# PeRKINSCOie

Brendan Murphy BMurphy@perkinscoie.com D. (206) 359-6179 F. (206) 359-7179



### VIA FEDERAL EXPRESS DocketManagementFacility US Department ofTransportation 1200 NewJersey Avenue, SE West Building Ground Floor Room W12-140 Washington, DC 20590 1201 Third Avenue

·· Suite 4900

Seattle. WA 98101-3099



### December 19, 2014



### Re: Ars Electronica Petition for Exemption from FAA Regulations Dear Sir or Madam: 0 +1.206359 8000 G +1.206359 9000



### Enclosedplease find Ars ElectronicaLinz GmbH's Petitionfor Exemption from Federal Aviation Regulations and Request for Approval to Operate Unmanned Aircraft Systems Under Section 333, which was filed today using the Federal Docket Management System. This petition is filed in cooperationwith Intel Corporation. Also enclosed is Ars Electronica's CONFIDENTIAL Proprietary Material Supplement which was not filed using the Federal DocketManagement System. We askthat this document be treated as confidential with no public access. Please feel free to contact me with any questions at 206.359.6179 or bmurphy@perkinscoie.com.

WBM Enclosures

LEGAL124513886.1 Perkins Coie LLP

# Petition for Exemption from FederalAviation Regulations-andRequest for Approval to Operate Unmanned Aircraft Systems Under Section 333

Submitted by: Ars Electronica Linz GmbH In Cooperation with Intel Corporation

Dated: December 19, 2014 ByElectronic Submission to: www.regulations.gov By Paper Submission to: U.S. Department ofTransportation Docket Operations West Building Ground Floor, Room W12-140 1200 NewJersey Avenue, SE Washington, DC 20590 Filed By: Brendan Murphy Perkins Coie LLP 1201 Third Ave., Suite 4900 Seattle, W A 98101 206.359.6179 bmurphy@perkinscoie.com Counsel for Intel CorporationTABLE OF CONTENTS Page

A. INTRODUCTION

............................................................................................................. 1 B. LEGAL AUTHORITYFORTHE REQUESTED EXEMPTIONS

.................................. 2 C. IDENTITY OF THE PETITIONER

.................................................................................. 3 D. THE PROPOSED FLIGHTS

............................................................................................. 3 E. ARS AND ITS EXPERIENCE SAFELY OPERATING LIGHT SHOWS

...................... 4 F. THE HUMMINGBIRD UNMANNED AIRCRAFT SYSTEM

....................................... 6 1. Hummingbird technical specifications

.................................................................. 6 2. The flight control system

....................................................................................... 7 3. Communications link

............................................................................................. 8 4. Lost link protection

................................................................................................ 8 5. Payload

................................................................................................................... 9 6. Manuals

.................................................................................................................. 9 7. Maintenance

........................................................................................................... 9 8. Batterypower and flight duration

.......................................................................... 9 9. Noise

.................................................................................................................... 10 G. UNMANNED AIRCRAFT OPERATORS AND OBSERVERS

................................... 10 H. THE AIRSPACE AND MEASURES TO ENSURE SEPARATION FROM MANNED TRAFFIC AND PERSONS ON THE GROUND

......................................... 11 1. The airspace and geo-fence

.................................................................................. 11 2. Safety ofpersons on the ground

........................................................................... 13 I. CONDITIONS OF FLIGHT

............................................................................................ 14 1. Daylighthours

...................................................................................................... 14 2. VMC conditions

................................................................................................... 14 3. Visual line ofsight

............................................................................................... 14 4. Advance coordination withthe FAA

................................................................... 14 J. PRIVACY

........................................................................................................................ 14 K. REGULATIONS FROM WHICH EXEMPTION IS SOUGHTAND EQUIVALENT LEVEL OF SAFETY

............................................................................ 15 1. Part 21 (Airworthiness Certification)

................................................................... 15 2. Parts 45 and 4 7 (Registration and Marking)

........................................................ 16

a. Registration

.............................................................................................. 16

- 1 -TABLE OF CONTENTS (continued) Page

b. Marking

.................................................................................................... 16 3. Parts 61 and 67 (Pilot and Medical Certificates)

................................................. 17 4. Part 91 (General Operating and FlightRules)

..................................................... 19 L. GRANTING THEEXEMPTION IS IN THE PUBLIC INTEREST

.............................. 23 M. NATIONAL SECURITY CONSIDERATIONS

............................................................. 24 N. PROPOSED CONDITIONS AND LIMITATIONS ON THE EXEMPTION

................ 24 

### 0. SUMMARYFORPUBLICATION IN THEFEDERAL REGISTER

........................... 

### 25 P. CONCLUSION

................................................................................................................ 26

- ii

-A. 

