720 S. Colorado Blvd

Penthouse North

Denver, CO 80246

Tel: +1 (334) 578 2900

Fax: + 1 (334) 460 8111
www.unmannedexperts.com

E

- Mail: operations@unmannedexperts.com

January 15, 2015 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (herein referred to as Reform Act) and 14 CFR Part 11, Unmanned Experts, a small Unmanned Aircraft System ( s UAS) consultancy and training firm, hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allo w commercial operation of s UAS for precision aerial surveying, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Se ction 333.

As detailed in this document and the attached Aeryon SkyRanger User Guide (herein referred to as User Guide) , the requested exemption woul d permit the operation of s UAS under controlled conditions in airspace that is 1) limited, 2) predetermine d, 3) controlled as to access and 4) would provide safety enhancements to the already best practices safety protocols followed by Unmanned Experts. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s respo nsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) Reform Act

.

The name and address of the applicant is:

Unmanned Experts, Inc. Drew A. Jurkofsky

720 S. Colorado Boule vard, Penthouse North
Denver, CO 80246

970

- 237

- 1902 drew.j@unmannedexperts.com

Regulations from which the exemption is requested:

14 CFR Part 21 14 CFR 45.23(b) 14 CFR 61.113(a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9(b)(2)

14 CFR 91.103Exemptions/Rule Making

Unmanned Experts PROPRIETARY Page 2 of 8 14 CFR 91.109

14 CFR 91.119

14 CFR 91.121 14 CFR 91.151(a) 14 CFR 91.203(a) & (b) 14 CFR 91.405(a) 14 CFR 407(a)(1) 14 CFR 409(a)(2) 14 CFR 417(a) & (b)

AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections §44702

- 44716 of this title if the Administrator finds the exempti on in the public interest. 49 USC §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR 91.203(a)(1).

Section 333(b) of the Reform Act assist the Secretary in determining wh ether sUASs may operate in the national airspace s ystem without creating a hazard to the user, the public, or a threat to national security. In making this determination, the Secretary must consider:

 The sUAS’ size, weight, speed and operational capability;

 Whether the sUAS operates within the visual line of sight of the opera tor;

 Whether the sUAS operates outside of highly populated areas and away from close proximity to airports.

Reform Act 333(a). If the Secretary determines that a sUAS “may operate safely in the national airspace system, the Secretary shall establish requ irements for the safe operation of such aircraft in the national airspace system.” Id . 333(c).

The Aeryon SkyRanger is a multiroto r aircraft weighing 6.5 pounds, including payload. It has the ability to operate under normal conditions at a speed of no mo re than 30 knots and has the capability to hover and move in the vertical and horizontal plane simultaneously. The sUAS will operate only in the pilot’s or visual observer’s visual line of sight at all times . Such operations will insure that the

sUAS wil l “not create a hazard to users of the national airspace system or the public.” Reform Act Section 333(b).

Given the small size of the sUAS involved and the restricted environment within which they will operate, our application falls squarely within the 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 small size of the UAS and the low altitudes in which our

sUAS will o perate, approval of the application presents no national security issue.Exemptions/Rule Making

Unmanned Experts PROPRIETARY Page 3 of 8 DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness c ertificates

Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203(a)(1). Given the size and limited operating area associated with the aircraft to be utilized by Unmanned Experts, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Par t 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 USC §44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability and proximity to airports and populated areas of the particular sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restricted environment and und er the conditions proposed, will be at least as safe, or safer, than a conventional aircraft operating with an airworthiness certificate without the restrictions and conditions proposed.

14 CFR 45.23(b): Marking of the a ircraft

This regulation requires that certain experimental, provisionally certified aircraft, or light

- sport category aircraft to be marked with letters between 2 inches and 6 inches high “limited”, “restricted,” “light

- sport,” “experimental,” or “provisional,” near each entrance to a cab in, cockpit or pilot station.

E ven though the UAS will have no airworthiness certificate, an exemption may be needed as the s UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size o f the s UAS, 2 inch lettering will be impossible. Unmanned Experts will mark the sUAS with the organization’s name and address. An insurance barcode attached to the aircraft will also be linked to Unmanned Experts.

14 CFR 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113(a) and (b) limit private pilots to non

- commercial operations. Because the s UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of

curren t operations by requiring the pilot operating the aircraft to have completed a UAS flight training course of 100 hours before flying a s UAS. Unlike a conventional aircraft that carries the pilot and passengers, the s UAS is remotely controlled with no livi ng thing or cargo on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in the User Guide. The risks associated with the operation of the small UAS are so diminished

from the lev el of risk associated with commercial operations contemplated by Part 61 when drafted,

that a llowing operations of the s UAS as requested exceeds the present level of safety achieved by 14 CFR 61.113(a) and (b).

