Pulse Aerospace Petition for Exemption

Pulse Aerospace 450 North Iowa Street, Suite 1A Lawrence, Kansas 66044 785-289-8402

Submitted on behalf of Pulse Aerospace by: Juniper Unmanned 1585 Quail St 13B Denver CO 80215 720-440-9960 matt.tompkins@juniperunmanned.com

US Department of Transportation, Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, SE Washington, DC 20590

Subject: Pulse Aerospace Exemption Request for Section 333 of FAA Modernization and Reform Act of 2012

Dear Sir or Madam,

Pulse Aerospace requests exemptions from the following federal aviation regulations: 

### § 14 C.F.R 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b), 45.23(b), Part 21(h), 61.101(e)(4) and (5), 91.9(b)(2), 91.119(b) to operate a Small Unmanned Aircraft System (sUAS) pursuant to 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Pulse Aerospace to operate sUAS for aerial data collection, aerial video, aerial photo and aircraft development.

**Proposed Use**

Pulse Aerospace provides the sUAS industry with the most efficient, safe and effective aerial solution for a broad range of purposes. With this exemption Pulse Aerospace will conduct commercial operations to perform aerial data, survey, inspection and security to customers.

**Background**

Pulse Aerospace, located in Lawrence, KS has developed autonomous flight control systems for unmanned aerial vehicles over the last twelve years working with small rotary wing crafts up to twelve hundred pound fixed wing vehicles in Antarctica. Over the last four years, Pulse Aerospace engineers have developed and manufactured unmanned aerial vehicles that showcase the superior flight controls previously developed. The Vapor 35 and Vapor 55 are helicopter based platform UAV’s that offer superior flight endurance, payload capacity and versatility, stability and safety designed to serve the mission profiles of the geospatial, survey, mining,

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utility inspection, security, forestry, to name a few, flying payloads ranging from mapping cameras and Gimbal mount camera to high end LiDAR sensors. Pulse Aerospace has also executed high level military based mission with specially developed dropping mechanisms in order to drop emergency medical supplies to soldiers in the field at a specific GPS coordinate on a beyond visual line of sight (BVLOS) basis.

**Basis for Petition**

Petitioner, Pulse Aerospace, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the Pulse Aerospace Vapor 35 and 55 sUAS in the National Airspace, and for an exemption from the requirements of 14 C.F.R Part 21(h), 61.101(e)(4) and (5), 61.113(a) & (b), 91.7(a), 91.9(b)(2), 91.119(b), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b). In consideration of weight, size speed and limited area of operation associated with the proposed aircraft, the Pulse Aerospace Vapor 35 and 55 meet the requirements of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R Part 21, Subpart H.

Pulse Aerospace requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b), as these sections are requirements for maintenance that applies solely to aircraft that possess airworthiness certificates.

Pulse Aerospace feels the requested relief is proper since an equivalent or superior level of safety will be maintained. Pulse Aerospace will maintain its aircraft with trained and authorized personnel. Being the manufacturer, Pulse Aerospace can provide its staff with the highest level of training and the most intimate knowledge of the aircraft system. All alterations, maintenance and preventative maintenance will be conducted according to Pulse Aerospace’s manufacturer methods, techniques and standards. These actions will be recorded in their appropriate logbooks.

Pulse Aerospace will require pilots to have at least a recreational pilot certificate and be current on the system in operation. Because of this requirement Pulse Aerospace requests an exemption from 61.113 (a) and (b) and 61.101 (e)(4) and (5). Pulse Aerospace will require their pilots to be certificated and current on the aircraft. Visual observers will be required to have familiarity with the aircraft per Pulse Aerospace standards. As Pulse Aerospace is the manufacturer we are in a position to provide the most comprehensive training to our pilots and operators. Operators will be trained to a standard that will meet or exceed the safety of a manned aircraft operation. All persons directly involved in flight operations will have intimate knowledge of the aircraft’s evasive and emergency maneuvers and will be trained to meet all the requirements of this exemption.

