HughAvery T: 

### +1 757-560-6013 havery@averyinternationalsolutions.com July 29, 2015
U.S. Department ofTransportation DocketManagement System 1200New Jersey Ave., SE Washington, DC 20590 . ,. 

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Re: ExemptionRequest Section 333 ofthe FAAReformAct and Part 11 ofthe Federal AviationRegulations from 14 C.P.R. 45.23(b); 14 CFRPart21; 14 CFR61.113 (a) & (b); 91.7 (a); 91.9(b) (2); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203(a) & (b); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b)

Dear SirorMadam:
Pursuantto Section 333 ofthe FAAModernization and ReformAct of2012 (the ReformAct) and 14 C.P.R. Part 11, Avery International Solutions, LLC., operator ofsmall UnmannedAircraft Systems ("sUAS") equipped to; conduct sUAS flight training andbean operator for industries to include aerial photography and 3dmapping fortheAgricultural Industryto help Farmers intheUS gethigheryield ontheirproducts andto helppreventcontamination offarm lands ifthere was a manned aircraft accident, to providereal estatelisting videos and photographyforreal estateprofessionals, to safelyprovide aerial video andphotographic inspection offacilities for the insuranceindustry, and to supportbusinesses requiring enhancedmarketing video and photography, hereby applies for anexemptionfrom the listedFederalAviationRegulations ("PARs") to allow commercial operation ofits sUASs, so long as such operations are conducted within andunderthe conditions outlinedherein oras maybeestablishedby theFAAas requiredby Section 333.
As described more fully below, therequested exemption wouldpermitthe operation ofsmall Unmanned andrelatively inexpensive sUAS under controlledconditionsinairspace thatis 1) limited 2) predetermined 3) controlled as to access and 4) wouldprovide safety enhancements to the already safe operations intheAgricultural and Oil and Gas Industrypresently using conventional aircraft. Approval ofthis exemptionwould thereby enhance safety and fulfill the Secretary ofTransportation's (theFAAAdministrator's)responsibilities to"

...establishrequirements forthe safe operation ofsuch aircraft systems inthe national airspace system."
Thename and address ofthe applicantis:

Avery International Solutions, LLC Attn: HughAvery, President Address: 3316 N 41 h Street, Ocean Springs, MS 39564 Ph: 757-560-6013 Email: havery@averyinternationalsolutions.com



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### The conditions proposedbythe applicant are drawn from order 8900.1 CHG 0 Regulations from which the exemption is required
14 CPRPart21 14 C.P.R. 45.23(b) 14 CPR 61.113 (a) & (b) 14 C.P.R. 91.7 (a) 14 CPR 91.9 (b) (2) 14 C.P.R. 91.103 14 C.P.R. 91.109 14 C.P.R. 91.119 14 C.P.R. 91.121 14 CPR 91.151 (a) 14 CPR 91.203 (a) & (b) 14 CPR 91.405 (a) 14 CPR407 (a) (1) 14 CPR409 (a) (2) 14 CPR417 (a) & (b)
This exemption applicationis expressly submitted to fulfill Congress' goal inpassing Section 333(a) through (c) ofthe ReformAct. This law directs the Secretary ofTransportationto consider whether certain unmanned aircraft systems may operate safely inthe national airspace system (NAS) before completion oftherulemaking required under Section 332 ofthe ReformAct. Inmaking this determination, the Secretary is required to determine whichtypes ofsUASs do not create ahazardto users ofthe NAS orthe public orpose a threatto national security in light ofthe following:

• The sUAS's size, weight, speed, and operational capability • Operation ofthe sUAS in closeproximity to airports andpopulated areas; and • Operation ofthe sUAS within visual line ofsight ofthe operator. Reform Act Section 333 (a). Lastly, if the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary Shall establish requirements for the safe operation ofsuch aircraftinthe national airspace system." ID Section 333(c) (emphasis added)
The Federal Aviation Act expressively grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under section 40101 of the Act that includes sUASs, from the requirement that civil aircraft must have a current airworthiness certificate. 

### Applicant interprets this provision to place the duty on the Administrator not only process applicants for exemptions under section 333, but for the administrator to craft conditions for the safe operation ofthe UAS, ifit should be determined that the conditions set forth herein do not fulfill the statutoryrequirements for approval.