14 CFR 91.7(a): Civil aircraft airworthines s

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the User Guide for maintenance and use of safety checklists prior to each flight an equivalent level of safety will be provided.Exemptions/Rule Making

Unmanned Experts PROPRIETARY Page 4 of 8 14 CFR 91.9(b)(2): Civil aircraft flight manual, marking and placard requirements

The sUAS, given its size and configuration has no ability or place to carry such 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 User Manual at the ground control point where the pilot flying the sUAS will have immediate access to it.

14 CFR 91.103: Preflight action

This regulation requires each pilot in command take certain actio ns before flight to ensure the safety of flight. An exemption is needed from this requirement as the pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the User Guide and safety checklists . These actions will provide an equivalent level of safety.

14 CFR 91.109: Flight instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that

is being used for flight instruction unless that aircraft has fully functioning dual controls.

By design, sUASs and remotely piloted aircraft do not have fully functional dual controls. Flight control is accomplished through the use of a control box that co mmunicates with the aircraft via radio communications. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the sUAS via radio signals from the controller and by the size and speed of the aircraft.

14 CFR 91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is for a multirotor craft that flies similarly to a helicopter, with vertical takeoff and vertical landing, which will typically op erate at altitudes of 200 feet above ground level (AGL), so an exemption may be needed to allow such operations. The sUAS will never operate at alti tude higher than 400 AGL and all operations will occur during daylight hours under Visual Meteorological Co nditions (VMC) only.

The equivalent level of safety will be achieved given the size, weight and speed of the 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. Beca use advance notice to the property owner and any onsite personnel, as well as the precau tions outlined below, all affected individuals will be aware of the planned flight operations.

Flight operations will be conducted at least 500 feet from all non

- parti cipating persons (persons other than the pilot in command (PIC) or visual observer (VO) ), vessels, vehicles and structures, unless:

1. B a r r i er s or st r u c tu re s ar e p re s e nt th a t su ff i c i e nt l y p r ot ec t non

- p ar ti c i p a ting p er sons fr om
d e b r is in the e v e nt of a n a c c id e nt. T he PIC will e nsu r e t h a t non

- p ar ti c ip a ting p er sons re m a in

und e r s u c h p r ot ec tion. I

f a situ a tion ar is e s wh er e non

- p ar ti c ip a ti n g p er sons l ea ve s u c hExemptions/Rule Making

Unmanned Experts PROPRIETARY Page 5 of 8 p r ot e c tion a nd ar e within 500 f e e t of the s UAS, f

l i g ht op e r a tions will cea se imm e di a t e l y

a nd/o r;

2. The a i rc r af

t is op e r a t e d n e a r v e ss e ls, v e h i c l e s or st r u c tu re s wh e r e the l a nd

own er / c ont r oll e r h a s g r a nt e d p er mission a nd the P I C h a s m a d e a s a fe t y a ss e ssm e nt of

the r isk of op era ti n g c los e r to those obj ec ts a nd;

3. O p era tions n e a r the P I C o r VO do not p re s e nt a n u ndue h a z ar d to the P I C o r VO, p e r 14

CFR 91.119 ( a)

.

The sUAS will remain within visual line of sight of th e PIC or VO. Flight operations will be conducted at least 5 miles from an airport and at least 3 miles from any city or densely populated area. The PIC or VO will provide notification to the local Flight Standards District Office and airport controller of all operations within 5 miles of an airport. The FAA will have advance notice of all operations through the filing of notices

- to

- airmen.

Compared to flight operations with aircraft or rotorcraft weighing far more than the sUAS proposed herein and carrying flammable fuel, any risk associated with our operations is far less than those presently presented with helicopters and other conventional aircra ft operating at or
below 500 feet AGL. In addition, the low

- altitude operations of the sUAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 CFR 91.121: Altimeter Settings

This regulation requires each person operating the 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 th e 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 PIC confirming the altitude of the launch site shown on

the GPS altitude indicator before fl ight.

14 CFR 91.151(a): Fuel requirements for flight in VFR conditions

Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. Our

sUAS is limited to operations in controlled environments and has a limited flight time which require an exemption from 14 CFR 91.151(a).

The battery powering the sUAS provides approximately 50 minutes of powered flight. To meet the 30 minute reserve requirem ent in 14 CFR 91.151, sUAS flights would be limited to approximately 20 minutes in length. Given the limitations on the sUAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight VFR conditions is reasonable.

An equivalent level of safety can be achieved by limiting flights to 40 minutes, or enough battery reserve to ensure that the sUAS lands at the ground station with at least 20% of batteryExemptions/Rule Making

Unmanned Experts PROPRIETARY Page 6 of 8 power (as determined by the onboard monitoring system and the PIC), whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

14 CFR 91.203(a) & (b): Carrying civil aircraft cer tification and registration

The sUAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. Therefore, there is no ability or place to carry certification and registration documents or to 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.

14 CFR 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b ): Maintenance inspections

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, e xcept as provided in paragraph (c) of this sectio n, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate,

these sections will not apply to Unmanned Experts. Maintenance will be accomplished by the operator pursuant to the User Guide. An equivalent level of safety will be achieved because these sUASs are very limited in size and will carry a small payload and opera te only in restricted areas for limited periods of time. If mechanical issues arise, the sUAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the User Guide, the operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

PUBLIC INTEREST

Approval of exemptions allowing commercial operations of sUASs for precision aerial surveys enhances safety while reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighing 6.5 pounds and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.