Pulse Aerospace plans to operate aircraft that do not require an airworthiness certification in accordance with 14 C.F.R. Part 21, Subpart H. Pulse Aerospace will implement an airworthiness assessment to be conducted before each flight to insure that the aircraft is safe to fly and

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complies with Pulse Aerospace’s requirements for maintenance and preventative maintenance standards.

Pulse Aerospace requests exemption from Section 91.121, Altimeter Settings, as the Pulse Vapor 35 and 55 do not have typical aviation barometers for altitude measurement. Both the Pulse Vapor 35 and 55 have barometric altimeters but are not adjustable. Position and altitude are communicated to the pilot from GPS to the Ground Control Station (GCS). This upload/ download link between Pilot and aircraft provide position, altitude, attitude and airspeed information. This allows excellent situational awareness and allows the pilot to maintain a high level of safety. The altitude equipment onboard the Pulse Vapor 35 and 55 allow the pilot to adhere to the requirements of this exemption in keeping the aircraft below 400ft AGL. Pulse Aerospace believes that the combination of highly accurate avionics onboard the Vapor 35 and 55 combined with training will ensure operations are equal to or exceed that of manned aircraft operations.

Pulse Aerospace requests exemption from Section 91.151(b), Fuel requirements for flight in VFR conditions . As the Pulse Aerospace 35 and 55 are electric powered with a relative short flight endurance. To require 45 minutes of reserve fuel would limit flights to 15 minutes severely limiting one of the most significant benefits of the Pulse Vapor 35 and 55. Aircraft flights and reserve fuel will be calculated according to Pulse Aerospace standards.

Per the requirements of 14 C.F.R. 11.81, Pulse Aerospace provides the following information in support of its petition for exemption:

Pulse Aerospace Aaron Lessig Chief Executive Officer 450 North Iowa Street, Suite 1A Lawrence, Kansas 66044

Part 21(h) (airworthiness certification) 45.23(b) (marking of the Aircraft) 61.101(e)(4) and (5) 61.113(a) and (b) (private Pilot Privileges and Limitations) 91.7(a) (b) (civil aircraft airworthiness) 91.9(b) (2) (civil aircraft flight manual... requirements) 91.119(b) (minimum safe altitudes) 91.121(altimeter settings) 91.151(a) and (b) (fuel requirements in VFR conditions) 91.405(a) and (b) (maintenance required) 91.407(a)(1) (operation after maintenance) 91.409(a) (inspections) 91.417(a) and (b) (maintenance records)

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**Pulse Aerospace Requests Exemption From The Requirements of C.F.R. Part 21(h).** 14 C.F.R. Part 21 Subpart H requirements for Airworthiness Certificates. Pulse Aerospace intends to fly the Pulse Vapor 35 and 55 aircraft. Considering the size, speed, endurance and operational restrictions, Pulse Aerospace requests relief from C.F.R. Part 21 Subsection H. Each sUAS (including payload) is less than 55lbs, carry no explosive materials or flammable liquid fuels, and would operate outside controlled airspace, with no passengers or crew on board (Clayco Exemption No. 11109, page 10). The Pulse Vapor 35 has a cruise speed of 21.7kts and a max takeoff of 35lbs. The Vapor 55 has a cruise speed of 21.7kts and a max takeoff of 55 lbs. Pulse Aerospace believes that with this relief an equal level of safety will be maintained compared to similar manned aircraft operations.

**Pulse Aerospace Requests Exemption From The Requirements of C.F.R. 45.23(b).** 14 C.F.R. Section 45.23(b) requires that certain experimental, provisionally certified aircraft or light-sport category aircraft to be marked with letters between 2 and 6 inches high as “Limited”, “Restricted”, “Light-Sport”, “Experimental”, or “Provisional” near each entrance to the cabin, cockpit or pilot station. The Pulse Vapor 35 and 55 included in this exemption will have no airworthiness certificate, should this 333 exemption be approved, is not of a size on which 2 to 6 inch lettering is possible and does not have a cabin or pilot station on which the word “Experimental” can be placed. For these reasons, Pulse Aerospace respectfully requests an exemption from this regulation. Pulse Aerospace will mark each of its aircraft in a manner that allows easy identification as to maintain a similar level of identification achieved by manned aircraft.

