Page 1 of 17 March	6,	2015

Submitted	to: 

### US	Department	of	Transportation Docket	Management	System 1200	New	Jersey	Ave.,	SE Washington,	DC	20590

Submitted by : 

# Menet	Aero,	Inc.

517	E	Otjen	St

. Milwaukee ,	WI	53207 (414)	534

- 9980 contact@menetaero.com 

# Section	333 Exemption	Request 08 FallPage 2 of 17 

### Table	of	Contents

Summary

................................ ................................ ................................ ................................ ..... 3

Introduction	an d	Interests	of	Petitioner

................................ ................................ ......... 3 Operation	Guidelines

................................ ................................ ................................ ...................... 4 Definitions

................................ ................................ ................................ ................................ .......................... 4 General

................................ ................................ ................................ ................................ ................................ . 5 Confined	Area	of	Operation

................................ ................................ ................................ ........................ 5 Light,	Weather,	and	Visibility	Requirements

................................ ................................ ...................... 6 Crew	Qualifications

................................ ................................ ................................ ................................ ........ 7 Aircraft	Performance	Capabilities	&	Design

................................ ................................ ........................ 8 Privacy	and	Legal	Concerns

................................ ................................ ................................ ........................ 9

Basis for	Petition

................................ ................................ ................................ ................... 10 Specific	Sections	of	14	C.F.R.	From	Which	Menet	Aero	Seeks	Exemption

.................... 10 The	Extent	of	Relief	and	the	Reasons	Menet	Aero,	Inc.	Seeks	Relief

............................. 10 Why	Granting	Menet	A ero,	Inc.’s	Request	Would	Be	in	the	Public	Interest

................ 16 Summary	for	Federal	Register

................................ ................................ ................................ ... 16 Additional	Information,	View,	or	Arguments	to	Support	Menet	Aero’s	Request

...... 17

Conclusion

................................ ................................ ................................ ............................... 17Page 3 of 17 

## Summary

Menet Aero,	Inc.	(hereinafter	referred	to	as	“Menet Aero”)	seeks	an	exemption	from the	requirements	of 14	CFR	21,	Subpart	H, 14	CFR	61.3	(c),	14	CFR	61.113	&	14	CFR 61.133, 14	CFR	91.9, 14	CFR	91.105, 14	CFR	91.109,	14	CFR	91.119,	14	CFR	91.121, 14	CFR	91.151, 14	CFR	91.203	(a)	&	(b), 14	CFR	91.213 ,	and	14	CFR	91	Subpart	E

. This	exemption	will	allow	Menet Aero	to	operate Small Unmanned	Aerial	Systems ( S UAS)	for	commercial	and	non

- recreational	purposes	over	various	areas within the United	States.



## Introduction	an d	Interests	of	Petitioner

Menet Aero	is	comprised	of	a	team	of	military	trained	UAS Operator s, current	and former	military	helicopter	pilots, FAA licensed private	and	commercial	pilots, military	trained	aviation	maintenance	technicians,	FAA	licensed	Airframe	and P owerplant	(A&P)	technicians,	FAA	licensed	Aeromedical	Examiners	(AMEs),	and model	aircraft	enthusiasts.	Our goal	is	to	provide manned	and	unmanned	aviation services	to	a	variety of	industries and	organizations under	the experienced	and watchful	oversight	of	professional	aviation	personnel

. Our	core	business	focus	is to prov id e our clients	and	partners access	to the	most	economical	aviation	solution	to meet	their	needs	while	not	c ompromising	the	safety	or	integrity	of	the	National Airspace	System	(NAS). SUAS operations	conducted	by	Menet Aero	will	benefit	the public	as	a	whole	by	allowing	commercial	entities,	public	agencies,	and	research institutions	access	to	potentially	game

- cha nging	technology	wi th	the oversight	of those	intimately	familiar	with	FAA	regulated	operations.

Our	proposed	SUAS	operations	include:

• Crop	monitoring/inspection

,

• Geological	Survey

,

• Research	and	development

,

• Educational/academic	uses

,

• Power

- line/pipeline	inspection s ,

• Antenna	and	building	inspections

,

• Integrating	with n ational, s tate,	and l ocal e mergency m anagement	entities	to assist	with	emergency	functions	such	as s earch	and r escue ,

• Bridge	inspections

,

• Aerial	photography

, and

• Wildlife	nesting	area	evaluations.

Menet Aero	has	reviewed	the	recently	released	NPRM	Draft	SUAS	Law	RIN	2120

- A J60	(herein	referred	to	“Part	107”)	dated	Feb

. 15,	2015

, and with	minor	exceptions,Menet	Aero,	Inc.

Page 4 of 17 has	adjusted the operation s and	procedures described	in	this exemption	request to mirror	the framework set	forth	in the	proposed Part	107

. 1 Since	SUAS	technology	is still	in	its	i nfancy

, our	goal	for this	exemption request is	to explain	the	procedures under	which	we	will	operate	and	how	we	will	select	aircraft	that address	the existing	requirements	of	the	Section	333	exemption	process

, as	well	as meet	the requirements	of	proposed	Part	107 .	This approach will permit us	the	flexibil ity	to adopt	new	technology	and	procedures as	they	become	available	in	the	hopes	of enhanc ing both	the safety	and e ffectiveness of	our	operations

. The	end	result	is	that Menet Aero will stay	informed	of	changes	in	SUAS	technology	and	regulations	to

ensure our	equipment	and	operations	are	being	conducted	in	accordance	with	all applicable	laws	while	leveraging	the	most	advanced	and	safest	technology	available.



### O perati o n	Guidelines

The	following	is	a	list	of proposed operation guidelines by	which Menet	Aero will abide

.

