**Petition of Ar** **gus Rising, LLC**

For Exemption Pursuant to Section 333 , of the FAA Modernization and Reform Act of 2012 Dated

- August 10, 2015 To Whom It May Concern: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Argus Rising, LLC, (Argus) hereby applies for an exemption from F AA Regulations identified below, to allow commercial operations of “S mall U nmanned Aerial System s” herein referred to as ( sUAS ). Th e Argus exemption request is in accordance with protocols outlined in this petition for exemption, and any other requirements established by the FAA pursuant to Section 333 of the Reform Act. This exemption would permit commercial operation by A rgus , which uses Yuneec Q500 Typhoon s , DJI Phantoms and In spire s to conduct sUAS flight training and Aerial Photography services such as real estate photography and video. A rgus’s operation under the exemption will be subject to strict operating requirements and conditions to ensure an equivalent level of safety to currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333. Argus will be operated under controlled VFR conditions at low altitude in airspace that is permitted in accordance with A rgus’s approved Certificate of Authorization (COA). Argus will operate the sUAS ’s with pilots who have comprehensive UAV / sUAS / Drone flight training for competency and new FAA 333 and Part 107 commercial compliance requirements. Finally, the FAA ATC will approve the airspace in which the sUAS will operate.
Argus Rising, LLC respectfully submits this request for an exemption , Argus will operate the sUAS ’s in a safe controlled environment. Approval of this exemption w ill fulfill the Secretary of T ransportation’s (the FAA Administrator’s) responsibilities under FAA Section 333(c) of the Reform Act to “establish requirements for the safe operation of such aircraft systems in the national airspace system.” For your convenience, A rgus has organized t his Exemption request as follows:
I. Petitioner's Description II. Relevant Statutory Authority III. Qualifications for Approval Under Section 333 of the Reform Act IV. Description of Proposed Operations V. Regulations From Which Exemption is Requested VI. Public Interest VII. Privacy VIII. Federal Registry Summary IX. Conclusion**I. Petitioner's Description:** 

Argus Rising, LLC is headquarters in Fort Worth, Texas, we provide s UAS training and general aerial photography and video services such as real estate photography and video. Our training flights are conducted at AMA approved fields in a complian ce with AMA safety regulations.
ARGUS will be providing a range of services as the sUAS market matures. A rgus 's goal is to operate in a safe and accident

-free environment by consiste ntly d emonstrating a commitment by management and all employee’s to operat e in a controlled and safe manner. Argus will take care to recognize risk in advance and mitigate those risk for each and every flight, Argus will report when unsafe work practices appear to exist and Argus will assure that all employees involved in flight will operate the sUAS at the highest of safety standards. The contact information for Petitioner is as follows: Argus Rising, LLC PO Box 1928 Burleson, TX Member Manager: Allen Scott Beach Office: ( 817 ) 675

- 0212 Fax (972)

- 947

- 3819 Email: allen@argusrising.com **II. Relevant Statutor** **y Authority:**  This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to consider whethe r certain unmanned aircraft systems may operate safely in the National Airspace ("NAS") before completion of the formal sUAS rulemaking, based on the following considerations: • The sUAS 's size, weight, speed, and operational capability; • Operation of th e sUAS in close proximity to airports and populated areas; and • Operation of the sUAS within the visual line of sight of the operator.1 If the Secretary determines that such vehicles "may operate safely in the National Airspace System, the Secretary shal l establish requirements for the safe operation of such aircraft in the National Airspace System".Additionally, the FAA Administrator has general authority to grant exemptions from its safety

regulations and minimum standards when the Administrator dec ides a requested exemption is in the public interest. A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not A dversely affect safety (or how it would provide a level of safety at least equal to the existing rules). The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is de fined under 40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service: **The A dministrator may**  **grant an exemption from a requirement**  **of a regulation prescribed under subsection (a) or (b) of this section or any** 

**of sections. III. Qualifications for A** **pproval Under Section 333 of the Reform A ct**  The proposed operations in this petition for exemption qualify for expedite d approval under Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors are satisfied. The proposed operations would permit A rgus the use of sUAS under controlled conditions in airspace that is: (1) predetermined; (2) cont rolled as to access; and that (3) provides an increased level of safety beyond that existing when fixed or rotor wing aircraft are used to accomplish the same purpose.
A rgus uses sUAS s that are multirotor, weighing less than 25 pounds including payload. T hey operate, under normal conditions, at speeds not to exceed 45 mph and have the capability to hover, and move in the vertical and horizontal plane. A rgus ’s s UAS s will operate in line of sight, during daylight hours, and will only operate within a sterile area. A rgus will operate at or below 400 feet AGL and will file a NOTAM for each flight operated in controlled airspace.
A rgus ’s submission places a duty on the Administrator to not only process applications for exemptions under Section 333, but for the Administrator, if he deems the conditions proposed herein require modification in order to allow approval, to supply conditions for the safe operation of the s UAS