### Introduction Ars ElectronicaLinz GmbH ("Ars"), in cooperation with Intel Corporation, petitions for exemption from certain federal aviation regulations and requests approval to operate unmanned aircraft systems in the national airspace system under Section 333 ofthe FAAModernization and Reform Act of2012, 49 U.S.C. §44701(f), and 14 CPRPart 11. To summarize briefly, Ars is an Austrian company that specializes in light shows with unmanned aircraft flying in various formations. Ithas successfully conducted several shows in Europe, the Middle East, and Australia. In cooperationwith Intel Corporation, Ars wishes to bring the same audience experience to the United States and to demonstrate the capabilities and benefits ofthe automated flight control systems that make unmanned formation flight possible and safe. Unmanned aircraft light shows are potentially a cheaper, more environmentally friendly, and safer alternative to the traditional fireworks show for celebratingpublic events and holidays. American audiences cannot currently enjoy them because ofthe prohibition on unmanned flight for any commercial purpose absent specific authorization, which is available only under Section 333 ofthe FAA Reform and Modernization Act of2012 (the "2012 Act"). The current aviation rules, developed as they were in the context ofmanned flight, make operating a light showwith unmanned aircraft either illegal or impractical. Uncritically applying these rules to unmanned use cases simply does not make sense, does not advance safety, and stifles innovation. And doing so conflicts with Congress' mandate to integrate unmanned aircraft systems into the national airspace system. The use case addressed in this petition exemplifies the type ofuse case that Congress wantedto permitthrough Section 333, in thatthe aircraft characteristics andthe particularities ofthe proposed flights result in an equivalent orhigher level ofsafety than the regulations otherwise wouldprovide. Several features ofthe aircraft and flights assure the safety ofother users ofthe national airspace system andpersons and property onthe ground. 1. Eachunmanned aircraft weighs less than 2 pounds fully loaded and flies less than 6 knots groundspeed during a light show. 2. All aircraft fly within a small cylindrical airspace measuring less than 1,000 feet diameter. 3. All aircraft operate below 400 feet above ground level. The vertical and lateral airspace limits assure separation from all othertraffic. 4. All flights are within visual line ofsight ofthe operators and observers. Giventhe small size ofthe airspace, all aircraft will fly within about 1,100 feet ofthe operators and observers. 5. The aircraft are controlled by a flight control systemthat automatically controls each aircraft's position and altitude. Aircraft fly between preprogrammed GPS position and altitude waypoints. Before each flight, Ars runs computer simulations to verify thatthe aircraft following these waypoints will maintain appropriate separation from each other, fly within airspeed limits, and stay within thepredefined airspace.

- 1 -6. A two-boundary GPS geo-fence ensures that all aircraft stay withinthe defined airspace. 7. An exclusion zone drawn well outside the geo-fence ensures that aircraft do not fly over or near any non-participants. Congress did not include any required showing ofpublic interest in Section 333, so a showing ofpublic interest arguably is notrequired to obtain operating authority under that section. Even so, granting the requested exemptions advances thepublic interest in at leastthree respects. First, unmanned formation flight demonstrates the ability ofnumerous unmanned aircraft to fly in small spaces nearpopulated areas using sophisticated flight controltechnology and helps promote public acceptance ofunmanned aircraft systems, especially in novel use cases that were notpossible with manned aircraft. Second, light shows are a safe and environmentally friendly alternative to fireworks displays. Third, light shows provide a free entertainment show to the public, paid for bythe show sponsor. Section L below elaborates on these points. This petition addresses the rules thatrequire exemption. Ars will, perFAA requirements, file a separate application for a Certificate ofAuthorization orWaiverthat details the precise location and airspace proposed for any given flight. B. 

### Legal Authority for the Requested Exemptions Congress, in the 2012 Act, mandatedthe FAAto integrate unmanned aircraft systems (UAS) into the national airspace system. Itdirected the FAAto "develop a comprehensive plan to safely accelerate the integration ofcivil unmanned aircraft systems into the national airspace system," and to draft rules to accomplishthis integration. 2012 Act,§ 332(a), (b). Inparticular, Congress directed the FAAto develop regulations that "allowfor civil operation" ofUAS weighing less than 55 pounds. 

### !d. at§ 332(b)(l). Congress further mandatedthatthe FAApermit certain small UAS to operate even before final UAS regulations are implemented. 

### !d. § 333. Under Section 333, the Secretary ofTransportation "shall determine ifcertain unmanned aircraft systems may operate safely" before the regulations are complete-thatis, ifthey "do not create a hazardto users ofthe national airspace system orthe public orpose a threatto national security." 2012 Act,§§ 333(a), (b)(1). Congress directed the Secretary to consider six factors bearing on safe operation: (1) size, (2) weight, (3) speed, (4) operational capability, (5) proximity to airports and populated areas, and (6) operationwithin visual line ofsight. 

### Id. Ifa small UAS can operate safely, the Secretary must establish the requirements to facilitate that operation. 2012 Act,§ 333(c). Notably, Section 333 does notrequire any demonstrationthat a particular UAS flight advances the public interest. Congress declared that integrating UAS into the national airspace system 

### is the public interest. Section 333 provides the overarching legal basis to permit small UAS to operate under certain conditions in the national airspace system notwithstandingthatthe rules developed in the eraofmanned flight would otherwise barthose operations. Separately, the FAAhas longstanding authority to grant exemptions from any regulationprescribed under sections 44701- 44716 ofTitle 49 upon finding the exemption is "inthe public interest." 49 U.S.C. § 44701(f). Congress has long identified "encouraging and developing civil aeronautics" as a matter "inthe



### - 2 -public interest" thatthe Administrator must consider in carrying outthe agency's safety responsibilities, including granting exemptions. 49 U.S.C. §40101(d)(3). And more particularly, in the 2012 Act Congress made integrating UAS into the national airspace system notjusta matter ofpublic interest, but an imperative. 