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### The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title ifthe Administrator finds the exemption in the public interest. 49 U.S.C. Section 44701(f) see also 

### 49 USC Section44711(a); 49 USC Section44704; 14 CFR Section 91.203 (a) (1).


### AveryInternational Solutions, LLC operates sUASs fixed wing and mulitrotors weighing 55 orfewer lbs. includingpayload. They operate undernormal conditions at a speed ofno more than 70 knots. They will operate in a line ofsight and will operate only within the sterile areas made up of; Farmland, Gas and OilFields, PowerUtilityGrid, Pipeline Inspection and Cell Towers locations, restrictedperimeters around listedreal estate properties, restrictedperimeters around structures requiring aerial inspections, and restricted perimeters aroundbusiness entities requiringpromotionalvideo and/orphotography. Avery International Solutions, LLC also requesting approval to be and authorized sUAS flight instruction centerwhere we will train individuals from Sports Pilots License Ground School through flight instruction to introduction and advance PIC operations with sUAS aircraftforbothfixed wing and VTOL aircraft. Wehave cleared and willbethe flight instruction centerfor Viking Unmanned Aerial Systems Inc for the VikingONEFixedWing, RangerEXFixedWing and all VikingUAS Multicopters as a certifiedmanufactures instruction center. Given the small size ofthe sUASs involved and restricted sterile environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence immediately. Also due to the size of the UASs and the restricted areas in which the relevant sUASs will operate, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions and chemical spills, exemptions associated with allowing sUASs for agricultural operations, oil and gas surveying operations. The grant ofthe requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemptionwithout delay.
AIRCRAFT AND EQUIVELANTLEVEL OF SAFETY
The applicantproposes that the exemptionrequested herein apply to aircraftthat have the characteristics and that operate within the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe agricultural services and crops dusting currently being used with conventional aircraft.
1. The sUASs will weigh less than 55 lbs. 2. Flights will be operated within line ofsight ofapilot and/or observing.



### 33. Maximum total flight time for each operational flight launch to land time is 8 hours for fixed wing operation. Flight operations of Mulitcopters is 90 minutes launch to land. Flights will be terminated at 25% battery powerreserve. 4. Flights will be operated at an altitude ofno more than400 feet AGL. 5. Minimumcrew for each operation will consistofthe sUAS Pilot, and Visual Observer. 6. sUAS Pilot will be certified by the aircraft manufacture for operations and have obtained at least a SportPilot license (LSA), NoMedicalrequired, valid driver's licenserequired. 7. sUAS Pilot will be pilot in command (PIC). If a pilot certificate holder other than the sUAS Pilot, who possess the necessary PIC qualifications, is also present on set (i.e. the aerial coordinator), thatperson can also be designated as PIC. 8. The UAS will only operate within a confined "sterile area" and have a "Security Perimeter" for theflight operations area. 9. A briefing will be conducted in regard to the planned sUAS operations prior to each day's production activities. It will be mandatory that all personal that will be performing duties withinboundaries ofthe safetyperimeterbe presentfor this briefing. 10. The operator will obtain the consent ofall persons involved in the flying area and ensure that only consenting persons be allowed within 100 feet ofthe flight operation, and this radius may be reduced to 30 feet based upon an equivalent level of safety and determination. 11. Pilot and observer will have been trained in the operation ofVAS generally and received up-to-date information on the particularUAS. Observer and Pilot will at all times be able to communicateby voice ortext. 12. Written and/or oralpermission from the relevant propertyholders willbe obtained. 13. If the sUAS losses communications or it losses its GPS signal, the UAS will have capability to return to apre-determinedlocationwithinthe Security Perimeterandland. 14. The sUAS will have capability to abort flight in case of unpredictable obstacles or emergencies. 15. Section 333 AirWorthinessExemptionis transferable from manufacture to operatorupon completion ofall requirements definedinthis petition.
14 C.F.R.Part21, SubpartH: Airworthiness certificates 14 C.F.R. Section91.203 (a) (1) SubpartH, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR Section 91.203 (a) (1). Given the size and limited operating area associated with aircraft to be utilized bythe Applicant, an exemption from Part 21 SubpartH meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 of the Reform Actboth authorize the FAAto exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, proximity to airports and populated areas ofthe particular sUAS. In all cases, an analysis ofthese criteria demonstrates that the sUAS operated without an airworthiness certificate, in arestricted environment and under the conditions proposed will be at lease as safe, or safer, than conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate withouttheretractions and conditions proposed.
The sUAS to be operated here under is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable materials liquid fuels, and operates exclusively within a secured area as set forth in our S.O.P. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and, pursuant to the requirements, and in compliance to local public safety requirements, to provide security of the area ofoperation as is now done with conventional flag man. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection to agricultural aerial applicators, provide a greater degree ofsafety to public and property



