UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

_____________ _____________________________ Petition for Exemption Pursuant to Pub. Law 112

- 95 § 333 and 14 CFR Part 11 Concerning Unmanned Aircraft Systems Commercial Operations and Certificate of Authorization Request

___________ _______________________________

**PETITION OF PRAETORIAN UAS, LLC FOR REGULATORY EXEMPTION**  **AND REQUEST FOR A CERTIFICATE OF AUTHORIZATION** 

File d Electronically on September 7 , 2015

Michelle Murtha, Esq. Murtha Law Firm, LLC 26 Railroad Avenue #318 Babylon, New York 11702

- 2204 Phone: (631) 721

- 3396 Fax: (631) 991

- 7168 mmurtha@murthalawfirm.com

Counsel for Petitioner Praetorian UAS, LLC2 I. Th e Petitioner 1. Petitioner Praetorian UAS, LLC respec tfully submits this Petition requesting

e xemption from regulations the Federal Aviation Administration (“ FAA ”) considers applicable to the civil operation of unmanned aircraft systems (“UAS”) , and from reg ulations that the FAA considers n ecessary for a UAS operator to be exempted from in order to engage in the proposed operations described herein.
2. Petitioner Praetorian UAS, LL C is a New York based limited liability company

. 3. Petitioner is managed by Command er Jo hn Gallegro, U.S. Navy, Ret., who is also
the current designated Pilot

- In

- Command for al l proposed Praetorian UAS, LLC UAS operations.
4. John Gallegro is a United States Naval Test Pilot School graduate who has completed three deployments overseas, flow n 34 different type/model/series aircraft, accumulated over 3,000 fligh t hours, has completed four cruises, and remains an active licensed pilot. 5. As a former Director of the U.S. Navy Unmanned Aircraft Systems Test Directorate, he led the first de dicated UAS developmental test squad ron operating at a NAVAIR
Lev el III Competency (AIR 5.1.11) with a team comprised of 

### military test pilots up to and including Commander (O

- 5) rank, GS civilians up to and including GS

- 15, and management of various aircrew and m aintenance contracts and contractors necessary for mission execution s
. 6. 

### Petitioner ’s M anaging Member

- Pilot

- In

- Command’s vast experience with unmanned aircraft systems demonstrates that Petitioner has a wealth of knowledge and a high regard for safe UAS o perations wi thin the national airspace.3 7. As such, Petitioner 

### is capable of conducting civilian commercial UAS operations safely in the national airspace for the proposed operations listed below.
**II. Proposed Operations** 8. Praetorian UAS, LLC wishes to provid e services to consumers interested in training, research, aerial data captu re and for search and rescue operations using UAS in the following areas:

a. sUAS Operator Training b. Product Demonstrations

c. Search and Rescue operations d. Research and Development

e. Aerial Photography and Videography f. Agricultural Surveying and Application 9. Previous exemptions have already been granted by this agency for other applicants for each and every one of the proposed activities listed above, and as such, this
Petitioner is su bmitting no new or novel requests for approval

.

III . The Unmanned Aircraft System 10. Petitioner operate s a DJI Phantom 3 Professional, which is a common UAS that has previously received authorization via a Certificate of Authorization (COA)

. 11. The DJI Phantom 3 Professional weigh s less than 55 lbs,, has a built

- in capability to limit th e height flown above the ground, as well as capacity to limit the radius of the distance it flies from the operator and the ability to exclude it from Class B, C and D airspace , inclu ding a no fly zone feature.
12. Its system also has a failsafe function featuring an autopilot system, which means4 when the communication between the main c ontroller and the transmitter is lost, the system will automatically trigger a “ Return to Home ” feature and will land safely.
13. This submission does not includ e the Operating Manual for the aforementioned
UAS , as it has previously received authorization via a Certificate of Authorization (COA) granted by the FAA on numerous occasions. However, a copy of the Operating Manual for the DJI Phantom 3 Professional can be submitted upon request.