. A rgus welcomes the opportunity to consult with FAA staff in order to address any issues or concerns that this proposal may raise that they believe may require modification.Required permissions and permits would be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies prior to operating a s UAS

. Given the small size of the s UAS’s involved and the restricted sterile environment within which they will operate, this exemption falls within the zone of safety and demonstrate s an equivalent level of safety, in which Congress desired the FAA to permit commercial s UAS operations by exemption pending completion of formal rulemaking. Also, due to the size of the s UAS’s and the confined area in which the s UAS’s will operate, approval of the application presents no hazard in the NAS. Considering the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the significant publi c benefit, the grant of the requested exemptions is also in the public interest. **III. Description of Proposed Operations**  To assist the FAA in its safety assessment of A rgus 's proposed s UAS operations, below is a summary of operational limitations and conditio ns that will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:
1. Argus s UAS will weigh less than 25 pounds including payload

. 2. Flights will be operated within line of sight of the P ilot and obse rver. 3. Maximum total flight time for each operational flight will be limited to the amount of time the s UAS can be flown and still maintain a reserve battery power of at least 25%. 4. Flights will be operated at an altitude of no more than 400 feet AGL. 5. Flights will be operated at a lateral distance of at least 100 feet from any inhabited structures, buildings, vehicles, vessels, people not associated with the operation or who have not signed a waiver in Adv ance of the operation. 6. Minimum crew for ea ch operation will consist of the s UAS Pilot in Command and a Visual Observer. Additional crewmembers consist of a Pilot and a Camera Operator. 7. The s UAS Pilot in Command will have undergone comprehensive UAV / SUAS / Drone flight training for competency and new FAA 333 and Part 107 commercial compliance requirements. 8. A rgus will designate a Pilot in Command ("PIC") for each mission. 9. The s UAS will operate only within a confined "Sterile Area". 10. Prior to the operations at a particular location, a site inspection will have been conducted. On the day of the mission the management person with operational control and the PIC will concur on dispatching of the mission. 11. A briefing will be conducted in regard to the planned s UAS operations prior to each day's missions. It will be mandatory that all personnel who will be performing duties within the boundaries of the sterile area be present for this briefing. 12. ARGUS crew will use the checklist and callouts required in the Operat ions Manual. 13. All s UAS’s will be maintained in accordance with inspection program specified in the manufacturer’s guidelines.14. In the event of an accident involving an ARGUS s UAS, they will cease operations and report

the accident to the NTSB and AFS

- 80. 15. Pilot in Command and Visual Observer will at all times be able to communicate by voice. 16. Pilot in Command, Pilot, Camera Operator, Visual Observer, and Operational Personnel will have been trained and tested in accordance to FAA, NTSB, and AFS

- 80 best practices. 17. All required permissions and permits would be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies. 18. ARGUS management will submit a writte n “Plan of Activities” to the local Flight Standards District Office (FSDO) having jurisdiction over the area of proposed filming three days in A dvan ce of operations

. 19. If the s UAS loses communications signal, the s UAS will have the capability to retur n to a pre - determined location within the Sterile Area and land. 20. Contingency plans will be in place to safely terminate flight if there is a loss of communication between the pilot and the observer. 21. The s UAS has the capability to abort a flight in case of unpredicted obstacles or emergencies. 22. A rgus , by following FAA, NTSB, and AFS

- 80 best practices, will assure individual privacy is not violated. **IV. Regulations From Which Exemption is Requested**  **A. 14 CFR §**  **91.103: Preflight A ction**  **B. 14 CFR § 91.113: Right -** **of -** **Way Rules**  **C. 14 CFR § 91.119 (c): Minimum Safe A ltitudes**  **D. 14 CFR § 91.121: A ltimeter Settings**  **E. 14 CFR § 91.151(b): Fuel Requirements for Flight in VFR Conditions F. 14 CFR § 91.405(a), 91.407(a)(1)**  **, 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections** **A. 14 CFR § 91.103: Preflight A** **ction**

ARGUS requests an exemption from the preflight actions requirements of 14 CFR 91.113 that prescribes the preflight actions under which aircraft may operate: Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight.

a. Flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC

. b. For any flight, runway lengths at airports of intended use, an d the following takeoff and landing distance information: and i For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein ; c. and ii. For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.
A rgus will not operate s UAS’s under IFR conditions or when the ceilings are below 1000 feet and the visibility is below 3 statute miles. DJI’s s UAS’s do not have published approved Airplane or Rotorcraft Flight Man ual containing takeoff and landing distance data. **Equivalent Level of Safety** In adherence to FAA, NTSB, and AFS

- 80 best practices, the PIC along with the person having operational control must follow to assure that the weather will be adequate to complete the mission in VFR condition. Since ARGUS operates in California where the density altitude is never usually above 2000 feet, SUAS performance is not affected. When ARGUS is allow ed to operate in other parts of the United States the SUAS used in those locations will be test flown at gross weight to test performance limitations prior to conducting commercial operations. **B. 14 CFR 91.113: Right**  **- of** **- Way**  **Rules**
A rgus request an exemption from 14 CFR 91.113 Right

- of

- way rules, requiring vigilance by each person operating an aircraft so as to see and avoid other aircraft. When a rule of this section gives another aircraft the right

- of

- way, the pilot shall give way to th at aircraft and may not pass over, under, or ahead of it unless well clear. Argus Rising, LLC Drone Videography operates small pilotless s UAS’s and cannot comply with these rules as they have been written.**Equivalent Level of Safety**

ARGUS operates s UAS’s at or below an altitude of 400 feet AGL, well below the normal operating altitude of other aircraft. ARGUS management require that a Pilot in Command with experience will oversee each mission and has knowledge of the avoid rules. A Visual Observer will assist the PIC in looking for aircraft entering the operations area. It’s the responsibility of the PIC to cease operations and land the SUAS immediately whenever and aircraft comes into the vicinity creating a potential threat. Operations cannot reco mmence until the threat is clear. **C. 14 CFR. § 91.119: Minimum Safe A** **ltitudes**
A rgus requests an exemption from the minimum safe altitude requirements of 14 CFR 91.119 that prescribes the minimum safe altitudes under which aircraft may operate: • Over any co ngested 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. • Over other than congested areas at an altitude of 500 fe et above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. Section 91.119 (d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA." To provi de the intended operations, the s UAS is normally operated below 400 feet AGL. Additionally, due to the nature of the proposed operations, the s UAS will maintain a lateral distance of at least 100 feet from inhabited structures, buildings, vehicles, and ves sels, and from people not associated with the operation. **Equivalent Level of Safety** Compared to flight normal aircraft, ARGUS’s multi

- rotor aircraft weigh a maximum of 25 pounds, and given the lack of flammable fuel, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An 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. As set forth in the FAA, NTSB, an d AFS

- 80 best practices, the s UAS will be operated in a sterile area, where buildings and people will not be exposed to operations without their pre

obtained consent. Because of the Adv ance notice to the property owners and participants, all affected indiv iduals will be well aware of the planned flight operations prior to commencement of operations. Furthermore, by operating at such lower altitudes, the s UAS will not interfere with aircraft that are subject to the minimum safe altitude regulations. Finally, the successful safety record of the DJI s UAS’s demonstrates that the s UAS can be safely used at these lower altitudes and closer operating environments.**D. 14 C.F.R. 91.121: A** **ltimeter Settings**

A rgus seeks an exemption from 14 CFR 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is r equired because the s UAS does not have a barometric altimeter, but rather a GPS altitude read out. **Equivalent Level of Safety** An equivalent level of safety will be achieved by following the procedures set forth in the FAA, NTSB, and AFS

- 80 best practices. ARGUS will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude indicator to constantly monitor the s UAS 's height, thus ensuring operation at safe altitudes. **E. 14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions** 
A rgus requests an exemption from 14 CFR § 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states: a. No person may begin 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

– i. During the day, to fly after that for at least 25 minutes; or ii. At night, to fly after that for at least 45 minutes. The batteries powering A rgus ’s s UAS’s provide approximately 10

- 25 minutes of powered flight. To meet the 30 minutes reserve requirement in 14 CFR 91.151, s UAS flights could not be conducted. Given the limitations on the s UAS 's proposed flight area and the location of its proposed operations within a predetermined area, a safety margin based on a reserve amount of battery life is needed. ARGUS will not be conducting any s UAS flights at night. **Equivalent Lev** **el of Safety** An equivalent level of safety will be achieved because the operations will be conducted on