Conducting aerial surveys with the Aeryon SkyRanger , instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial survey flight operations. By using battery power and electric motors, theExemptions/Rule Making

Unmanned Experts PROPRIETARY Page 7 of 8 SkyRanger produces no air pollution and is a viable, environmentally conscious alternative to the cabin class, six cylinder internal combustion twin engine aircraft that are typically utilized for aerial surveys, while burning approximately 20

- 30 gallons per hour of leaded avi ation fuel. The SkyRanger, while reducing the carbon footprint of aerial surveys, also reduces noise pollution as the sUAS is propelled by battery powered electric motors rather than an internal combustion engine.

EQUIVALENT LEVEL OF SAFETY

Unmanned Exp erts proposes that the exemption requested herein apply to civil aircraft that 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 operation s under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe protocols followed by aerial survey operations conducted with helicopters and

other conventional aircraft.

Unmanned Experts will be bound by the following limitations when conducting its sUAS operations under an FAA issued exemption:

1. The sUAS will weigh less than 6.5 pounds.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be 40 minutes. Flights will be terminated at 20% battery power reserve should that occur prior to the 40 minute limit.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Flight operations will be conducted 5 mile s from an airport and at least 3 miles from any city or densely populated area, which are depicted in yellow on VFR sectional charts.

6. Flight operations within 5 miles of an airport require notification and approval from the local Flight Standards District Office and airport controller.

7. Flight operations will occur during daylight hours and under visual meteorological conditions only.

8. The FAA will have advance notice of all operations through the filing of notices

- to

airmen.

9. Minimum crew for each operation w ill consist of the sUAS pilot and visual observer.

10. The sUAS pilot will be an FAA licensed airman with at least a private pilot’s certificate

and third class medical.

11. The pilot and visual observer will have been trained in the operation of the sUAS.

12. The pil ot and visual observer will at all times be able to communicate by voice and/or

text.

13. Written and/or oral permission from the relevant property holders will be obtained.

14. Flight operations will be conducted at least 500 feet from all non

- participating perso ns, vessels, vehicles and structures unless:

a. B a r r i er s or st r u c tu re s ar e p re s e nt th a t su ff i c i e nt l y p r ot ec t non

- p ar ti c i p a ting p er sons
fr om d e b r is in the e v e nt of a n a c c id e nt. T he pilot will e nsu r e t h a t non

- p ar ti c ip a ting

p er sons re m a in und e r s u c h p r ot ec tion. I f a situ a tion ar is e s wh er e non

- p ar ti c ip a ti n gExemptions/Rule Making

Unmanned Experts PROPRIETARY Page 8 of 8

p er sons l ea ve s u c h p r ot e c tion a nd ar e within 500 f e e t of the s UA S

, f

l i g ht op e r a tions

will cea se imm e di a t e l y a nd/o r;
b. The a i rc r af

t is op e r a t e d n e a r v e ss e ls, v e h i c l e s or st r u c tu re s wh e r e the l a nd

own er / c ont r oll e r h a s g r a nt e d p er mission a nd the P I C h a s m a d e a s a fe t y

a ss e ssm e nt of the r isk of op era ti n g c los e r to those obj ec ts a nd;

c. O p era tions n e a r the pilot o r visual observer do not p re s e nt a n u ndue h a z ar d to

the pilot o r visual observer.

15. If the sUAS loses communication or loses its GPS signal, the sUAS will have the capability to return to a safe, pre

- determined location and land.

16. The sUAS will have the capability to abort flight in case of unpredicted obstacles or emergencies.

PRIVACY

All flights will occur over private or controlled access property with the property owner’s prior

consent and knowl edge. Images taken will be of individuals who have also consented to being filmed or otherwise have agreed to be in the area where aerial photography will take place.

Federal Register Summary

Mr. Drew A. Jurkofsky, Aerial Photogrammetrist and Mapping Specialist, Unmanned Experts, Inc., 720 S. Colorado Boulevard, Penthouse North, Denver, Colorado 80246, petitioned the FAA on behalf of Unmanned Experts, Inc. (Unmanned Experts) for an exemption from part 21
and §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121,
91.151(a), 91.203(a) and (b), 91.405(a) , 407(a)(1), 409(a)(2), 417(a) and (b) of Title 14, Code of the Federal R egulations (14 CFR). The exemption woul d allow commercial operation of Aeryon SkyRanger small Unmanned Aircraft Systems (sUAS s ) for precision aerial surveys.

*******

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

– size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

– provide more than adequate justification for the grant of the requested exemptions allowing commercial operat ion of Unmanned Experts’ sUAS for precision aerial surveys.

Sincerely,

Drew A. Jurkofsky Unmanned Experts, Inc. Aerial Photogrammetrist and Mapping Specialist