### C. Identity ofthe Petitioner The petitioner is Ars Electronica Linz GmbH, which is located at: Ars-Electronica-StraBe 1 4040 Linz, Austria Tel. +43.732.7272.0 Fax. +43.732.7272.2 E-Mail: info@aec.at This petition is submitted in cooperation with Intel Corporation, which is located at: 2200 Mission College Blvd. Santa Clara, CA 95054 The initial point ofcontact for questions regarding this petition is BrendanMurphy, who is outside counsel for Intel Corporation. His contact information is: BrendanMurphy Perkins Coie LLP 1201 Third Ave., Suite 4900 Seattle, WA 98101 206.359.6179 bmurphy@perkinscoie.com 

### D. The Proposed Flights The flights for which Ars seeks authorization are light shows withup to 200 unmanned aircraft. The shows last approximately 5-8 minutes each, and will be conducted near or after sunset but before the end ofcivil twilight. Theywill use "Hummingbird" quadcopters, which have light-emitting-diode (LED) modules and fly in various formations in a preprogrammed "animation." The animation can take many forms. At its simplest, the aircraft can simply arrange themselves in a pattern such as a logo. The best example ofthis is a light showArs performed nearthe Tower Bridge in London in which 30 unmanned aircraft flew in the formation ofthe Star Trek logo. The automated flight control technologypermits much more complicated animations as well. The aircraft can, in a single show, form multiple formations, rotating about multiple axes. The show sponsor, which is Intel Corporation for the flights addressed in this petition, chooses the type ofanimation and desired audience experience. Ars determines the number of aircraft and volume ofairspace required to perform the show. The required airspace is small,

- 3 -typically less than a thousand feet across and a few hundred feet high, because the automated flight control technology enables a few hundred aircraftto fly in a tight formation. Once Ars and the sponsor identify feasible locations, Ars inputs the position and altitude waypoints for each aircraftto follow, programs the LED modules, and links the positions and light display in a single time sequence. The show unfolds by the aircraft flying their waypoints and displaying the lights and colors prescribed in thetime sequence. Each aircraft weighs less thantwo pounds, including its LED module, and flies slower than 6 knots groundspeed during the show. The aircraft operate inside a small airspace that is segregated from all other aircraft and persons on the ground. The flights addressed in this petitionwill occupy an airspace measuring no more than 1,000 feet in diameter, with a maximum altitude 400 feet above ground level. A two-boundary GPS geo-fenceprevents aircraft from exitingthe airspace. The 400-foot altitude cap, the small size ofthe airspace, and the geo-fence ensure separation from all other aircraft. The flight area and geo-fence are surrounded by a large exclusion zone to ensure that aircraft do not fly over or near nonparticipatingpersons. Ars can safely operate a show with 200 aircraft. The practical limits are the show location and available airspace. The airspace must allow the aircraft to maintain at least 6 meters separation from each other during flight, and the site must accommodate a safety exclusionzone large enoughto protectpeople on the ground. Because the flight control system is automated and the aircraft fly the time sequence with no control inputs from apilot, a few operators can safely manage a show involving 200 aircraft. 

### E. Ars and its Experience Safely OperatingLight Shows Ars is an Austrian corporationthatbegan operations in 1979 and focuses on digital art andmedia. One ofits main operations involves fusing artistry withresearch and development and industrial applications in its FutureLab. The FutureLab is a media art laboratorythatmixes artistic and technological innovation. The staffincludes experts from a wide variety offields, including physics, electrical engineering, computer science, and 3D/graphical design. The FutureLab's activities include conception and realization ofexhibition projects and artistic installations as well asjointventures with partners in academia and the private sector. Unmanned aircraft light shows are one suchproject, whichpremiered in 2012. Ars has conducted 10 nighttime light shows thatare similar in conceptto the flights proposed in this petition. Those shows involved the same type ofaircraft and safety measures discussed in this petition, and tookplace with no incidents or hazards to other aircraft orpersons onthe ground. They are listed in the table below, with links to photographs and video footage of the showwhere available.

Klangwolke This show involved four flights of49 UA flying in various formations. Linz, Austria September 2012

- 4 - Video available athttp://www.aec.at/spaxels/shows/linz-klangwolke2012/

.2 Star TrekInto The Darkness London, March 2013 Promotion United Video available at This show involved 30 UA flying in the Kingdom httQ:/ /www.aec.at/SQaxels/shows/star-trek-intoformation ofthe Star Trek logo nearthe darkness/ TowerBridge in London. 3 InternationalBergenFestival Bergen, May 2013 This show involved multiple flights with Norway Photos available at up to 30 UA flying in various httQ:/ /www.aec.at/SQaxels/shows/bergen-festivalformations. 2013/ 4 LjubljanaFestival Ljubljana, June 27, 2013 This show involved multiple flights with Slovenia Photos available at up to 27 UA flying in various httQ://www.aec.at/sQaxels/shows/ljubljana-festivalformations. 2013/ 5 QUTRobotronica Brisbane, August 18, 2013 This show involved 30 UA flying in Australia Video available at various formations. httQ://www.aec.at/sQaxels/shows/brisbanerobotronica-20 13/ 6 We are here!Ars Electronica Festival Linz, Austria September 5, 2013 This show involved 30 UA flying in Video available at various formations. httQ:/ /www.aec.at/sQaxels/shows/we-are-here/ 7 European Capital of Culture Umea, March 1, 2014 Opening Sweden Video available at This show involved 30 UA that formed httQ://www.aec.at/sQaxels/shows/umea burning s the City ofUmea's logo and the stars of now/ the European Union's flag. 8 Islamic Capital ofCulture Opening Sharjah, March 2014 This show involved 15 UA formation United Arab Video available at flights, each with 15-25 aircraft, during a Emirates httQ:/ /www.aec.at/SQaxels/shows/sharjah-clusterstwo-week festival. of-light/ 9 German Day ofUnity Hannover, October 3, 2014 This show involved 30 UA flying in Germany Video available at various formations. httQ:/ /www.ndr.de/nachrichten/niedersachsen/tag der deutschen einheit/Echt-was-los-in-HannoverLichter-Laser-Emotione,lichtshow1 04.html 10 43rdNationalDay Celebration Dubai, United December 1, 2014 This show involved 30 UA flying in Arab Emirates Photos available at various formations. httQs://www.flickr.com/Qhotos/arselectronicalsets/ 72157649516888522