### 4owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. Section 45.23 (b). Marking ofthe aircraft The regulationrequires:
When marks include only the Roman capital letter "N" and the registration of the number is displayed on limited, restricted or in a light-sport category aircraft or experimental orprovisionally certified aircraft, the operator must also display on the aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light spot," "experimental," or "provisional," as applicable.
Even though the sUAS will have no airworthiness certificate, and exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word "experimental" can be placed. Given the size of the sUAV, the two inch lettering will be impossible. The word "experimental" will be placed on the fuselage in compliance with 

### §45.29 (f).

The equivalent level ofsafety will beprovided byhaving the sUAV marked on it fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the identification ofthe sUAV as "Experimental." The FAA has issued the following exemptions to this regulation; Exemptions Nos. 10700, 8738, 10167A.
14 C.F.R. § 61.113 (a) & (b): Private pilots Privileges and Limitations: Pilotin Command. Sections 61.113 (a) & (b) limit pilots to non-commercial operations. Because the sUAS will not carry a pilot orpassengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a minimum of a Sport Pilots Certificate rather than have a Commercial Pilots Certificate to operate this small UAS. Unlike a conventional aircraft that carries a pilot and passengers, the sUAS is remotely controlled with no living thing onboard. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth by in the S.O.P. The level of safety provided by the requirements includedin the S.O.Pexceeds thatprovidedby a single individual holding a commercial pilot's certificate operating a conventional aircraft. The risks associated with the operation of the sUAS are so diminished from the level ofrisk associated with the operation ofcommercial operations contemplated with Part 61 when drafted, that allowing operations of the sUAS as requested with a recreational Sport Pilot as the PIC exceeds the present level ofsafety achieved by 14 C.F.R. §61,113 (a) & (b).
14 C.F.R. §91.7 (a): CivilAircraftAirworthiness. Theregulation requires that no person may operate a civil aircraft unless it is in airworthiness condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption

5be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the SOP for maintenance and the use of safety check lists priorto each flight, anequivalentlevel ofsafety will beprovided.

14 C.F.R. § 91.9 (b) (2): Civil AircraftFlightManualintheAircraft Section 91.9 (b) (2) provides:
No person may operate a U.S.-registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not 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 placard, or any combinationthereof. The sUAS, given its size and configuration l:;tas no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot onboard, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level ofsafety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10602, 32827, and 10700.
14 C.F.R. § 91.103: Preflight action This regulation requires each pilot in command to take certain actions before flight to insure the safety ofthe flight. As the FAA approved rotor craft flight manuals will not be provided as set forth in sections ofthe S.O.P., the PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoffdistances and aircraftperformance databefore initiation offlight.
14 C.F.R. §91.109: Flightinstruction Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is beingused for flight instruction unless that aircrafthas fully functioning dual controls.
sUASs and remotely controlled aircraft, by their design do not have fully functioning dual controls. Flight control is accomplished though the use ofa control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functioning dual controls for a number of aircraft and for flight instruction in experimental aircraft. See exemptionNos.5778K & 9862A.

14 C.F.R. §91.119: Minimumsafe altitudes Section 91.119 establishes safe altitudes for operations of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribedprovided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As



### 6exemption is for the sUAS that is a helicopter and the exemption requests authority to operate at altitudes ofup to 400 AGL rotorcraft and 1500 AGL for fixed-wing, or not more than 200 above an elevatedplatform such as radio towers, an exemption may be needed to allow such operations. As set forth byherein, exceptfor the limited conditions stated inthe SOP, theUAS will never operate higher than 400 AGL rotorcraft and 1500 AGL for fixed-wing. It will however be operated in a restricted area with a security perimeter, where buildings and people will not be exposed to operations without theirpre-obtained consent. The equivalent level of safety will be achieved given the size, weight, speed ofthe sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the activity, all affected individuals will be aware ofthe planned flight operations as setforth in the SOP. Compared to flight operations with aircraft orrotorcraft weighing far more than the maximum 55lbs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those currently presented with conventional aircraft operating at or below 500 AGL. 

