Ocean UAS, Inc. 11550 Aviation Blvd, Suite 1 West Palm Beach, FL 33412

(561) 542-6734
December 5, 2015 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, Dc 20590

Re: Petition of Ocean UAS, Inc. for Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012.
To Whom It May Concern: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Ocean UAS, Inc. hereby applies for an exemption from the Federal Aviation Regulations (FARs) identified below, to allow commercial operations of small unmanned aerial systems (sUAS), 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 Section 333. This exemption is requested based on information in this petition, the attached manuals, information/technical sheets and checklists, and any other requirements established by the FAA pursuant to Section 333 of the Reform Act. This exemption would permit Ocean UAS, Inc. to utilize the DJI Phantom 3 Standard , DJI Phantom 3 Professional , DJI Phantom 3 Advanced , and Tarot X8 sUAS to conduct the following commercial operations:

• To offer flight training to persons individually or belonging to both private and/or public organizations that have an interest in the use and application of sUAS for the purpose of the safe operation of sUAS to enhance the safety of the National Airspace System (NAS) as well as for the protection of the persons and property.

• Aerial photography and/or video work for public/private use including real estate, architecture, construction, land surveying, electronic news gathering, commercials, and other related activities.

• Aerial inspection/photography of residential/commercial structures under contract with the owners or local government's authority and permission.

• Aerial video/live video feed/photography to assist with search and rescue operations in cases of an emergency or natural disaster only when local authorities or government has requested it by contract or donation.

• To proactively encourage sUAS capability and safety demonstrations to the general public and local government agencies in an effort to collectively convince these organizations that the operation of sUAS is safe, controlled, and in the public interest.

Page 11. Description of Petitioner

2. Description of Proposed Operations and Qualification for Approval Under Section 333 of the Reform Act 3. Exemption Requests and Equivalent Level of Safety 4. Public Interest 5. Privacy 6. Conclusion 7. List of Attachments
1. Description of Petitioner The Petitioner, Ocean UAS, Inc., is part-owned by David Harmon and Andrew McAllister. David Harmon is also part-owner and President of Ocean Helicopters, Inc., a Part 141 helicopter flight school, and is an active FAA Rotorcraft/Helicopter Commercial Pilot (certificate number 2649338) and Certified Flight Instructor with a current Second Class Medical. Mr. Harmon has accumulated 5,000 hours of helicopter flight experience in the areas of flight instruction, aerial photography/video work, aerial surveys, and commercial banner towing. Andrew McAllister is also an active FAA Rotorcraft/Helicopter Commercial Pilot (certificate number 2821853) and Certified Flight Instructor with Instrument rating and current Second Class Medical. Mr. McAllister has accumulated 3,700 hours of helicopter flight experience in the same areas as Mr. Harmon. Mr. McAllister is currently the Chief Pilot of Ocean Helicopters, Inc. Part 133 External Load operations and has logged 270 hours of external load flight time. Mr. McAllister is a competent radio-controlled helicopter pilot with in-depth knowledge and experience in the setup, maintenance, and safe operation of radio-controlled aircraft. This combined aviation experience and knowledge will ensure "the safe operation of such aircraft systems in the National Airspace System" as outlined in Section 333(c) of the Reform Act. The contact information for the Petitioner is as follows: Ocean UAS, Inc. 11550 Aviation Blvd, Suite 1 West Palm Beach, FL 33412 Tel: (561) 542-6734 Email: andy@ocean-uas.com
2. Description of Proposed Operations and Qualification for Approval Under Section 333 of the Reform Act The proposed operations in this petition for exemption qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors are satisfied. Ocean UAS, Inc. and t he operator/Pilot-in-Command (PIC) will guarantee that operations adhere to strict standards as set forth below:

• UAS pilot/operator will be an FAA licensed airman with at least a private pilot certificate and third class medical.

• The PIC must demonstrate to Ocean UAS, Inc. that they are able to thoroughly and competently conduct a pre-flight inspection of the UAS and survey of the area of operations, and demonstrate safe Page 2operation of the UAS prior to conducting flight operations under this grant of exemption.