I V. Operating Procedures 14. Praetorian UAS, LLC’s operating procedures meet s the following requirements :

a. Praetorian UAS, LLC will only operate its UAS in line of sight of a pilot and/or observer and will operate at sites that are a 'sufficient distance' from populated areas within a pre

- determined and clearly marked flight area

. Such o perations will insure that the UAS will not create a hazard to users of the national a irspace system or the public

. b. Praeto rian UAS, LLC will not operate its UAS within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD), unless a letter of agreement with that airport’s
manage ment is obtained or otherwise p ermitted by a COA issued to Praetorian UAS, LLC

.

c. Flights will be terminated at 25% battery power reserve.
d. The UAS will be programmed so that it will not b e operated at an altitude of more than 400 feet AGL.

e. Minimum cre w for each operation will consist of the UAS Pilot in Command and the Visual Observer.5 f. The UAS Pilot in Command will be an airline transport, commercial, private, recreational, or sport pilot certificate holder and will also hold a current FAA airman me dical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government.
g. The UAS operated by the P etitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and gimbal).
h. The UAS will operate at speeds of no more than 55 knots. 15. Given the small size of the UAS and the restricted steri le environment within which it will operate, Petitioner’s UAS operations will adhere to the Reform Act's safety requirements. 16. Und er the requested exemption, Praetorian UAS , LLC will ensure that all operators have completed a UAS education and training program , including but not limited to all applicable regulations a nd guidance documents; aeronautical background information such as charts, NOTAMS and Aircraft Circulars; Radio Communications Procedures; Human Factors and Crew Resource Management; Basic Small UAS Aerodynamics; Weather factors; Airmanship and Decision

- making and Safe Operating Procedures.

V . Exem ptions Sought 17. The Petitioner Requests Relief From the following regulations, to the extent the FAA deems them applicable to the operation of civil UAS for the indicated purposes:

a. 14 CFR 21 and 14 CFR 36 b. 14 CFR 45.23(b) c. 14 CFR 61.23 d. 14 CFR 61.101, 14 C FR 61.113, and 14 CFR 61.315 e. 14 CFR 91.1036 f. 14 CFR 91.7(a) g. 14 CFR 91.105 h. 14 CFR 91.109 i. 14 CFR 91.119 j. 14 CFR 91.121 k. 14 CFR 91.151 l. 14 CFR 91.203(a) and (b) m. 14 C.F.R. 91.215 n. 14 CFR Subpart E (91.401

- 91.417) o. 14 CFR 91.9(b)(2)

A. 14 CFR § 21 and 14 CFR § 36 18. Petition er seeks relief from 14 CFR § 21 concerning airworthiness certificates, as well as any associated no ise testing requirements of § 36, with respect to the UAS identified herein

. 19. As set out herein, the size, weight, speed, operational c apability, visual line

- of

sight operation, and intended operating area of the UAS meet s the conditions of Pub. Law 112

- 95 § 333 (“Section 333”)

. 20. Moreover, the proposed opera ting procedures present an equivalent level of safety or better.
21. Petitioner reque sts that an exemption be granted or, in the alternative, a finding made that relief from parts 21 and 36 are not necessary for Petitioner’s intended operation. (See, e.g., Grant of Exemption No. 11282, Docket. No. FAA

- 2014

- 0977 (April 6, 2015), finding tha t such an exemption is “not necessary.”)

B. 14 CFR § 45.23(b) 22. Petitioner seeks relief from 14 CFR § 45.23(b) concerning aircraft markings, to the extent such relief is necessary.
23. Given the size of the UAS, its operation within visua l line of sight of the operator7 and other factors, such an exemption is war ranted.

C. 14 CFR § 61.23 24. The regulation provides that a person requires a first or second class medical to act as pilot in Command of an aircraft for compensation or hire.
25. Petitioner’s proposed operations require that the Pilot in Command (“ PIC ”) must hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government.
26. Since the aircraft cannot carry passengers or property, Petition er ’s proposed operating procedures meets the intent of § 61.23 , and Petitioner requests that an exemption be granted

.

D. 14 CFR § 61.101, 14 CFR § 61.113, and 14 CFR § 61.315 27. The regulation s provide that no person that holds a Recreational Pilot, Sport P ilot, or Private Pilot certificate may act as a PIC of an aircraft for compensation or hire.
28. Petitioner’s proposed operations require that the PIC must hold at least an airline transport, commercial, private, recreational, or sport pilot certificate.
29. Sin ce the aircraft cannot carry passengers or property, Petitioner meets the intent of § 61.113 Subparagraph (b) and requests that an exemption be granted

.