**Pulse Aerospace Requests Exemption From The Requirements of C.F.R. 61.113(a) and (b) and 61.101(e)(4) and (5).**  14 C.F.R. 61.113(a) and (b) Private pilot privileges and limitations: Pilot in command. Pulse Aerospace will require its pilots to have at least a recreational pilots certificate and a 3 rd class medical certificate. Pulse Aerospace does not feel requiring pilots to obtain commercial pilot certificates would increase operational safety. As the proposed aircraft are electric, small in size, operate at slow speeds, operate in VFR conditions, uncontrolled airspace, operate in daylight hours only and do not carry pilots or passengers, a recreational or private pilot certificate provides a level of safety that is equal to a commercial certificate. In addition, Pulse Aerospace will require its pilots to be current and show proficiency on the aircraft in operation.

**Pulse Aerospace Requests Exemption From The Requirements of C.F.R. 91.7(a) and (b).** 14 C.F.R. 91.7(a) and (b) Civil aircraft airworthiness. Pulse Aerospace requires a compliance check of its aircraft referencing the aircraft maintenance log book. Pulse will also require its operators to conduct pre-flight inspections of the aircraft and ground control station. In addition, aircraft are subject to a strict preventative maintenance program per Pulse Aerospace (manufacturer) standards. All maintenance will be recorded in maintenance log books. Pulse requests exemption from 91.7(a) and (b) because the Pulse Vapor 35 and 55 do not require anAirworthiness Certificate. Pulse Aerospace will insure that the aircraft is airworthy based on preflight inspections and preventative maintenance. With this program in place, Pulse Aerospace feels a level of safety equal to or greater is achieved compared to similar manned aircraft operations.

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**Pulse Aerospace Requests Exemption From The Requirements of C.F.R. 91.9(b)(2).** Section 91.9(b)(2) requires that, 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 placards, or any combination thereof. The sUAS, given its size and configuration has no ability or place to carry a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot and crew flying the sUAS will have immediate access to it. For these reasons, Pulse Aerospace requests exemption from 

### § 91.9(b) (2).

**Pulse Aerospace Requests Exemption From The Requirements of C.F.R. 91.119(b).** Section 91.119(b) states: Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

Pulse Aerospace intends to operate the listed sUAS over private or controlled-access properties, which are not themselves congested areas, but which may be located within a broader densly populated and congested area. Pulse Aerospace feels exemption from 91.119(b) is warranted as its aircraft are small, lightweight, battery-operated, carry no crew or passengers, will operate over private or controlled access property at all times from takeoff to landing and thus can be safely operated well below the altitudes used by manned aircraft. Pulse Aerospace will make every reasonable effort to ensure that no unauthorized persons will be within the area of operation during flight, and will provide notice to adjacent proprietors as may be necessary to ensure that unauthorized persons do not come within the parameters in which the sUAS will be operated. All operations will be conducted continuously within VLOS of the PIC and VO. Combined with the technological capabilities of the sUAS and that the listed operational conditions to minimize risk Pulse Aerospace requests exemption from 14 C.F.R. 91.119(b).

**Pulse Aerospace Requests Exemption From The Requirements of C.F.R. 91.121.** 91.121 requires aircraft to have and use a barometric altimeter during flight. Pulse Aerospace’s aircraft do possess barometric altimeters supplemented by GPS altitude reporting. Because Pulse Aerospace aircraft reference starting altitude relative to the ground for emergency procedure and flight altitude, adjusting the barometric altimeter according to closest station would introduce undue risk to the operation. Operations will be conducted from private and controlled access property, in uncontrolled airspace, not above 400ft AGL and always within sight of PIC and VO. Because of the listed conditions Pulse Aerospace requests exemption from 14 C.F.R. 91.121.