For each show, the show sponsor obtained the necessary government approvals to operate unmanned aircraft. Not all ofthese shows took place injurisdictions that required permission from the national aviation authorities. Ofthose that did-Germany, Sweden, Australia, and Dubai-the regulators authorized the shows.

- 5 -The above table lists thepublic performance light shows, which represent only a fraction ofArs' experience operating unmanned aircraft in formation flight. Counting test flights before shows, promotional flights, and flights for video shoots, Ars has conducted more than 75 flights involving large numbers ofunmanned aircraft flying invarious formations. Not one flight has presented a hazardto othertraffic orpersons on the ground. 

### F. The Hummingbird Unmanned Aircraft System The light shows will use up to 200 Hummingbird unmanned aircraft manufactured by Ascending Technologies GmbH ("AscTec"). AscTec is a German companythat designs and manufactures micro unmanned aircraft systems for civil use and research. The company's contact information is: Ascending Technologies GmbH; Konrad-Zuse-Bogen 4 Ill 82152 Krailling; Germany; T +49 89 89556079-0; F +49 89 89556079-19; team@asctec.de; www.asctec.de. The Hummingbird is a battery-powered quadcopterthatweighs less than two pounds fully loaded. For light shows, each aircraft carries an LED module thatweighs approximately 100 grams (.22lbs). The maximum airspeed the aircraft can reach in any configuration is 15 m/s, or 29.16 knots. That speed is notrelevantbecause the aircraft can only achieve it when operated individually byremote control, which is a different means ofoperation thanproposed here. During a light show, aircraft operate in GPS mode, which limits groundspeedto 8 m/s, or 15.55 knots. Eventhis figure is notthe relevant one because Ars further limits the maximum groundspeed ofall aircraft during a light showto 3 mls, or 5.83 knots. Given its low mass, low range, and low speed, the Hummingbird is primarily suitable to fly in formation inside a small airspace, within the operators' visual line ofsight. 

### 1. Hummingbird technical specifications The belowtable lists the AscTec Hummingbirdtechnical specifications: Aircrafttype Quadcopter ( 4rotors) Dimensions 540 mm x 540 mm x 117 mm (21.26 in x. 21.26 in x. 4.61 in) Propulsion type 4 electrical, brushless DC motors with maximum power of80 watts each Maximum thrust of20N Rotor type Fixed pitch, variable RPM Rotor diameter 8in Rotor weight ;:::; 8 g (;:::; .28 ounces) Maximum rotor RPM 8,000 Battery type Lithium ion polymer 3PP2100 cells Empty weight ;:::; 350 g (;:::; .77 lb) Minimum takeoffweight ;:::; 510 g (;:::; 1.12 lb) Maximum takeoffweight ;:::; 710 g (;:::; 1.57lb)



### - 6 -Maximum payload ;:::; 200 g (;:::; .44 lb) Flighttime (no payload) 20 minutes With LED module payload 10 minutes (at moderate speeds) Range 1 km (.62 miles) Maxwind speed for flight 10 m/s (19.44 knots) (withoutpayload) Maximum speed 15 m/s (29.16 knots) airspeed in manual mode

In GPS mode, speed is limitedto 8 m/s (15.55 knots) groundspeed. Groundspeed during a light show is further limitedto 3 m/s (5.83 knots). Maximum rate ofclimb 5 mls (984 ft/min) The manufacturerhas published the Hummingbird's safety data sheet online at http://www.asctec.de/ downloads/public/ AscTee-Hummingbird Safetydatasheet.pdf. A video demonstrating the aircraft is also available at the manufacturer's website: http://www.asctec.de/en/uav-uas-drone-products/asctec-hummingbird/. Below is a photograph ofthe Hummingbird unmanned aircraft system and a schematic showing its dimensions.