Definitions

Confined	Area	of	Operations	(CAO)

– An	area	established	to	confine	the	flight	of	a small	unmanned	aircraft	in	order	to	allow	the Operator to	become	familiar	with	the area	of	operation	and	create	contingency	plans	for	using	the	environment	to mitigate	the	risk	associated	with	the	possible	loss	of	positive	control.

Control	Station

– A n	interface	used	by	the Operator to	control	the	flight	pat h	of	the small	unmanned	aircraft

.

Immediate	Area	of	Influence (IAI)

– The	area	immediately	surrounding	a	CAO	that SUAS	operations	may	have	secondary	effects	on.	Example:	an	urban	CAO	may	be limited	to	a	small	property	but	nearby	neighbors	could	be	affecte d	by	privacy concerns	that	the	SUAS	presents.	Although	IAI	are	not affected	by	the	same	safety

concerns	as CAO s ,	they	may present	non

- safety	related	issues	that	need t o	be addressed

.
Loss	of	Positive	Control	(LPC)

– A	condition	where	the	UAS Operator may	become unable	to	directly	control	the	UAS	due	to	a	failure	of	the	control	link	between	the aircraft	and	the Operator ’s	control	station.

1 Example:	All	operations	will	be	conducted	less	than	500	feet	AGL	unless	inspecting	ground

- based objects	such	as	buildings	or	towers	exceeding	500	feet	in	height.	Under	these	conditions,	the	SUAS will	remain	within 50	meters	( 1 64 feet ) laterally	and	no	more	than	10	meters	(33	feet)	above	the structure.	A	NOTAM	will	be	submitted	a	minimum	of	48	hours	prior	to	these	operations.Menet	Aero,	Inc.

Page 5 of 17 Operator	(OP)

– The	person	who	manipulates	the	flight	controls	of	a	small	UAS.	The Operator is	directly	responsib le	for,	and	is	the	final	authority	as	to	the	operation	of the	SUAS.

Part	107

– The	proposed	new	part	of T itle	14	of	the	CFR	that	would	govern	small UAS	operations.	Since	this	regulation	does	not	yet	exist,	the	exemption	request references	the	proposed	Par t	107	details	as	described	in	the	recently	released NPRM	Draft	SUAS	Law	RIN	2120

- AJ60	dated	Feb

. 15,	2015.

Small	Unmanned	Aircraft	System	(SUAS)

– A	small	unmanned	aircraft	(which,	as defined	by	statute ,	is	an	unmanned	aircraft	weighing	less	than	55 pounds 1 )	and equipment	necessary	for	the	safe	and	efficient	operation	of	that	aircraft.

Visual	Observer	(VO)

– A	person	who	assists	the	SUAS Operator in	seeing	and avoiding	other	air	traffic	or	objects	aloft	or	on	the	ground. A	VO	is required	for operatio ns when the Operator is incapable	of	seeing	the	SUAS.	Example:	First Person	View	(FPV)	operations.

General

• A	SUAS Operator is	required	to	see	and	avoid	all	other	users	of	the	NAS	in	the area	in	which	the	SUAS	is	operating.

• SUAS	are	prohibited	from	operati ng	in	Class	A	airspace	and	require	prior permission	from	Air	Traffic	Control	to	operate	in	Class	B,	C	or	D	airspace,	or with	in	the	lateral	boundaries	of	the	surface	area	of	Class	E	airspace designated	for	an	airport. Operations	are	allowed	within	Class	G airspace without	ATC	permission.

• SUAS	must yield right

- of

- way	to	other	aircraft,	manned	or	unmanned.

• No	person	may	act	as	an	Operator	or VO	for	more	than	one	unmanned aircraft	operation	at	one	time.

• No	careless	or	reckless	operations	are	permitted.

Confined	Area	of	Operation

Menet	Aero	embraces	the	FAA’s	proposed	performance

- based	operator

responsibility	standard	built	around	the	concept	o f a	confined	area	of	operation (CAO) for	SUAS	operations	as	a	means	to	mitigate the	risk	associated	with a	loss	of positive	control	condition.		The	Menet	Aero	SUAS Operator will	establish	a	CAO prior	to	all	SUAS	operations	and	will continually monitor	it	to	ensure	it	is	not compromised.	A	CAO	will	have	the	following	properties:

• Later al	Boundaries: T he	CAO	will	be	limited	t o	a	circle	around	the	person maintaining	visual	contact	with	the	aircraft	with	the	radius	of	that	circle being	limited	to	the	farthest	distance	at	which	th at person has	sufficient	view

1 Pub.	L.	No.	112

- 95,	sec.	331(6).Menet	Aero,	Inc.

Page 6 of 17 of	the aircraft. As	a	good	oper ating	practice

, the	CAO	will	be	no	larger	than the	area	required	for	the	specific	operation.

• Vertical	Boundaries: T he	CAO	will	not	exceed	500	feet	AGL	unless	inspecting a	ground

- based	structure	more	than	500	feet	in	height	such	as	a	building, bridge	or	ant enna.	When	inspecting	a	ground

- based	structure	above	500	feet, the	SUAS	will	remain	within 50	meters	( 1 64 feet ) laterally	and	will	fly	no more	than 10	meters	( 3 3 feet ) above	the	highest	point	on	the	structure. Menet Aero	will	coordinate	with	the	local	ATC	facility	prior	to	conducting	any operations	over	500	feet

.

• No	one	will	operate	an	SUAS	from	a	moving	platform	with	the	exception	of watercraft.