- site without significant transit time by the s UAS . All flights will be planned to terminate with no less than 25% reserve battery power still avail able. This restriction would be more than adequate to return the s UAS safely to its planned landing zone from anywhere in its confined area of operation even in the event of an unexpected occurrence. Operation of the s UAS with less than 30 minutes of reserve fuel does not include the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small SUAS , and the proximity of the flight operation to the landing zone. Moreover, operation will be limited to controlled areas w here only people and property owners, or official representatives who have signed waivers will be allowed.**F. 14 CFR § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance**

**Inspections**
A rgus also seeks an exemption from the maintenance inspection requirements contained in 14 CFR 91.405(a), 91.407(a) (1), 91.409(a) (2), 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 CFR Part 43. 14 CFR 91.405(a) (stating that each owner or operator of an aircraft "shall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption to these regulati ons is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the s UAS will not have. **Equivalent Level of Safety** An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with FAA, NTSB, and AFS

- 80 best practices. The operator will ensure that the s UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. 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. If mechanical issues arise, the s UAS 's size and carrying capacity, and the fact that flight operations will only take place in restricted areas for limited periods of time during daylight hours, creates less risk than that associated with conventional rotorcraft performing the same operation. **V. PUBLIC INTEREST**  Granting Argus Rising, LLC an exemption furthers the pub lic interest. National policy set by Congress favors early integration of s UAS into the national airspace in controlled, safe working environments such as those propose in this petition. The one vision of ARGUS is to help facilitate safe integration of s UAS’s into mainstream USA in the following areas:

• **Videography**

o Whether the shot requires unique views and expansive panning or extreme altitude with radical views, the s UAS is designed to hold up under demanding conditions. Because of the autopilot feature with pre

- designed mission management and R/C control interrupt, the pilot and camera operator can easily create the ultimate shot with HD video or HD still photos. When working close in on a closed set the hazards to the actors are greatly reduced due to the size of the s UAS

.• **News Gathering**

o Similar to movies and videography, each news assignment may require a completely different shot or view of a scene. With budgets for traditional helicopter use being greatly reduced, the SUAS is the perfect solution to allow for easy news gathering for a fraction of the cost. The s UAS can and will be operated in a sterile area away from the public, while the traditional helicopter must hover over persons and property increasing the danger to individuals.

• **Real Estate**

o The s UAS can be used in all areas of real estate, including commercial, residential and industrial properties. Using a s UAS, real estate professionals can create promotional videos, photos and unique shots that normal camera aspects canno t capture. ARGUS’s easy

-to
- use video and photo platform enables properties to stand out, providing dazzling views that are typically shown via expensive computer animation or costly helicopter rentals. Imagine shooting a view from a high

- rise condo in stunning high definition that shows your potential customer the actual view from the residence. The remote platform is great for new planning, zoning and large developments. Simple and easy

-to
- use video and photos allow for multiple height pictur es and elevation views. **VI. Privacy** 
Argus Rising, LLC is deeply committed to protecting public privacy. A rgus knows that many individual have concerns about privacy from the operations of s UAS’s. A rgus will utilize a privacy notice that informs residents, co mmercial property owners, churches, schools, and governmental organizations of our intent to conduct commercial drone operations in proximity to their property. **VII. Federal Registry**  **Summary** Pursuant to 14 CFR Part 11, the following summary is provided for pu blication in the Federal Register, should it be determined that publication is needed: Argus Rising, LLC seeks an exemption from the following rules: 14 CFR § 91.103; 14 CFR § 91.113; 14 CFR § 91.119 (c); 14 CFR § 91.121; 14 CFR § 91.151(b); 14 CFR § 91.40 5(a), 91.407(a) (1), 91.409(a) (2); 91.417(a) and (b). Approval of this exemption request allows A rgus to conduct commercial operations with small and lightweight unmanned aerial systems. A rgus ’s singular vision is to enhance safety of s UAS operations in the NAS while reducing risk to the general public and property owners. The DJI s and Typhoon UAS, weighing less than 25 pounds and powered by batteries, eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried o n bard. The s UAS is transported to the designated mission area and set up there. The s UAS will carry no passengersor crew and, therefore, will not expose them to the risks associated with manned aircraft

flights. The operation of this small s UAS will pro vide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of several regulations and allowing commercial operations. These lightweight s UAS’s operate at slow speeds, close to the ground, and in a sterile environment. As a result, they are far safer than conventional aerial survey and inspection operations conducted with fixed wing aircraft or helicopters. If additional information is required, or if you have any quest ions regarding this Petition for Exemption, please contact the undersigned: Allen S. Beach Member, Owner Argus Rising, LLC Office: ( 817 ) 675

- 0212 Email: allen@argusrising.com