveyors and support personnel must be intermingled with active mining equipment. Collecting data via UAS removes personnel from areas with mining equipment resulting in a significantly lower risk of injury to surveyors and support personnel. Finally, use oftheAV-900 will allow mine and quarryoperatorsto obtain accurate surveys oftheirsites at acost significantly less than that of manned operations. As has been noted above, surveying done by manned aircraft is more expensive, more dangerous, and less efficient than surveying using UAS technology. In addition, aerial surveying via UAS is more accurate and safer than ground-based surveying. Groundbased surveying is especially dangerous on mine and quarry sites as data collection personnel must operate in the midst of active mining equipment. Therefore, by granting this exemption mine and quarryoperatorswill be abletoobtain more accurate information about their sites more often than possible under current circumstances.
10Thus, mine and quarry operators will be able to more efficiently and economically conduct their mining operations and maximize yields from their sites. This will reduce the cost of raw materials, invigorating the markets for these materials. In addition, maximizing yields will provide significant environmental benefits such as reducing waste. Similar to the benefits in the mining and quarry fields, aerial UAS surveying of construction sites in the site preparation phase will reduce site preparation time, and reduce theoverall cost ofconstruction.
5. Additional Information,views, and arguments. The following documents have been included as Appendices to this Petition. AppendixA, B, C, and D have been submitted confidentiallyfor proprietary reasons and will notbe availabletothe public: AppendixA-AV-900 System Guide Appendix 

### B-AV-900 Operations Guide AppendixC-AV-900 Mission Planning Guide Appendix D-AV-900Training Guide Appendix E-AV-900 Pre-flightChecklist
6. Summaryfor Federal Register. Pursuant with Section 333 of the FAA Modernization and Reform Act of 2012, AirGon, LLC requests exemption from the following Federal Aviation Regulations that are found under Title 14 of the Code of Federal Regulations: Part 21 Subpart 

### H, 61.23(a), 61.101(e)(4) 61.113(a) and (b), 61.133(a), 61.315(a), 91.7(a), 91.9(b), 91.119, 91.121, 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b).

Counsel forAirGon, LLC
Enclosures

11

### EXHIBITA AV-900 SYSTEM GUIDE

# AirGun

GeoCueGroup 

# AV-900 System Guide • Operational Envelope • Safety • Maintenance

March 15,2015

THIS DOCUMENTCONTAINS INFORMATIONTHAT IS PROPRIETARYTO AIRGON LLC

AirGon LLC 9668 Madison Blvd., Suite 202 Madison,AL35758 256.461.8289 256.461.8249 (FAX) www.airgon.com

# RevisionHistory

1.0 L. Graham 3/15/2015 InitialCreation

................................................................,,,,,,,,,,,,,,,,,,;:,:; ::::::·::::•::::::::::::::::::;::::::: :::::::::::::::::,:::::::::········· ................ . March 15,2015

### EXHIBITC MISSION PLANNING GUIDE

# AirGon

GeoCueGroup 

# AV-900 Mission Planning Guide February 11,2015

CopyrightAirGon LLC, 2015

# RevisionHistory
\Revision 

# I**~utnor** 

# I:Elate \Notes



### 1.0 S. Riddell 

### 1126/2015 InitialCreation 

### 1.1 L. Graham 

### 1127/2015 Editorialrevisions 

### 1.2

... S. Riddell 

### 2/1112015 Addedfigures