• All	personnel	within	the CAO	and the IAI will	be	i nformed	of:

o The	purpo se of the	SUAS	operations

, o Where	they	can	expect	the	SUAS	to	be	operating	and	at	what	altitude

, o What	they	should	do	to	ensure	their	safety

, o Menet	Aero’s	privacy	policy

, and

o Menet	Aero’s	contact	information	for	use	in	the	event	they	have	any

concerns

.

• No SUAS	will	be	flown	over	personnel	who	are	not	directly	involved 1 in the operation.	This	does	not	include	personnel	protected	by	a	structure	with sufficient overhead	cover to	nullify	the	danger	of	an	SUAS	impact such	as	a building	or	automobile.

• P ersonnel	d irectly	involved in	the	operation will	be	briefed	by	the Operator

on the	following	items in	order	to	reduce	risk	of	injury :

o Operating	conditions

, o Emergency	procedures

, o Contingency	procedures

, o Roles	and	responsibilities ,	and

o Potential	hazards.

Light,	Weather,	and	Visibility Requirements

Menet	Aero	will abide	by	the	following	minimum light, weather and visibility requirements	during	all	SUAS	operations :

Daylight O nly

– Menet	Aero	will	only	conduct	SUAS	operations	between	the	hours	of official	s unrise	and	official	sunset	for	the	location in	which they	are	operating.

1 A	person	is	directly	involved	in	the	operation	when	his	or	her	involveme nt	is	necessary	for	the	safe operation	of	the	SUAS.Menet	Aero,	Inc.

Page 7 of 17 Cloud C learances

– SUAS	will	maintain	a	minimum	of	the	following	distance separation	from	clouds :

• 500	feet	below

• 2000	feet	horizontal

Visibility

• 3	Statute	Miles	from	the c ontrol s t ation

Winds

• Unless	otherwise	specified	in	the	SUAS	operator’s	manual,	p redominant	wind

n ot	to	exceed 80 percent of the	S UAS	max	airspeed.

o Example: If	the	S UAS	max	airspeed	is	40	knots ,	o perations	will	not commence	if	observed predominant winds	are greater	than	3 2 knots. Also,	operations	in	progress	will	terminate	if predominant wind speeds	exceed	3 2 knots.

o Operator	must	exercise	good	judgment	as	UAS	max	airspeed	may	be affected	by	a	variety	of	factors	such	as	atmospheric	conditions,	low battery,	an d	variation	in	payload.

Crew Qualification s

General The Operator will	serve	in	the	role	of	Pilot	in	Command	(PIC)	for	SUAS	operations. Operators	will	report	an	accident	to	the	FAA	within 10	days of	an y	operation	that resul ts	in	injury	or	property	damage

.
Operator	Licensing Until	the	FAA	begins	issuing	UAS	specific	licenses,	all Operator s	will be	one	of	two categories:

• FAA	license d	pilot	with	a minimum of	a	private	pilot	endorsement

• M ilitary	trained	UAS O perat or who :

o Completed	FAA	private	pilot	ground	school,

o Passed	the	FAA	Private	Pilot	written	exam	or	FAA	recognized equivalent ,	and

o Possesses	official	documentation	of	military	UA S	training	(e.g.	DA Form	1059).

o Must	be	vetted	by	the Transportation Security	Administrati on.

Operator	Medical The O perator	will	be	required	to self

- certify, prior	to	all	SUAS	operations that	they	do not	have	a	medical	condition	that	could	interfere	with	the	safe	operation	of	a	small	UAS

.

Visual	Observer A V isual O bserver	(VO)	may	be	used	to assist	the O perator in maintaining	visual contact	with	the	SUAS	in	place	of the	operator .	VOs	are	not	required	to	have	any formal	FAA	certification;	however,	the o perator	must brief	them	on	the	operation	toMenet	Aero,	Inc.

Page 8 of 17 be	performed	prior	to	commencement.	The	VO	and o perator are	required	to	remain in	contact	throughout	the	operation.	This	can be	by unassisted	oral	communication

or by	radio	or	other	communication

- assisting	device.

Briefer To	provide	an	enhanced	level	of	safety, Menet	Aero	intends	to	establish	a	briefer program	where	all	proposed	operations	will	be	reviewed and	approved by	a n	FAA commercially	rated	aviator ( B riefer) prior	to	commencement.	The B riefer	will	serve as	a	second set	of	eyes	to	ensure:

• A ll	the required prior coordination	was	done	with	airspace	and	ground

owners,

• T he	forecast	weather	meets	minimum	requirements,

• The	number	of	crewmembers	is	sufficient	for	the	proposed	operation,

• T he o perator	is	qualified, current
, and	proficient	on	the	SUAS	being	used ,	and

• T here	are	no	NOTAMS,	TFRS,	or	other	advisories	that	will	affect	the operation.

Aircraft	Performance	Capabilities	&	Design

Since	Menet	Aero	will	be	providing	professional	aviation	services	to	a	variety	of industries

, it	is	difficult	to	select	a	s ingle	platform	that	can	accomplish	all	missions. In	most	cases	Menet	Aero	will	seek	to	use	proven	off

- the

- shelf	products	such	as	the Sensefly	Ebee,	AgEagle,	and	Falcon	Hover. Menet	Aero	also	possesses	the	capability to	manufacture	highly	specialized	SUAS	b uilt	on	industry	standard	technology such as	DJI	and	3DR	components .	In	order	to	remain	agile	and	ready	to	meet	customer’s needs	but	also	meet	the	limitations	proposed in	Part	107 for	SUAS, Menet Aero	will only	operate	SUAS	that	meet	the	following	criteria:

• FAA	airworthiness	certification	is	not	required.	However,	the	Operator	must maintain	a	SUSA	in	condition	for	safe	operat ion	and prior	to	flight	must inspect	the	UAS	to	ensure	that	it	is	in	a	condition	for	safe	operation.