**Pulse Aerospace Requests Exemption From The Requirements of C.F.R. 91.151(a) and (b).** 91.151(a) and (b) Fuel requirements for flight in VFR conditions require 30 minutes of reserve fuel for daytime flights and for flight conducted at night 45 minutes of reserve. The aircraft that Pulse Aerospace has proposed in this request are electric and only conduct flights of 35 minutes and 1 hour. Because of this, requiring 30 minutes of fuel reserve would severely constrain the flight the ability of the Pulse Aircraft to conduct aerial operations. Exemption from 91.151(a) and (b) is requested to the extent necessary to allow the proposed Pulse aircraft to operate with a 30%

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battery charge reserve. In addition, Pulse will operate its aircraft based on the suggested flight times in the manufacturer manual and require a battery maintenance program for all its aircraft.

**Pulse Aerospace Requests Exemption From The Requirements of C.F.R. 91.405(a)(b), 91.407(a)(1), 91.409(a) and 91.417(a) and (b).**  In support of Pulse Aerospace’s request for an exemption from 14 C.F.R. 91.405(a)(b), 91.407(a)(1), 91.409(a), and 91.417(a) and (b), Pulse Aerospace will adhere to the following inspection and maintenance program: Pulse Aerospace must carry out its maintenance, inspections, and record keeping requirements in accordance with the aircraft manufacturer manuals. Maintenance, inspection, and alterations must be recorded in the aircraft logbook, including total flight hours, description of work accomplished, and the signature of the authorized sUAS maintenance personnel returning the sUAS to service. Pulse Aerospace, as the manufacturer of the sUAS listed in this exemption, are in the position to require a standardized inspection and maintenance program for all its aircraft. This allows Pulse to ensure a equivalent or superior level of safety in its aircraft maintenance and inspection compared to manned aircraft operations. Considering these conditions Pulse Aerospace feels relief from 14 C.F.R. 91.405(a)(b), 91.407(a)(1), 91.409(a), and 91.417(a) and (b) is warranted.

**Why Granting this Exemption would not Adversely Affect Safety** All operations conducted by Pulse Aerospace will adhere to the following risk mitigating conditions to achieve an equal to or greater level of safety compared to similar manned aircraft operations :

1. Operations will be limited to the Pulse Vapor 35 and 55 sUAS with a maximum takeoff weight of less than 55lbs. 2. Aircraft will adhere to the manufacturer maximum speeds and will not exceed
87kts. 3. All operations will be conducted at 400 feet AGL or below. 4. Operations will be conducted by unaided Visual Line of Sight by both the
Pilot in Command and Visual Observer. 5. The Pilot in Command will possess at least a 3 rd Class medical certificate and the Visual Observer will possess at least a 3 rd Class medical or state issued
drivers license. 6. PIC and VO will remain within verbal communication range for the duration of flight. 7. Both the PIC and VO will be trained and current on the system in operation to the extent that they can conduct emergency procedures and evasive maneuvers per Pulse Aerospace standards.
8. VO and PIC roles cannot be change during the operation.

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9. The following documents will be made available during all flight operations: - 333 Exemption - Exemption amendments - Aircraft registration
- Certificate of Waiver or Authorization

- Insurance 10. Any aircraft that has undergone maintenance or modification will undergo a functional flight test. This test will be conducted by a certified PIC and VO trained in functional flight testing according to Pulse Aerospace standards. Functional flight testing will be conducted under an enhanced level of safety. Special considerations will be made to further reduce hazard to persons and property. 11. Aircraft airworthiness responsibility is specific to the PIC assigned to the operation. It is the PIC’s responsibility to ensure the aircraft is fit for flight. 12. Before each flight the PIC will conduct a pre-flight check of the sUAS. This will include control surfaces of the aircraft, the collective, servo movement, GPS antenna, RC antenna, frame and landing gear, battery condition and charge, electric motor and transmission, tail collective and rotor and magnetometer calibration. In addition the PIC will check the Ground Control Station (GCS) for proper function. If any condition that would compromise flight safety is found, the aircraft will be grounded and condition noted in aircraft log book. 13. All operations will adhere to Pulse Aerospace maintenance and replacement standards including life limits of aircraft components. 14. Pulse Aerospace PIC’s will possess at least an FAA issued recreational pilot
certificate and a 3rd class medical certificate or state issued drivers license. 15. The PIC assigned to an operation will have demonstrated his or her knowledge of the sUAS they are using. This knowledge includes, evasive maneuvers, emergency procedures and the ability to fly safely while adhering to appropriate distances from persons, vehicles and structures. These proficiency standards will be established by Pulse to reduce hazards to a level exceeding similar manned aircraft operation. 16. All operations will be conducted during daylight hours within class G airspace in VFR conditions. Operations outside G airspace will only be conducted with FAA permission via a Certificate of Waiver or Authorization (COA). 17. Operations will not be conducted within 5nm of an airport reference point as displayed on an Airport/Facility Directory. Operations within this 5nm will only be conducted with FAA permission via a COA.