• A thorough pre-flight inspection of the UAS will take place prior to each flight.

• The UAS will be operated and maintained in accordance with the requirements of the manufacturer's manuals and any manufacturer Safety Bulletins.

• All UAS operations will occur in daylight Visual Flight Rules ("VFR") conditions. Instrument Flight Rules (IFR) flights are prohibited, and no flights will occur at night, or in adverse weather conditions.

• The Phantom 3 and Tarot X8 will be controlled by the Phantom 3 Remote Control System and the Spektrum DX9 transmitter respectively, both of which transmit over the 2.4GHz frequency band. The radio frequency spectrum used for operation and control of the UA and all associated equipment shall comply with the Federal Communications Commission ("FCC") or other appropriate government oversight agency requirements.

• The UAS will be operated at airspeeds below 87 knots (100 miles per hour).

• Flights will be operated at an altitude of no more than 400 feet above ground level (AGL) and will not be conducted within navigable controlled airspace without prior written authorization from the FAA.

• If required, Ocean UAS, Inc. will file FAA Form 7711-1, or its equivalent with the appropriate Flight Standards District Office and/or air traffic control ("ATC") facility between 72 and 48 hours before the flight.

• All operations will utilize a Visual Observer (VO). The VO will hold at least a third class medical. The UAS will be operated within the visual line of sight of the PIC and VO at all times.

• The VO will not perform any other duties beyond assisting the PIC with seeing and avoiding traffic and other ground based obstacles.

• The UAS may not operate within 5 nautical miles of an airport reference point unless a letter of agreement with, and approval from, that airport’s management is obtained prior to operation.

• The UAS must remain clear of and give right-of-way to all other air traffic.

• The UAS may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud, or when visibility is less than 3 statute miles from the PIC.

• The PIC must maintain a battery reserve that allows the UAS to return to the intended point of landing at normal cruise speed and land with 20% battery power remaining.

• The UAS will have in place a fail-safe that forces the UAS to autonomously return to, and land at, a predetermined secure location in the event of lost radio communications from the ground station.



### • Flight operations will remain 500 feet from all nonparticipating persons, vehicles, and structures unless: a) Barriers or structures are present that sufficiently protect nonparticipating persons from debris in the event of an accident. b) All participating persons will be made aware of the dangers of flying a UA and the safety precautions and features that are in place. c) The aircraft is operated near vessels, vehicles, or structures where the property owner/controller has granted permission and the PIC has made a safety assessment in regard to the close operation to these objects. d) Operations near the PIC or VO do not present an undue hazard to the PIC or VO per 91.119(a).

• All operations will be conducted over private or controlled-access property with prior permission from the property owner/controller or authorized representative. Following the strict safety standards set by Ocean UAS, Inc., the FAA, and the inherent small size and physical safety properties of the sUAS will allow for safe and efficient operations.

Page 33. Exemption Requests and Equivalent Level of Safety

The regulations from which exemption is requested are as follows: 14 CFR Part 21; 14 CFR 45.23(b); 14 CFR 61.113 (a) & (b); 61.133(a) ; 14 CFR 91.7(a) & (b); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 91.319(a)(1); 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 91.407(a)(1) & (a)(2); 14 CFR 91.409(a)(1) & (a)(2); 14 CFR 91.417(a) & (b) ;
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1) Subpart H, Airworthiness Certificates, 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 Ocean UAS, Inc., an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§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 UAS. Our small UAS's will be operated at low speed in a controlled environment, away from airports and any densely populated area. An analysis of these criteria demonstrates that the UAS's operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or helicopter) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated weigh less than 55 lbs. fully loaded, carry neither a pilot nor passenger, carry no flammable liquid fuels, and operate exclusively within a secured area. Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the PIC. If required, the FAA and general public will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection with private property, industrial sites, railroad yards and the like provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security and the NAS posed by the UAS, due to its size, speed of operation, location of operation, lack flammable liquid fuels, and limited payload ability. 14 C.F.R. § 45.23(b): Marking of the Aircraft This regulation requires certain experimental, provisionally certificated aircraft, or light-sport category aircraft to be marked with letters between 2 inches and 6 inches high "limited," "restricted," "lightsport," Page 4"experimental," or "provisional," near each entrance to a cabin, cockpit, or pilot station. Even though the UAS