2. The flight control system E E

### ~



# ' '**~** ,.._



# ' 540mlll

The Hummingbird controls vertical and lateral movement by varying rotor RPM rather than using airflow over flight control surfaces. To move laterally, the aircraft varies RPM among the four rotors to induce a smallpitch or roll attitude and moves along a horizontalplane. To move vertically, the rotors increase or decrease RPM collectively to increase or decrease power output. The Hummingbird uses an automated flight control system that allows a few operators to control many aircraft atthe same time, enablingthe aircraft to fly safely in close formation for light shows and other applications. For a light show, Ars loads the flight control system software



### - 7 -onto laptops for each operator, and links the laptops to each other and to a communications link to form a ground control station. Each operator can oversee multiple aircraft from one laptop. The flight control system uses GPS to determine each aircraft's position in real time. Each aircraft also has accelerometers, butthey have minimal input in the aircraft'sposition determination. Each aircraft uses a barometric altimeterto measure altitude. Theyreport altitude with reference to above ground level because the ground control station is considered "zero" altitude, regardless ofheight above sea level. Ars is aware ofthe FAApolicy that "UAS that are designed to be completely autonomous, with no capability ofpilot intervention, are not authorized inthe national airspace system." Interim Operational Approval Guidance 08-01**~** 8.2.9 (March 13, 2008). The flights described in thispetition do not involve such autonomous flight. The operator canmanually control any aircraft at any time. The details ofthe flight control system are proprietary and are described inthe proprietary supplement. 

### 3. Communications link The ground control station communicates with each aircraft via a 2.4 GHz link, the details ofwhich are described in the proprietarymaterial supplement. Itis an off-the-shelfFCCcompliant communications solution that does not require any additional FCC approvals for use onunmanned aircraft in the United States. The ground control station uses this communications link to uploadposition commands to each aircraft. The aircraft use it to downloadtheir current state in real time, including GPS position, altitude, battery level, and engine status. The communications linkhas a range ofapproximately 600 meters (1,968 ft.). The ground control station is generallypositioned nearthe boundary ofthe flight area or geo-fence and is always within range ofall aircraft during the show. Ars does notpropose to use a mobile ground control station. 

### 4. Lost link protection The aircrafthave lost link protection to ensure safe and automatic recovery within the flight area ifthe communications link or GPS signal is disrupted. Ifan aircraft loses communications withthe ground station, itholds its currentposition and altitude for 10 seconds and attempts to regainthe signal. Ifit cannot do so, the aircraft follows the "emergencyhome" procedure and automatically returns "home," which is the point from which it took off. The aircraft flies to a point directly above its home position at a predefined minimum altitude, or its altitude atthe time ofsignal loss ifthat altitude is higherthan the minimum, and then lands.

- 8 -Ifan aircraft loses the GPS signal, it levels itselfand descends at a controlledrate of8 meters per second (1575 ft./min). When the GPS signal is restored the aircraft switches backto its regular GPS-position-controlled mode and reverts to its assigned position. 

### 5. Payload Each vehicle is equipped with an LED module weighing approximately 100 grams (.22 lbs). The LED modules display red, green, blue, and white light ofvarying brightness and hue during the light show. The modules are securedto each aircraft to preclude accidental payload loss in flight. 

### 6. Manuals The aircraft manufacturerpublishes a manual online at http://wiki.asctec.de/display/AR/User+Manual. The manual addresses how the aircraft and its systems work, the various flight control modes, preflightprocedures, emergencyprocedures, weather and operating limitations, troubleshooting, and safety. The aircraft manufacturer also publishes a safety data sheet online at http://www.asctec.de/ downloads/public/ AscTee-Hummingbird Safetydatasheet.pdf. The safety data sheet contains technical information as well as a description ofemergency modes. 7. 

### Maintenance The Hummingbird requires very little user maintenance. The principal user-level maintenance is the hardware inspection, which is done before and after every flight and after every repair. The details ofthe inspection are proprietary and are described in the proprietary material supplement. The aircraftmanufacturerhas a checklistthatArs also reviews before each flight to verify the aircraft and control system are in a condition for safe operation. The checklist is proprietary and is included in the proprietary material supplement. Ars tracks inspection and maintenance for each aircraft, by serial number, in a database. 

### 8. Battery power and flight duration The batteries powerthe engines and LED module. Maximum flight duration without using the LED modules is 20 minutes, and 1 0 minutes when using them. Each aircraft continuously reports its battery state to the operators, who can command an aircraft to land ifits battery depletes faster than expected. To ensure adequate power margin, Ars limits the light shows to 8 minutes or less. This limitation allows the aircraft to land with at least 20% reserve batterypower, which is withinthe marginthe FAA has permitted in prior grants ofexemption. 

### See, e.g., Clayco Grant at 15. 1

1Prior Grants ofExemption are cited in shorthand bythe operator's name. Full citations are listed in Appendix B.



### - 9-To maximize the audience experience, Ars may run a few shows backto back. Between shows, Ars exchanges the batteries so that each aircraft begins a flight with fully charged batteries. 

### 9. Noise The aircraft are electricallypowered and emitvery little noise. A detailed noise analysis is notnecessary because "ifa determination is made under Section 333 that an airworthiness certificate is notrequired, noise certification and testing will also notbe required for the subject aircraft for the term ofthe exemption." FAA, Public Guidance for Petitions for Exemption Filed Under Section 333 (Sept. 25, 2014), at 4. The light show may be setto music. Ars or Intel will coordinate with local authorities to ensure compliance with all applicable noise ordinances. 