• All	Menet	Aero	aircraft	will	be	registered	with	the	FAA	in	accordance	with existing	procedures.	Registration	information	will	be	maintained	at	the control	station.

• Max	calibrated	airspeed	at	fu ll	power	in	level	flight will	not	exceed 87	knots (100	mph).

• Total	weight	of	the	unmanned	aircraft	will	not	exceed	55	lbs	(25	kg).

• Manuals	and	checklists:

o All	SUAS	will	have operator’s	manuals	that	include pre

- flight procedures	that	will	be	executed	by	the crew prior	to each flight operation	in	order	to	determine	that	the	SUAS	is	safe	for	operation

. o All	SUAS	will	have	emergency	procedure	checklists.

o Manuals	and checklist	will	be	ma intained	at	the	control	station	and must	be	accessible	to	the	Operator	at all	times.Menet	Aero,	Inc.

Page 9 of 17 o Any	of	the	above	manual	and	checklists	that	are	not	provided	by	the manufacturer	must	be	created	and	thoroughly	vetted	prior	to performing	any	commercial	operations.

• Aircraft	markings	will	be	displayed	on	the	aircraft	in the	largest	practicable manner	in	accordance	with 14CFR §45.29 (f)

.

• Prior	to	operating	any	SUAS	for	commercial	purposes	in	an	urban	area, Menet	Aero	will	first	conduct	flight	tra ining	in	a	controlled	rural	CAO,	with the	minimum	personnel	required to safely familiarize	Operators	w ith	the aircraft’s	characteristics.	This	includes	but	is	not	limited	to:

o Preflight	procedures

, o Take	off ,	inflight, and	landing	procedures

, o Automated LPC	settings (if	available) ,	and

o Emergency	procedures

. Only	after	the O perator	ha s confidence	in	both	the S UAS and	their	operating proficiency	will	they	perform	operations	in	an	urban	CAO.

• Operators	will	ensure	that the	small	UAS	has	enough	power	to	operate	for	its intended	operational	time	and	an	additional	five	minutes .	T he Operator will be	required	monitor power levels	throughout	the	flight	and	modify	the mission	if	required.

Privacy	and L egal C oncerns

Menet	Aero	only	conducts	UAS	operations for legal	purposes.	Menet	Aero	pledges	to stay	informed	and	current	on	all	laws	governing	UAS	operations	and recognizes they	may	differ	from	one	locality	to	the	next. In	the	event	that	there	are	conflicting laws	or	regulations,	Menet	Aero	will	abide	by	the	one	that	is the most	conservative. Should	specific	concerns	arise

, Menet	Aero	will	work	with	all	interested parties involved to	address them

.Menet	Aero,	Inc.

Page 10 of 17 

## Basis for	Petition

Specific	Sections	of	14	C.F.R. F rom W hich	Menet Aero S eeks E xemption

Below	follows	a	list	of	specific	sections from which	this	exemption	request	relief:

• 14	CFR	21 ,	Subpart	H

– This	subpart	prescribes procedural	requirements	for the	issue	of	airworthiness	certificates.

• 14	CFR	61.3	(c)

– Requirements	for	certificates,	ratings,	and	authorizations. Medical	certificate.

• 14	CFR 61.113

– Pilot	privileges	and	limitations:	Pilot	in	command. & 14	CFR 61.133

– Commercial	pilot	privileges	and	limitations.

• 14	CFR	91.9

– Civil	aircraft	flight	manual,	marking	and	placard	requirements.

• 14	CFR	91.105

– Flight	crewmembers	at	stations.

• 14	CFR	91 .109

– Flight	instruction ,	s imulated	instrument	flight	and	certain flight	te sts.

• 14	CFR	91.119

– Minimum	safe	altitudes:	General.

• 14	CFR	91.121

– Altimeter	settings

• 14	CFR	91.151

– Fuel	requirements	for	flight	in	VFR	conditions.

• 14	CFR	91.203	(a)	&	(b)

– Civil	aircraft:	Certifications	required.

• 14	CFR	91.213

– Inoperative	instrume nts	and	equipment.

• 14	CFR	91	Subpart	E

– Maintenance,	Preventive	Maintenance,	and	Alterations



### The E xtent	of R elief	and	the R eason s Menet	Aero,	Inc

. S eeks R elief

Below is a	list	of	each section	of	14	C.F.R. from	which Menet Aero	seeks	relief,	the extent	of	the	relief	requested,	and	the	reasoning	behind	the	request:

• 14	CFR	21,	Subpart	H

– This	subpart	prescribes	procedural	requirements	for the	issue	of	airworthiness	certificates.

o Menet	Aero	agrees	with	the	FAA	opinion	that	“ due	to	their	light	weight, small	unmanned	aircraft	generally	pose	a	significantly	lower	risk	to people	and	property	on	the	ground	than	manned	aircraft.” 1

o The	FAA	acknowledges	and	Menet Aero	agrees	that:	“ obtaining	a	type certificate	and	a	standard	airworth iness	certificate,	which	permits	the widest	range	of	aircraft	operation,	currently	takes	about	3	to	5	years” and	“it	is	not	practically	feasible	for	many	small	UAS	manufacturers	to	go through	the	certification	process	required	of	manned	aircraft.	This	is b ecause	small	UAS	technology	is	rapidly	evolving	at	this	time,	and consequently,	if	a	small	UAS	manufacturer	goes	through	a	3

- to

- 5

- year process	to	obtain	a	type	certificate,	which	enables	the	issuance	of	a

1 Reference	NPRM	Draft	SUAS	Law	RIN	2120

- AJ60	(15Feb2015)	page	60.Menet	Aero,	Inc.