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18. In the event of an emergency the PIC will immediately terminate the flight. Emergency procedures that terminate the flight will end with landing on private controlled access property. 19. Before flight operations the PIC will make himself aware of all metrological
conditions both current and forecasted. 20. Operations will be conducted in metrological conditions consistent with the limitations of the Vapor 35 and 55 standards established by Pulse Aerospace. 21. The PIC must give way to all manned aircraft and maintain a responsible
level of deconfliction in accordance to the conditions outlined in this exemption but also to the effect that risk to both manned aircraft and
unmanned is minimal. 22. During flight the aircraft will remain 500 feet from nonparticipating persons, vehicles and structures; unless barriers are in place eliminating hazard to persons, vehicles and structures. 23. For all operations a NOTAM will be filed 48 hours in advance.

**Reasons Why Granting this Petition is in the Public Interest** Throughout this Petition, Pulse Aerospace has explained many reasons why granting an exemption from each section of the FAR from which relief is sought would result in sUAS operations that provides a level of safety at least equal to, or greater than that provided by the rule from which exemption is sought.

Pulse is in a position to provide the sUAS industry with an aircraft that is reliable and robust to perform critical public interest tasks. Such tasks could include:

Inspection of bridges, roadways, communication towers and power lines.

Environmental research, such as wildlife tracking or erosion detection.

Emergency response such as railway accidents, flooding or wildfire.

Delivery of critical medical supplies.

These are just a few of the potential public interest uses that Pulse Aerospace’s Vapor 35 and 55 aircraft could fulfill.

Moreover, the many conditions and limitations proposed in this Petition also ensure at least an equivalent level of safety compared to manned aircraft operations is achieved , as the FAA concluded in the Trimble Exemption and the Astraeus Exemption.

In general, the risks of any proposed sUAS operation interfering with a manned aircraft is minimized by the low altitude at which the sUAS will operate; the locations at which the sUAS will operate (e.g., Class G airspace, private or

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controlled access property, away from airports); the small size/low weight and relatively slow speed of the sUAS; the restriction of sUAS operations to VMC and daytime conditions; the requirement for the PIC to maintain VLOS of the sUAS at all times; and the condition to obtain a NOTAM before each sUAS flight; the considerations for non-participating persons or structures; the prohibition on flights over congested or densely populated areas, among other conditions and limitations. These parameters, conditions, and limitations proposed in the Petition provide substantial protection against interference with manned aircraft operations or with the safety of persons or property on the ground. In addition, under the proposed conditions and limitations stated above, Pulse Aerospace will coordinate, as warranted, with the FAA, with local airports, and with property owners to ensure that all sUAS operations under the exemption are at least as safe as manned aircraft operations used for similar purposes.

Should the FAA determine that publication of a summary is required, Pulse Aerospace submits the following summary to be included in the Federal Register:

Pulse Aerospace seeks an exemption to operate the Pulse Vapor 35 and 55 sUAS to perform aerial data, survey, inspection and security services to customers.

Sincerely,

Pulse Aerospace Aaron Lessig Chief Executive Officer 450 North Iowa Street, Suite 1A Lawrence, Kansas 66044

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