E. 14 CFR § 91.103 30. Petitioner seeks relief from 14 CFR § 91.103 concerning preflight action, particu larly that portion of the regulation concerning FAA

- approved flight manuals (which do not exist).
31. Petitioner will ensure that its pre - flight acti ons concerning UAS operations reflect8 that the PIC will “become familiar with all available information” conce rning the proposed flight, and therefore present an equivalent or better level of safety.
32. Given the size of the UAS, its operation within visua l line of sight of the operator and other factors, such an exemption is warranted.
33. Alternatively, given that P etitioner will account for all relevant site

- specific conditions in its preflight procedures, Petitioner asks for a finding that an exemption from § 91.103 is not necessary for the intended operation s
.

F. 14 CFR § 91.7 (a) 34. Petitioner seeks relief from 14 C FR § 91.7(a) concerning civil aircraft airworthiness.
35. Given the size of the UAS, its operation within visual line of sight of the operator, and other factors providing an equivalent level of safety, such an exemption is warranted.
36. Moreover, because petit ioner proposes that no airworthiness ce rtificate be issued for the UAS to be operated under this exemption, § 91.7(a) is inapplicable.
37. Therefore, in the alternative, Petitioner requests a determination that an exemption from § 91.7(a) is not necessary.

G . 14 CFR § 91.105 38. Petitioner seeks relief from 14 CFR § 91.105 concerning “Flight crewmembers at stations” and seat belt/harness fastening.
39. Because there are no crew members on board the UAS, and persons involved in the UAS operations will be present at the UAS ground statio n, Petitioner requests an exemption

. 40. Petitioner’s operating procedures provide for an equivalent level of safety.
41. Petitioner therefore requests either an exemption , or an acknowledgement that an9 exemption is not necessary.

H. 14 CFR § 91.109 42. Petitioner seeks relief from 14 CFR § 91.109 concerning flight instruction and dual controls.
43. Training will be conducted with dual controls utilizing two Spektrum transmitters with a wireless link between the transmitters. One transmitter is de signated the master transmitter and the other transmitter is designated as a slave. The PIC instructor, utilizing the master transmitter, will at all times be able to assume control of the UAS.
44. Thus, Petitioner requests either an exemption or confirmation that none is required.

I. 14 CFR § 91.119 45. Petitioner seeks relief from 14 CFR § 91.119 concerning minimum safe altitudes.
46. Petitioner’s UAS will be operated no higher than 400 feet above ground level, and, under its operating procedures, safe alternativ e landing and “abort site” locations will be selected in advance of each flight, in compliance with 14 CFR § 91.119(a) which permits operations “[a]nywhere.”
47. With respect to the balance of § 91.119 concerning minimum altitudes, Petitioner proposes to cond uct operations at least 50 feet from non

- essential or non

- participating persons, and prior to each operation the PIC will make a safety assessment of the risk of operating within the proximity of structures, vehicles and vessels.
48. Petitioner believes that given the size, weight and speed of the UAS to be operated, these parameters, along with its operating procedures present an equivalent level of safety compared to the 500

- foot minimum safe altitude of a manned aircraft set out in §10 91.119(c).
49. Petitioner is aware that in prior UAS exemption grants, the FAA has included as an operating condition a 500

- foot minimum distance separation from uninvolved persons.
50. Petitioner hereby requests the FAA either to raise the maximum operational altitude under Petitione r’s proposed exemption to 500 feet above ground level (from the typical 400 feet), or, preferably, to reduce the required distance separation from uninvolved persons to no greater than 400 feet, so that Petitioner's UAS, when in operation, may pass above p ersons in the operational area. (In Petitioner’s experience, the requested minimum separation parameter of 50 feet provides a very high level of safety.)

J. 14 CFR § 91.121 51. The regulation requires that aircraft shall maintain cruising altitudes by refere nce to an altimeter setting available within 100 NM of the aircraft.
52. Petitioner seeks relief from 14 CFR § 91.121 concerning altimeter settings, as Petitioner's UAS will utilize a GPS altitude read

- out, set to zero at the ground elevation of the departure location, thus indicating to the operator the operational altitude in feet above ground level.
53. This approach will provide an equivalent level of safety.