Page 11 of 17 standard	airworthiness	certificate,	the	small	UAS	w ould	be technologically	outdated	by	the	time	it	completed	the	certification process.” 1

o Additionally,	none	of	the	current	avenues	for	airworthiness	listed	in 14CFR21 Subpart	H “provide	flexibility	for	most	routine	small	UAS operations.” 2

o Therefore,	Menet Aero	requests	relief	from	obtaining	an airworthiness	certification	for	the	SUAS	it	operates.

o To	provide	an	equivalent	l evel	of	safety,	Menet	Aero	will	require:

§ Prior	to	each	flight,	the O perator	must	inspect	the	small	UAS	to ensure	that	it	is	in the	proper condition	for	safe	operation.	The O perator	could	do	this,	for	example, by performing	a manufacturer

- recommended	preflight	inspection	or	performing

an	on

- the

- ground	test	of	the	small	UAS	to	determine	whether safety

- critical	systems	and	components	are	worki ng	properly.

§ If,	as	a	result	of	the	inspection,	the O perator	determines	that	the small	UAS	is	no	longer	in	a	condition	for	safe	operation,	then	they would	prohibit	the	operation	of	the	small	UAS	until	the	necessary maintenance	has	been	made	and	the	small	U AS	is	once	again	in	a condition	for	safe	operation.

§ The O perator	must	discontinue	the	flight	of	the	small

, unmanned aircraft	when	he	or	she	knows	or	has	reason	to	know	that continuing	the	flight	would	pose	a	hazard	to	other	aircraft, people,	or	property

.

§ If	any	component	or	parts	are	used	in	an	SUAS	are	governed	by	an airworthiness	directive,	Menet	Aero	will	comply	with	all applicable	airworthiness	directives	pertaining	to	that	component or	part.

• 14	CFR	61. 2 3	(c)

– Medical	certificates:	Requirement	and	dur ation.

o The	FAA	has	proposed	and	Menet	Aero	agrees	that:	“ The	primary reason	for	medical	certification	is	to	determine	if	the	airman	has	a medical	condition	that	is	likely	to	manifest	as	subtle	or	sudden incapacitation	that	could	cause	a	pilot	to	lose	posit ive	control	of	the aircraft,	or	impair	the	pilots	ability	to	“see	and	avoid.” 2

o Subsequently

, “The	FAA	has	determined	that	traditional	FAA	medical certification	may	not	be	warranted	for	small	UAS Operator s	subject	to this	proposed	rule	mainly	because	small UAS Operator s	and	visual observers	are	operating	within	a	“confined	area	of	operation,”	and subject	to	other	operational	limitations,	discussed	previously	in	this preamble.	This	is	because	the	proposed	visual

- line

- of

- sight	requirement for	the Operator and/ or	visual	observer	to	be	able	to	see	the	aircraft’s direction	and	attitude	of	flight	in	the	proposed	rule	is	preferable	to	a vision	standard.	Even	with	normal	vision	it	is	foreseeable	that	a	small unmanned	aircraft	may	be	so	small	that	the	operational	spac e	must	be

1 Reference NPRM	Draft	SUAS	Law	RIN	2120

- AJ60	(15Feb2015)	page	24.

2 Reference	NPRM	Draft	SUAS	Law	RIN	2120

- AJ60	(15Feb2015)	page	115.Menet	Aero,	Inc.

Page 12 of 17 reduced	to	meet	the	operational	requirements	proposed	in	this	rule.	As such,	prescriptive	medical	standards	may	not	be	as	critical	as	they	are	for individuals	exercising	pilot	privileges	and	therefore	are	not	proposed under	this	action.” 1

o Althoug h	most	Menet	Aero	Operators	will	hold	a	medical	certificate	as	a currency	requirement	for their	FAA	Private	Pilot	and	Commercial	Pilot certificates to	perform	manned	operations ,	we	feel	an	equivalent	level	of safety	can	be	provided	by	the	FAA’s	proposal	to allow:	“ operators	( and Visual	Observers to)	self

- certify,	at	the	time	of	their	airman	application, that	they	do	not	have	a	medical	condition	that	could	interfere	with	the safe	operation	of	a	small	UAS.	As	proposed	in	§	107.61(d),	an	applicant for	an	unman ned	aircraft	operator	certificate	with	a	small	UAS	rating would	be	ineligible	for	the	certificate	if	he	or	she	knows	or	has	reason	to know	of	any	physical	or	mental	condition	that	would	interfere	with	the safe	operation	of	a	small	UAS.	The	FAA	also	propose s,	in	§	107.63(a),	that the	applicant	be	required	to	make	a	certification	to	that	effect.	Both	of these	proposed	requirements	are	similar	to	the	regulatory	provision	of	§ 61.53(b),	which	prohibits	operations	during	medical	deficiency	for individuals	conduc ting	operations	that	do	not	require	a	medical certificate.” Until	a	formal	procedure	is	established	for	this,	Menet	Aero will	maintain	a	copy	of	either	an o perator’s FAA	m edical	certificate	on	file or	a	statement	reflecting	the	information	detailed	above. Additionally,	it will	be	the	responsibility	of	the	briefer/dispatcher	to	ensure	that	the individual	self

- certifies	they	are	medically	fit	to	prior	to	performing each operation.