### G. Unmanned Aircraft Operators and Observers The light showpresents a novel use case in at leastthree respects: (1) the aircraft are controlled by an automated flight control system ratherthanhuman commands or conventional aircraft controls, (2) one operator oversees multiple aircraft, so individual aircraft do nothave a single, dedicated "pilot in command," and (3) operating light shows involves skills specific to light shows ratherthantraditional aeronautical knowledge. The safety in this use case comes from flying in a small airspace separated from other aircraft andpeople on the ground, and from flying a preprogrammed formation that is verified safe through computer simulations, not from a certificatedpilotmanipulating each aircraft's controls. As a result, traditional notions ofwho should be permitted to operate these aircraft do not apply. The position commands the aircraft follow result from an extensive developmentprocess between Ars andthe show sponsor. The sponsor specifies the desired audience experience, for instance flying in a logo formation as in the London show or an animation setto music. Ars determines the required number ofaircraft, defines the airspace boundaries (andthose ofthe surrounding geo-fence and exclusion zone), and programs the positions and altitudes for the aircraftto follow. Ars then runs computer simulations to verify thatthe aircraft can execute the position instructions within the defined airspace boundaries while maintainingthe required 6- meter separation from each other and staying belowthe maximum 3 m/s groundspeed. The individual operator's role in a light show is to monitorthe aircraft and issue the computer commands that initiate the takeoff, light show, and landing. The operator ensures that all aircraft are online and communicating, monitors battery and GPS state, and stands ready to command landing or other action ifa problem develops. The automated flight control system does everything else, executing the position instructions developed in the pre-showplanning process described above. The operators generally do not have pilot or medical certificates. Theyhave, rather, extensive experience developing and safely flying light shows around the world. Pilottraining and the type ofaeronautical knowledge developed through manned flight simply do not carry over to light shows. These aircraft do not fly like conventional aircraft. They do not enter traffic patterns, navigate busy airways, or fly in IMC. Mostimportantly, they do not fly near other

- 10-aircraft or people onthe ground. A computer controls theirposition in a small airspace where they cannot interfere with other users ofthe national airspace system. The skill setto safely execute a light show comes from experience operatingthese aircraft and these light shows, not from flying fixed-wing aircraft orhelicopters. All flights will take placebelow 400 feet above ground level, which is belowthe minimum allowed altitude for manned aircrafttraffic (otherthan ontakeoffand landing) and is entirely within the altitude zone permitted for unmanned model aircraft flight. 14 CFR § 91.119, Advisory Circular 91-57. This altitude limitation, in conjunction with the small lateral area ofthe airspace, ensures separation from mannedtraffic. As a further safety measure, Ars will use ground-based observers to provide additional see-and-avoid capability to detect any wayward traffic that may approach the flight area. Specifically, Ars will station two dedicated observers near the flight areawhose sole function is to observe the surrounding airspace before takeoffand during the light show for any approaching aircraft, gliders, parachutists, or othertraffic. The observers will be positioned so each has unobstructed views ofatleast 180° ofthe airspace surrounding the flight area, andtogetherhave a 360°view. The observers will remain in constant verbal communication, viatwo-way radio, with the operators. Ifthe observers detect approaching traffic thatmayresult in an airspace conflict, the operators will command all aircraft to immediately land. Observers will comply with the guidelines stated in FAA Order 8900.1, vol. 16, ch. 5, section 3, in that (1) they will assist the operators to ensure aircraft stay within the VLOS limit and remain clear ofother aircraft, (2) they will notuse magnification devices or nightvision goggles otherthan to augmentnormal vision within the VLOS limit, (3) they will be stationed in the locations that afford the best available view ofthe entire area where the flight is conducted, and (4) they will not "daisy-chain" to extendthe VLOS limit. The fifth condition, dark adaptation, does not apply because Ars does notpropose to fly during nighttime hours. 

### H. The Airspace and Measures to Ensure Separation from Manned Traffic and Persons on the Ground 1. 

### The airspace and geo-fence All flights, no matterwhere conducted, will take place within a small cylindrical airspace that is separated from all other aircraft and surrounded by an exclusion zone onthe groundto ensure separation ofaircraft from all nonparticipatingpersonnel. TheFAAhas already granted exemptions for unmanned aircraftto fly on closed movie sets. Astraeus Grant at 23. The proposed flights are similar in conceptbecause they occurwithin a defined airspace in which there is no potential conflictwith nonparticipating aircraft orpersonnel. All aircraft will fly lowerthan 400 feet above ground level. This is the altitude below whichthe FAA already permits unmanned flight for model aircraft. Itis also belowthe "navigable airspace," which is the "airspace above the minimum altitudes offlight prescribed by regulations

... including airspace neededto ensure safety in the takeoffand landing ofaircraft." 49 U.S.C. § 40102(a)(32); 14 CFR § 1.1. The FAA defines "minimum safe altitudes" as generally at least 500 feet. 14 CFR 