will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to thecabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the UAS, twoinch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as "Experimental." The FAA has issued the following exemptions to this regulation: Exemptions Nos. 10700, 8738, 10167 and 10167A. 14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations. Part 61.113 (a) states that no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command or an aircraft. Part 61.113 (b) states that a private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Section 61.133(a) requires an individual with a commercial pilot’s license to be pilot in command of an aircraft for compensation or hire. Ocean UAS, Inc. proposes that all operations require that the PIC must hold a minimum of a Commercial Pilot Rotorcraft Certificate issued by the FAA. Since there are currently no means available for the pilot of a UAS to gain the experience in an equivalent category and class in order to apply for a commercial UAS pilot's license, using pilots qualified under other categories and classes meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b). Given the unique nature of commercial UAS operations we do not believe that it rises to the level of requiring a commercial pilot to operate the aircraft under§ 61.133(a) although a thorough understanding and experience in commercial aircraft operations enhances safe operation of UAS. 14 C.F.R. § 91.7(a) & (b): Civil aircraft airworthiness. These regulations require that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of the UAS without an airworthiness certificate, no standard will exist for airworthiness of the UAS. Given the size of the aircraft and the requirements published by the manufacture for maintenance and the use of safety checklists prior to each flight, an equivalent level of safety will be provided. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft. The UAS, 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 flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 14 C.F.R. 91.103: Pre-flight Action This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement as the pilot will take separate pre-flight actions, including Page 5checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances,

and all other actions in the manufacturer's pre-flight checklist. These actions will provide an equivalent level of safety. 14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction These regulations provide 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, UASs and remotely piloted aircraft do not have fully functional dual controls. Flight control is accomplished through the use of a control station that communicates with the aircraft via radio communications. The FAA has previously approved exemptions for aircraft without fully functional dual controls. 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 UAS via radio signals from the controller, and by the size and speed of the aircraft. 14 CFR § 91.119: Minimum Safe Altitudes This regulation states that no person may operate an aircraft below 500 feet above the surface as well as within 500 feet of any person, vessel, vehicle, or structure. We believe that, because of the nature of most UAS operations, an exemption is required in order to allow operation closer than 500 feet to vessels, vehicles, or structures as long as permission is granted from the owning/controlling parties and an assessment is made to assure that people and property are safe from undue harm. We also request that operations be allowed over congested areas as long as the operations stay within the following standards:

• Flight operations will remain 500 feet from all nonparticipating persons, vehicles, and structures unless: a) Barriers or structures are present that sufficiently protect nonparticipating persons from debris in the event of an accident. b) Participating persons are made aware of the dangers of the UAS operation and the safety precautions that have been put into place. c) The aircraft is operated near vessel, vehicles, or structures only where the property owner/controller has granted permission and the PIC has made a safety assessment in regard to the close operation to these objects. d) Operations near the Pilot-in-Command or Visual Observer do not present an undue hazard to the PIC or VO per 91.119(a). 14 C.F.R § 91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "...to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the UAS does not have a barometric altimeter, but instead a GPS altitude read out, an exemption is needed. An equivalent level of safety will be achieved by the operator confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions This regulation prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed – (1) During the day, to fly after that for at least 30 minutes.” An equivalent level of safety can be achieved by limiting flights to the manufacturer's recommendation, or enough Page 6battery reserve to ensure that the UAS lands at the ground station with at least 20% of battery power (as