• 14	CFR 61.113

– Pilot	privileges	and	limitations:	Pilot	in	command. &	14	CFR 61.133

– Commercial	pilot	privileges	and	limitations.

o There	is	currently	no	FAA	endorsement	specifically	for	UAS	operators. Menet	Aero	plans	to	use o perators	who	have	a	minimum	of	a	private pilots	certificate or	military	trained	UAS Operator s	that	have:

§ C ompleted	FAA	private	pilot	ground	school,

§ Passed	the	FAA	Private	Pilot	written	exam	or	FAA	recognized equivalent,	and

§ Possesses	official	documentation	of	military	UAS	training	(ex: DA	Form	1059).

o Since	the	aircraft	cannot	carry	passengers	or	property,	we feel	we meet	the	intent	of	61.113	Subparagraph	(b)

, even	though	the	intent	of this	application	is	to	conduct	a	business.

o To	provide	an	equivalent	level	of	safety, Menet	Aero	intends	to establish	a	briefer	program	where	all	proposed	operations	would	be revi ewed	and	approved	by	a	commercially	rated	aviator ( B riefer) prior	to	commencement

, as	described	previously	in	this	document.

1 Reference NPRM	Draft	SUAS	Law	RIN	2120

- AJ60	(15Feb2015)	page 115.Menet	Aero,	Inc.

Page 13 of 17 o At	which	time	an	FAA	SUAS	certification	becomes	available,	all	Menet Aero	Operators	will	seek	that	endorsement	and	will	abide	by	th e associated	regulatory	requirements	as	soon	as	practicable. 1

• 14	CFR	91.9

- Civil	aircraft	flight	manual,	marking,	and	placard	requirements.

o With	a	max	weight	of	55 lbs. ,	SUAS	are	too	small	to	carry documentation, they	don’t	have	an	entrance,	and are not	capable	of carrying	passengers	or	crew.	Therefore,	placing	an	aircraft	manual	on board	an	SUAS	is	not feasible

. o To	provide	an	equivalent	level	of	safety,	Menet	Aero	will	maintain	an aircraft	manual	at	the	control	station	so	that	the Operator may	acces s it	at	any	time.

o In	addition	to	the	registration	number	being	placed	on	the	aircraft	in accordance	with	14CFR §45.29 (f),	Menet	Aero	will	affix	a	placard	on each	aircraft	that identifies:

§ The	owner	of	the	SUAS

,

§ The m anufacturer, m odel,	and s erial n umber	of the	SUAS

,

§ The	FAA registration	number,	and

§ The	owner’s	address	and	telephone	number

.

• 14	CFR	91.105

– Flight	crewmembers	at	stations.

o Since	the	aircraft	is	unmanned,	there	are	no	crew	stations	that	require safety	belts.

o To	provide	an	equivalent	level	of	sa fety	and	to	meet	the	intent	of	this section, crewmembers will	position	themselves	where	ever	they	deem appropriate	to	ensure	the	safest	operation	possible .	This	includes taking	into	account	visual	line	of	sight	requirements	and	areas	of probable	contact	ha zards	such	as	takeoff	or	landing	areas.

• 14	CFR	91 .109

– Flight	instruction; simulated instrument	flight	and	certain flight	tests.

o For	the	purposes	of	flight	instruction,	few	(if	any)	SUAS	have	a	set	of fully	functioning	dual	controls;	however,	the	controls can	be	quickly transferred	from	a	student	to	an	instructor	in	the	event	of	an
emergency.

o As	previously	mentioned,	due	to	the	limitations	stated	in	the	“Aircraft performance	capabilities	&	design”	section	of	this	document,	Menet Aero	believes	that	SUAS	do not	exhibit	the	same	level	of	risk	as manned	aircraft.	Additionally,	that	risk	can	further	be	mitigated through	the	“Operational	Guidelines”	established	in	this	document.

o Given	this	information,	Menet	Aero	believes	it	achieves	an	equivalent level	of	safet y	as	would	be	achieved	with	a	“functioning	throwover control	wheel”	as	detailed	in	14	CFR	91.109

1 Although	obtaining	FAA	SUAS	certification	is	a	high	priority	of	Menet	Aero,	we recognize	that	high	demand	may	not	allow	for	instant	certification.	To	keep	from paralyzing	operations	Menet Aero	pledges	to	pursue	certification	as	soon	as possible	in	exchange	for	leniency	while	conforming	to	new	regulatory	requirements.Menet	Aero,	Inc.

Page 14 of 17 • 14	CFR	91.119

– Minimum	safe	altitudes:	General.

o In	general,	Menet	Aero	request	to	operate	at	500	feet	and	below	at	all times	with	the	exception	of	inspecting a	ground

- based	structure	in excess	of	500	feet.	When	inspecting	a	ground

- based	structure	above 500	fee t,	the	SUAS	will	remain	within 50	meters	( 164 feet ) laterally and	will	fly	no	more	than 10	meters	(33	feet ) above	the	highest	point on	the	structure. Menet	Aero	will	coordinate	with	the	local	ATC facility	prior	to	conducting	any	operations	over	500	feet.	Since	no aircraft	should	be	operating	this	close	to	a ground

- based structure
, our	proposed	operations	should	present	minimal	risk	to	manned aircraft.

o T o	de

- conflict	with	helicopters,	Menet	Aero	will	maintain relationships	with	all known rotary

- wing o perators	in	the	operation area.	Prior	to	any	operation	Menet	Aero	will send	a	notification	to those o perators	to	let	them	know	of	the	proposed	location,	time s,	and SUAS Operator	contact	information.

o By	implementing	the	controls	listed	above	and	in	the	“Operation Guidelines”	section	of	this	document,	Menet	Aero	feels	they	can provide	a	level	of	safety	greater	than	those	listed	in	this	section.