### In addition, the low-altitude operations ofthe sUAS will ensure separation between these sUAS operations and the operations ofconventional aircraft thatmust comply with Section 91.119.
14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "

...to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude ofthe launch site shown on the GPS altitudeindicatorbeforeflight.
14 C.F.R. §91.151(a): Fuel Requirements for FlightinVFR Conditions Section 91.151 (a) prohibits and individual from beginning "aflight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and assuming normal cruising speed- (1) During the day, to fly after thatfor at least 30 minutes; or (2) Atnight, to fly afterthatfor at least45 minutes." The battery powering the sUAS provides approximately 8 hours ofpowered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 7 hours and 30 minutes inlength. Given the limitations on the sUAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longer time frame for flight in daylight ornight VFRconditions is reasonable. Applicant believes that an exemption from 14 CFR (a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151(a)). Operating the small UAS, in a tightly controlled area where only people and property owners orofficialrepresentatives who have signed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engender the type ofrisk that Section 91.151(a) was intended to alleviate given the size speed of the sUAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the exemption will begranted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 7 hrs 30 minutes or 25% ofbattery power, for both fixed wing and rotorcraft, whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere inits limited operating area.



### 7Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft CertificationandRegistration Theregulationprovides inpertinentpart: (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within itthe following:

(1) Anappropriate and current airworthiness certificate

... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed at the cockpit entrance so that it is legible to passengers or crew. The sUAS fully loaded weighs no more than 55lbs and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or display them on the sUAS.
An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them; to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exemptions includes Exemption Nos. 9565, 9665,9789, 9789A, 9797, 9816A, 10700.
14 C.F.R. §91.405 (a); 407 (a) (2); 417 (a) & (b) Theseregulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed inpart 43 ofthis chapter.

..," and others shall inspect ormaintainthe aircraftincompliance with part43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the application. Maintenance will be accomplished by the operator pursuant to the flight manual and operating checklist. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limitedperiods oftime. Ifmechanical issues arise the sUAS can land immediately and will be operating no higher than 400 feet AGL for rotorcraft and 1500 AGL for fixed-wing. As provided in the SOP, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log ofany maintenance preformed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy conditionto provide the equivalentlevel ofsafety.



### 8Pursuant to 14 C.F.R Part 11, the following summary is provided for publication in the Federal Register, should itbe determined thatpublication is needed: Applicant seeks an exemption from the following rules: 14 C.P.R. §21, subpart H; 14 C.F.R 45.23 (b); 14 C.P.R.§§ 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2);91.103 (b); 91.109; 91.119;91.121;91.151 (a); 91.203 (a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) in the Agricultural 3d Mapping Service Operations, Oil and Gas Exploration and Pipeline Inspection. Approval of exemptions allowing commercial operations of sUASs in the Agricultural 3d mapping/scanning, Oil & Gas Exploration, Pipeline and Tower Inspection Industry, restricted perimeters around listed real estate properties, restricted perimeters around structures requiring aerial inspections, and restricted perimeters around business entities requiring promotional video and/or photography, will enhance safety by reducing risk. Conventional operations usingjet or piston aircraft operate at extremely low altitudesjust feet from the equipment and livestock and structures and present the risks associated with vehicles that weigh in the neighborhood of 3,000-5,000 lbs. This equipment can carry large amounts ofjet A or other fuel. Helicopters operate with 140 gallon fuel in their tanks in most operations which could be a significant risk to the environment. The sUAS will carry no passengers or crew and therefore will not expose themto the risks associated with manned aircraftflights. The operations of small UASs, weighing less then 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the Part 21 and allowing commercial operations. These lightweight UAVs operate at slow speeds, close to the ground and in sterile environment and as a result are far saferthan conventional operations conducted with apiston and orturbine aircraft operating closeto the ground.
PublicAcknowledgement/Privacy All Flights will occur only once the property owner has authorized operations to be conducted. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012-size, weight, speed, operating capabilities, proximity to populated areas and or close proximity to airports and operations within visual line ofsightprovides more then adequatejustificationfor the grant ofthe requested exemptions allowing commercial operation ofapplicant's sUA$ in the commercial industry described inthis exemptionpetition.

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# C---/ Hugh Avery

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# 0 AveryInternational Solutions, LLC ATP, Certificate#

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