determined by the on-board monitoring system and the pilot), whichever occurs first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 14 C.F.R. § 91.203(a) & (b): Carrying Civil Aircraft Certification and Registration This regulation requires: “no person may operate a civil aircraft unless it has [. . .] an appropriate and current airworthiness certificate”. “(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew”. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them. The FAA has issued numerous exemptions to this regulation: Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 14 C.F.R. § 91.405(a); 91.407(a)(1); 91.409(a)(1) & (a)(2); 91.417(a) & (b): Maintenance Inspections Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter . . . .” Section 91.407 similarly makes reference to requirements in Part 43; Sections 91.409(a)(1) & (a)(2) states that no person may operate an aircraft unless either an annual inspection or inspection for the issuance of an airworthiness certificate be performed within the preceding 12 calendar months. Sections 91.417(a) & (b) require the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service. An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS to be operated under this grant of exemption will not have. An equivalent level of safety will be achieved by the thorough pre-flight inspection of the UAS by the operator prior to every flight, and by the operator accomplishing and documenting all required maintenance specified by the manufacturer, or any preventative maintenance necessary to remedy discrepancies found in a pref-light inspection prior to further operation. As UAS are a new and developing technology, Ocean UAS, Inc. will periodically review safety procedures and maintenance practices, and if deemed necessary, introduce measures over and above those outlined by the manufacturers.

4. Public Interest The public as a whole will benefit from a collaborative relationship between the FAA and Ocean UAS, Inc. that focuses on the safe promotion of best practices for training and qualification needs specific to the UAS industry, and the safe application of UAS in the areas of aerial photography, video, and surveys. The proposed UAS operations in this Petition for Exemption will also improve safety and reduce risk by reducing public exposure to the dangers associated with flight operations utilizing full size fixed-wing aircraft and rotorcraft. The UAS the Petitioner intends to use are battery-powered and create no emissions. Moreover, in the unlikely event of a sUAS accident, there is no combustible fuel on board, further reducing the risk of injury and damage to property. Any accident involving the lightweight UAS outlined herein will present significantly less danger to the pilot and other individuals on the ground than one involving a full size aircraft.

Page 75. Privacy

All operations by Ocean UAS, Inc. shall be conducted in accordance with applicable federal, state, or local laws regarding privacy. Ocean UAS, Inc. will not conduct flight operations over property that it does not own or control without prior consent of the property owner.

6. Conclusion Ocean UAS, Inc.'s Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act of 2012 including weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line-of-sight, and national security. The proposed UAS operations will benefit the public as a whole by fostering a collaborative relationship between the FAA and Ocean UAS, Inc. which focuses on UAS training, qualifications, and the safe and efficient integration of commercial sUAS operations into the NAS.

7. List of Attachments
1. DJI Phantom 3 Standard Quick Start Guide ( click to open ) 2. DJI Phantom 3 Standard User Manual ( click to open ) 3. DJI Phantom 3 Standard Safety Guidelines and Disclaimer ( click to open ) 4. DJI Phantom 3 Advanced Quick Start Guide ( click to open ) 5. DJI Phantom 3 Advanced User Manual ( click to open ) 6. DJI Phantom 3 Professional Quick Start Guide ( click to open ) 7. DJI Phantom 3 Professional User Manual ( click to open ) 8. DJI Phantom 3 Professional and Advanced Safety Guidelines and Disclaimer ( click to open ) 9. DJI Phantom 3 Charging Hub User Manual ( click to open ) 10. DJI Phantom 3 Intelligent Flight Battery Safety Guidelines ( click to open ) 11. DJI Phantom 3 Professional and Advanced Intelligent Flight Battery Safety Guidelines ( click to open ) 12. Tarot x8 User Manual ( click to open ) 13. 3DR Pixhawk (Tarot X8 Flight Computer) User Manual ( click to open ) 14. 3DR Pixhawk (Tarot X8 Flight Computer) Checklist ( click to open ) 15. Gens Ace Tattu LiPo Battery (Tarot X8 Battery) Operating Instructions ( click to open )
If additional information is required, or if you have any questions, please contact Ocean UAS, Inc., at (561) 542-6734 or andy@ocean-uas.com

Sincerely, Andrew McAllister Ocean UAS, Inc.

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