• 14	CFR	91.121

– A ltimeter	settings

o Most	UAS	do	not	have	the	ability	to	adjust	altimeter	settings. Additionally,	many	UAS	use	GPS	to	determine	altitude.		In	both	cases, it	is	impossible	to	comply	with	14	CFR	91.121

o Since	operations	occur	within	a	confined	area	of	operations	and	they are	usually	less	than one hour	in	duration,	it	is	unnecessary	to	update altimeter	settings	once a	base altitude	has	been	established.

o To	provide	an	equivalent	level	of	safety	the Operator will	determine the	altitude	reading	at	the	point	of takeoff and	use	that	to	determine the	altitude	of	the	aircraft	throughout	the	flight	abiding	to	the	altitude limitations	listed	above.	They	must	also	take	into	account	rising	or falling	terrain	to	mainta in	within	the	prescribed	altitudes.

• 14	CFR	91.151

– Fuel	requirements	for	flight	in	VFR	conditions.

o Currently,	m ost	SUAS	currently	have	flight	time	limited to 30 minutes or	less.	Therefore,	it	is	impractical	to	maintain	a	20	or	30

- minute	fuel

reserve.

o The FAA	proposes	and	Menet	Aero	endorses	that:	“ Proposed	§ 107.49(a)(4)	would	require	a	small	UAS Operator to	ensure	that,	if powered,	the	small	UAS	has	enough	power	to	operate	for	its	intended operational	time	and	an	additional	five	minutes.	The	5

- minute	buf fer would	ensure	that	the	small	UAS	has	sufficient	power	to	return	to	the Operator ,	or	another	location,	and	be	able	to	make	a	controlled landing.	Additionally,	control	inputs	to	a	small	UAS	may	degrade	as batteries	lose	charge	because	power	to	the	flight control	system(s) may	be	lost.	Accordingly	this	proposed	rule	would	help	to	ensure	that the	small	UAS	remains	controllable	throughout	its	intendedMenet	Aero,	Inc.

Page 15 of 17 operational	time.	The	FAA	notes	that	a	small	UAS	travelling	at	10 miles	per	hour	would	be	able	to	cover	nearl y	one	mile	in	5	minutes. ” 1

o Menet	Aero	believes	that	operating	with	a	5	minute	buffer	would provide	a	equivalent	level	of	safety	as	presented	in	14	CFR	91.151

• 14	CFR	91.203	(a)	&	(b)

– Civil	aircraft:	Certifications	required.

o As	previously	mentioned,	Menet Aero	petitions	to	be	waived	from	the airworthiness	requirements	of	14	CFR	21	Subpart	H	for	the	reasons listed	above.

o Since	the	SUAS	operated	by	Menet	Aero	will	not	be	issued	an airworthiness	certificate,	none	will	be	available	to	meet	this requirement.

o Wit h	a	max	weight	of	55 lbs,	SUAS	are	too	small	to	carry documentation,	they	don’t	have	an	entrance,	and are not	capable	of carrying	passengers	or	crew.

o To	provide	an	equivalent	level	of	safety

, Menet	Aero	will	maintain	all required	documentation	at	the	contr ol	station	for	review	if	requested.

• 14	CFR	91.213

– Inoperative	instruments	and	equipment

o As	previously	mentioned,	Menet	Aero	petitions	to	be	waived	from	the airworthiness	requirements	of	14	CFR	21	Subpart	H	for	the	reasons listed	above.	If	approved,	Menet Aero	will	not	be	able	to	meet	the requirements	of	14	CFR	91.213.

o To	provide	an	equivalent	level	of	safety,	Menet	Aero	will	prepare	a Minimum	Equipment	List	for	each	aircraft	it	operates	that	which instruments	and	equipment	are	essential	for	safe	operation s	under	all operating	conditions.	These	items	will	be	checked	during	preflight and	if	any	are	found	to	be	inoperative	or	unreliable,	the SUAS will	be prohibited	from	taking	off	until	the	deficiency	is	corrected.

• 14	CFR	91	Subpart	E

– Maintenance,	Preventiv e	Maintenance,	and	Alterations

o Regulations	require	that	aircraft	be	maintained	in	accordance	with	14 CFR 39	and	43,	which	apply	to	aircraft	and	components	issued	an airworthiness	certificate.	Since	Menet	Aero	is	requesting that our SUAS	be	exempt	from	requ iring	an	airworthiness	certificate,	we request	exemption	to	14	CFR	91	Subpart	E.	This	does	not	apply	to	any components	used	that	are	governed	by	an	airworthiness	certificate.

o To	provide	an	equivalent	level	of	safety,	Menet	Aero	plans	to	establish a	mainten ance	program	that	mirrors	the	one	in	use	by	the	US	Army Aviation	program.	The	intent	is	to	track	the	usage,	repair,	and component	failure	rates	of	our	SUAS	fleet	with	the	overall	goal	of developing	a	preventative	maintenance	program	and	associated operatio nal	procedures (including	preflight	and	periodic	checks) to enhance	overall	safety.	This	is	intended	to	be	a	shared	responsibility between	the	SUAS	Opera tors,	designated	maintainers,	and maintenance	supervisors.

1 Reference NPRM	Draft	SUAS	Law RIN	2120

- AJ60	(15Feb2015)	page	95.Menet	Aero,	Inc.

Page 16 of 17 

### Why	Granting Menet	Aero,	Inc.’s Request	Wou ld B e i n	the P ublic I nterest

The	FAA	and	Congress	have	already	acknowledged	that	there	are	many	potential societal	and	economic	benefits	to	SUAS	operations.	The	largest	hurdle	has	been integrating	this	new	technology safely into	the	existing	NAS environment

. Menet Aero	is	comprised	of a	team	of professional	aviators	who	have	thousands	of hours and	decades	of	experience	planning	and	performing	operations	inside	the	NAS	and other	complex	airspace.	As	such,	we	want	to	make	it	our	business	to	operate SUAS as	safely	and	efficiently	as	possible and	not jeopardize	the	safety	of	our	fellow aviators. Menet	Aero therefore intends	to	be	a	proactive organization	in	terms	of coordinating	with	the	FAA	and	other	stakeholders	to	help	alleviate	potential regulatory ,	workload	and	coordination	challenges	that	could	affect	SUAS	ability	to safely	and	routinely	operate	in	the	NAS.