### § 91.119.

- 11

-The radius ofthe cylinder, whose circumference forms the outer boundary ofthe airspace, may vary slightly depending onthe location chosen for the flight. The maximum lateral limit that Ars envisions is a 150 meter radius, which is 492 feet. Thus the airspace, regardless of location, wouldhave a maximum diameter of300 meters (984ft). As such, all flights will take place entirely within a cylindrical airspace measuring less than 1,000 feet across and less than 400 feet above the ground. The primary means to keep aircraftwithin the defined airspace is the flight control system. The system commands all aircraft to follow preprogrammedpositions that computer simulations verify in advance are inside the airspace. Ars uses geo-fencing as a secondary safety measure. A geo-fence is a GPS-based virtual fence that, ifcrossed, triggers a reaction in the aircraft's control systemto take some actionto eitherremain inside the fence or safely land. Formaximumprotection, Ars uses a two-boundary geo-fence that encircles the airspace. The innerboundary is a few meters outside the airspace boundary. Ifan aircraftreaches the inner boundary, the flight control system commands itto return home, which is the position from which it took off. An aircraftreturns home in this situation by flying at a prescribed altitude to a point directly above its home position and then landing. The prescribed altitude is the higher ofa presetminimum altitude (currently 35 meters agl, butthis can be changed) or the altitude ofthe lowest waypoint during the flight. In other words, ifthe aircraft's lowest waypoint was 50 meters agl, it will fly that altitude, not the 35 meterminimum. The outer geo-fence boundary is a few meters outside the inner boundary, and provides an extra level ofsafety in the unlikely event a vehicle breaches the inner boundary. Ifa vehicle reaches the outer boundary, all four engines switch offand the vehicle descends in a noncontrolled mannerto the ground. The exclusion zone, described in the next section, ensures that an aircraft descending in such manner cannot reach people onthe ground. All aircrafttake offand land withinthe designated airspace; they do notneed any transit airspace. The launch site can be onthe ground or an elevatedplatform such as a rooftop, depending on the features ofa given site. To ensure adequate margin from the platform boundary, Ars will have a 5 meter buffer between launch/recovery positions and the edge ofthe platform. Ars will not use any movingplatform for a launch site. Ifit uses a vessel such as a barge, the vessel will be anchored. Ars will address the precise location and classification ofthe airspace inthe application for Certificate ofAuthorization or Waiver. Atthis time, Ars does notcontemplate flying within class B airspace. Some potential sites lie within 5 nautical miles ofan airport, and therefore would not fit within limitations the FAAhas imposed on some Section 333 authorizations. See Clayco Grant at 19. The FAA should not impose such a limitation here because the small lateral and vertical limits ofthe airspace ensure ample separation from traffic using nearby airports. To further

- 12-ensure safe and smooth operation, Ars orIntel will coordinate with ATC and the operator ofany airportwithin 5 miles ofthe flight area well in advance ofany flight. 

### 2. Safety ofpersons on the ground An exclusion zone onthe ground ensures that aircraft do not fly over or near any nonparticipants. The exclusion zone encircles the airspace and its boundary lies well outside the outer geo-fence boundary. People not involved in operatingthe light show are barred from entry. Ars determines the size ofthe exclusion zone based onthe maximum distance an aircraft could travel ifit exitedthe outer geo-fence at 10 m/s (19.44 knots) groundspeed and descended with no power. The 10 m/s assumption is conservative, by a factor ofthree, because aircraft are limitedto 3 m/s groundspeed in a light show. Ars may reduce the speed assumption in developingthe exclusion zone boundary for a particular site, providedthe speedused exceeds the maximum speed ofany aircraft during a flight. The exclusionzoneprovides an over-sized safety buffer based on a worst-case scenario. As an example, for an airspace of 125 meters radius, and using the 10 m/s second conservative assumption, the exclusionzone would have a radius ofapproximately 190 meters, thus providing a safety buffer of65 meters. Althoughthe buffer is less than the 500-foot safety margin reflected in section 91.119(c), it results in higher safety because the exclusion zone is designedto ensure that an aircraft leavingthe geo-fence with maximum energy lands well inside the safety area. Ars will use a combination ofphysical barriers (fences, tape) and security personnel to enforce the exclusionzone. The means chosen will be appropriate to the site andtheproximity of persons, streets, and buildings to the exclusion zone boundary. Foreach location used for a flight, Ars and Intel will develop a site-specific safety plan that outlines theprecise boundary of the exclusion zone and the means to enforce it. Some potential sites under consideration have public streets withinthe area ofa likely exclusion zone. Ars orIntel will workwith local authorities to obtain permission to close these streets. Some potential sites also have commercial or industrial buildings (notresidential buildings) thatwould lie within the exclusion zone. Ars does notproposeto evacuate persons from commercial or industrial buildings within the exclusion zone, butwill ensurethat any nonparticipants stay withinthe buildings during each flight. Giventhe lowmass and speed ofthe aircraft, the structure provides a physical barrierprotecting nonparticipants. The FAA has recognized thatphysical barriers provide equivalent safety to the separation requirements in part 91.119. Clayco Grantat 15 ("Ifbarriers or structures are presentthat can sufficientlyprotect nonparticipatingpersons from debris inthe event ofan accidentthenthe UA may operate closer than 500 feet to persons afforded such protection."). Ars or Intel will provide all required notifications to, and obtain all required permits from, state and local authorities. Ars orIntel will also obtainpermission from the owners ofall property encompassedby the flight area and exclusion zone.

- 13

-I. 

### Conditions ofFlight 1. 

### Daylight hours All flights will be conductedbefore the end ofcivil twilight. Ars does not, atthis time, request authorization to fly at night. 

### 2. VMC conditions All flights will be conducted in visual meteorological conditions. The aircraft can operate in minorprecipitation such as drizzle, provided conditions remain VMC. Dueto their low mass and the requirementto stay onposition during formation flight, the flights will only be conducted with maximum sustained and gusting winds lower than 6 meters per second, or 11.66 knots. 