K. 14 CFR § 91.151 54. The regulation provides that no person may begin a flight in an airplane under d ay - VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes.
55. The intention of this regulation is to provide a fuel, or “ energy ” reserve as a safety buffer for delays to landing.11 56. Petition er’s UAS is battery operated , and the maximum duration of flight from a single battery charge is an average of 15 minutes with a 20% reserve.
57. Since the aircraft will never fly more than 1/2 NM from the point of intended landing, a full battery char ge at l aunch will ensure that Petitioner meet s the reserve energy requirement of this paragraph.
58. Petitioner request s an exemption to the word "fuel" , and ask s for an equivalent interpretation with the word "energy".
59. Petitioner also request s exemption from the 3 0 min ute reserve and ask s that its

reserve be to fly the mission to the point of intended landing and have at least a 20% battery reserve remaining.

L. 14 CFR § 91.203(a) and (b) 60. Petitioner seeks relief from 14 CFR § 91.203(a) and (b) concerning airworthiness certificates.
61. T he U AS to be operated weighs under 4 pounds, and will be operated within visua l line of sight, pursuant to Petitioner’s operating procedures , by a knowledgeable certificated operator.
62. An exemption from airworthiness certification is warranted pursuant to Section 333 in consideration of the weight, size, speed, and operational capabilities of the Petitioner's
UAS.

M. 14 C.F.R. § 91.215 63. This regulation states all aircraft operating within 30 nautical miles of class A, B and C airspace must be equipped with automatic pressure altitude reporting equipment having a Mode C capability that automatically replies to Mode C interrogations.12 64. Due to the small size and lifting capabilities of Petitioner’s UAS, it cannot carry a traditional transponder.
65. As such, Petitioner requests an exemption.

N. 14 CFR Subpart E ( §§ 91 .401
- 91.417) 66. The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43.
67. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection

. 68. It is Petitioner’s intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service."
69. The PIC will ensure that the aircraft is in an airworthy condition prior to every flight , an d conduct detailed inspections after every two hours of flight.
70. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on

- board computer. 71. Al l other maintenance will be performed by the manufacturer or their designated repair facility.
72. The PIC will document work performed in accordance with § 91.417.
73. D ue to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalen t level of safety.

O . 14 CFR § 91.9(b)(2) 74. Petitioner seeks relief from 14 CFR § 91.91(b)(2) concerning flight manuals and placard requirements.13 75. Beca use all persons involved in UAS operation s will be on the ground, not on board the U AS, such an exemption is warranted.
P. Other Exempti ons 76. Petitioner requests relief from any other federal aviation regulation that the FAA deems applicable to and preclusive of the proposed UAS operations herein in the absence of such an exemption.

**VI .**  **Petitioner’s Request is in the Public Interest a**  **nd Benefit s**  **the Public as a Whole**

77. Conducting the aforementioned operations with a UAS will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during similar traditional flight operations.
78. By using battery po wer and electric motors, Petitioner’s UAS produces no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for similar aerial operations , while burning approximately 20

- 30 gallons per hour of leaded aviation fuel.
79. Petitioner’s UAS, while reducing the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS is propelled by battery powered electric motors, rather than an internal combustion engine.
80. By using a UAS to perform the aforementioned activities, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be s ubstantially reduced or completely eliminated.
81. Aside from the lack of flight crew members located onboard the aircraft, Petitioner’s UAS (weighing approximately 2.8 pounds at its maximum gross weight and with no14 fuel on board), has less physical potential for collateral damage to life and property on the ground and in the air compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34
fee t, and a fuel capacity of 180 gallons).

**VI I**  **. Request for Blanket COA Approval**  82. On March 24, 2015, the FAA announced that it has implemented a new policy of granting "blanket" COAs to applicants requesting exemptions from the Federal Aviation Regulations un der Section 333 of the FAA Modernization and Reform Act of 2012.
83. Petitioner hereby requests a blanket, nationwide Certificate of Waiver or Authorization for airspace use within Class G airspace, at or below 400 feet.

Respectfully Submitted ,

Michelle Murtha, Esq. Counsel for Petitioner Murtha Law Firm, LLC 26 Railroad Avenue #3 18 Babylon, New York 11702

- 2204 Tel.: (631) 721

- 3396 Fax: (631) 991

- 7168 mmurtha@murthalawfirm.com