Furthermore,	s ince	SUAS	technology	is	still	in	its infancy

, Menet	Aero	will	be	seeking partnerships	with u niversities, non

- profit organizations ,	and	academic organizations	to	increase	positive public	awareness	of	responsible	SUAS	us e and seek	opportunities	to	advance	potentially	societ y

- benefiting	applications	such	as those	involving	precision	agriculture.	Additionally,	Menet	Aero	h as	deep	ties	to	the National	Guard,	State	Departments	of	Emergency	Management,	and	other	federal emergency	organizations

, such	as	FEMA.	It	is	our	goal	to	be	able	to	work	with	these organizations	to	develop	plans	to	safely	integrate	SUAS	into	emergency	plan ning	i n order	to	leverage	their	unique	and	economical	capabilities	in	the	hopes	of	saving lives	in	a	natural	disaster	scenario

, such	as	was	attempted	during	a	Mudslide	in Colorado	on	May	25 ,	2014 1

. The	ability	to contribute	positively	in	this	type	of situa tion	requires	prior	planning	and	coordination	across	several	agencies.	Granting Menet	Aero this	exemption	will	allow	us to	build those	relationships	and	test procedures so	that we can	be	counted	on	when	lives	are	on	the	line.



### Summary for Federal	Register

Menet	Aero ,	Inc. seeks	exemption	from	the	requirements	of 14	CFR	21,	Subpart	H, 14	CFR	61.3 © ,	14	CFR	61.113	&	14	CFR	61.133, 14	CFR	91.9, 14	CFR	91.105, 14	CFR 91.109,	14	CFR	91.119,	14	CFR	91.121,	14	CFR	91.151, 14	CFR	91.203	(a)	&	(b), 14 CFR	91.213

, and	14	CFR	91	Subpart	E.

This	exemption	will	allow	Menet Aero ,	Inc. to	operate	Unmanned	Aerial	Systems (UAS)	for	commercial	and	non

- recreational	purposes	over	various	areas within the United	States. Menet	Aero	is	a	team	of	experienced	aviation	personnel	w hose	goal	is to	provide manned	and	unmanned	aviation	services	to	a	variety	of	industries and organizations under	the experienced	and	watchful	oversight	of professional aviators.	Our	core	business	focus	is	providing	our clients	and	partners	with the	most

ec onomical	aviation	solution s to	meet	their	needs	while	not	compromising	the

1 Reference: http://www.cpr.org/news/story/how

- mesa

- county

- used

- drones

search

- and

- rescue

- efforts

- after

- landslideMenet	Aero,	Inc.

Page 17 of 17 safety	or	integrity	of	the	National	Airspace	System	(NAS). UAS	operations	conducted by	Menet Aero	will	benefit	the	public	as	a	whole	by	allowing	commercial	entities, public	agencies ,	and	research	institutions	access	to	potentially	game

- changing technology	with	the	oversight	of	those	intimately	familiar	with	FAA	regulated operations.



### A dditional I nformation, V iew,	or A rguments	to S upport	Menet Aero’s R equest

T o	further	illustrate	the potential	societal	and	economic	benefit	of	using	an	SUAS versus	a	traditional	manned	platform	in	a	natural	disaster	scenario	such	as s earch and r escue,	it	is	worth	noting	that	the	2014 rate	of	r eimbursement for	the	use	of	a National	Guard UH

- 60 Blackhawk	helicopter during	an	emergency ranges	from $3,496	to	$5,253	per	hour

, depending	on	the	model. 1 If	a	SUAS	were	employed,	the reimbursement	rate	is	more	likely	to	be	less	than	$100	per	hour.	Additionally,	the imagery	gather	by	an	SUAS	can	be elect ronically	distributed via	cloud	technology and scoured	over	by	hundreds	of	eyes

, versus	being	limited	to	the	just the crew	of	a traditional ly manned	search	and	rescue	platform. With	technologies	such	as	3D terrain	mapping,	SUAS	can	bring a	level	of situati onal	awareness	to	FEMA	planners that	was	not	previously routinely	available. This	presents	an	opportunity	to	more effectively	employ	manned	aviation	assets	by	pinpointing their search	efforts	based of	the	information	gather ed with	SUAS	assets

, as	well	as b y provid ing better assessments	of	the	operational	environment.



## Conclusion

As presented above,	Menet	Aero,	Inc.	seeks	an	exemption	pursuant	to	14	CFR	11.61 and	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012.	This	will	permit the	safe	operatio n	of	various	SUAS	commercially	and	non

- recreationally,	without and	airworthiness	certificate,	for	the	purposes	of	providing	business,	research institutions,	and	government	agencies	access	to the	most	economical	aviation solution s to	meet	their	needs

, while not	compromising	the	safety	or	integrity	of	the National	Airspace	System. By	granting	this	petition,	the	FAA	Administrator	will	be fulfilling	the	Congressional	mandate	of	the	FAA	Modernization	and	Reform	Act	of 2012,	while	also	advancing	the	interests	of the	public.

1 Reference: Office	of	the	Secretary	of	Defense	Memo ;	Subject: Fiscal	Year	2014 Dep artment	of	Defense	Fixed	Wing	and	Helicopter	Reimbursement	Rates http://comptroller.defense.gov/Portals/45/documents/rates/fy2014/2014_f_h.pdf