### 3. Visual line ofsight All flights will be conducted within visual line ofsight (VLOS) ofthe operators and observers. For clarity, Ars regards VLOS for these purposes as being within sight ofthe human eye with no magnification aids. Prescription corrective lenses may be worn. As apractical matter, all aircraft necessarily will remain within visual line ofsight because ofthe small airspace. Operators and observers are typically situated within or immediately adjacentto the flight area. With a flight area less than 1,000 lateral feet and 400 vertical feet, the farthest an aircraft can get from an operator or observer is less than 1,100 feetwell within visual line ofsight. 

### 4. Advance coordination with the FAA Ars will coordinate with the FAA on everyplannedflight by submitting a written Plan of Activities to the Flight Standards District Office havingjurisdictionoverthe flight area at least 3 business days before any flight. The Plan ofActivities will contain (1) the dates and times of flights; (2) the name and phone number ofthe operator and the person(s) responsible for onscene operation ofthe UAS; (3) a statementthatthe operator or show sponsorhas obtained permission from property owners and/or local officials to conductthe show; (4) a description of the flight, including maps and diagrams ofthe airspace, geo-fence boundaries, and exclusion zone; and (5) a site-specific safetyplanto ensure separation ofthe aircraft from all nonparticipating personnel. Ars will also request, 48-72 hours before any flight, thatthe local air traffic organization issue a NOTAM advising other airspace users ofthe flight. 

### J. Privacy The aircraft carry no cameras orrecording equipment. The aircraft and flights pose no pnvacy concerns.

- 14-

### K. Regulations from which Exemption is Sought and Equivalent Level ofSafety This section addresses the specific rules for which Ars seeks an exemption and explains why the proposed flights will operate with an equivalent or greater level ofsafety. 1. 

### Part 21 (Airworthiness Certification) Absent an exemption, aperson cannot "operate a civil aircraft in air commerce without an airworthiness certificate in effect

...." 49 U.S.C § 44711(a)(1). Part 21, subpart H, prescribes the procedural requirements for issuing an airworthiness certificate. Section 333 directs the FAAto considerwhether airworthiness certification is required for certain unmanned aircraft systems that, due to their "size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line ofsight do notcreate a hazard to users ofthe national airspace system orthe public orpose a threat to national security." 2012 Act,§ 333(b)(l). The Hummingbird aircraft and flights addressed in this petition qualify for relieffrom certification requirements underthe factors Congress established. First, they are small, have low mass, and fly slow. They are less than 2 feet long and 2 feet wide, weigh less than 2 pounds with full payload, and fly slowerthan 6 knots in a light show. They are smaller, lighter, and slower than the aircraft for which the FAA has already granted exemptions. Astraeus Grant at 6 (<55 lbs, <50 knots); TrimbleNavigation Grant at 6 (<6lbs, <74.5 knots); Clayco Grant at 5 (<10 lbs, <43.4 knots); Woolpert Grant at 2-3 (<15 lbs, <58 knots); VDOS Grant at 4, 12 (<6.5 lbs, <87 knots). Second, the flight control system and geo-fence circumscribe the aircraft operational capability to a small airspace free ofpotential conflicts with manned aircraft and nonparticipatingpersons. Third, all aircraft will be operated within visual line ofsight ofthe operators and visual observers. Finally, the proximity factor favors an exemption in light ofthe measures to ensure separation from airtraffic and people onthe ground. Light shows by nature are more effective near an audience, which as a practical matter will be a populated area such as the Highway 101 corridor in the San Francisco Bay Area or the San Francisco waterfront. The precise locations will be addressed inthe applications for Certificates ofAuthorization or Waiver. The point ofthe proximity analysis is notwhetherpeople happen to be nearby, but whether the flight poses a hazard to them. Parsing outpopulation densities nearthe flight area makes sense in analyzing the concept of"congested areas" under section 91.119, for example, because an equipmentfailure at low altitude poses a danger to people onthe ground in the whole area where an aircraft may land. Butthis use case is different because ofthe exclusion zone that separates aircraft from people on the ground. That zoneprovides an over-sized safetybufferthat ensures any aircraft leavingthe geo-fence touches down well before it can reach nonparticipating persons. Nobody outsidethe exclusion zone, no matter howpopulatedthe surrounding area, faces the hazard ofbeing hitby an aircraft. Forthat reason, nobody is in "proximity" to the aircraft, even ifthe flight takes place nearpopulation centers or an airport.

- 15-As a result ofthe aircraftphysical characteristics, operation within visual line ofsight in a small defined airspace, and the measures to separate the aircraft from othertraffic andpersons on the ground, the flights do not create a hazardto users ofthe national airspace system orthe public, nor do they pose a threatto national security. The FAAtherefore should exemptthese aircraft, when used for the flights discussed herein, from airworthiness certification requirements. 

### 2. Parts 45 and 47 (Registration and Marking)

a. Registration The aircraftproposed for use inthe light shows are owned by Ars, which is a foreign corporation. Foreign ownership makes the aircraft ineligible for United States registration. 49 U.S.C. § 44102(a)(a); 14 CFR § 47.3(a). The aircraft are notregistered with any government. Registration is notpractical because the aircraft are used for shows in a variety ofcountries. They are shipped to the eventvenue before the event, flown, and then shipped back. The aircraft do nothave the physical space to display a registration number large enough to be seen from more than a few feet away. They already have identification numbers in the form ofserial numbers (ranging from 20000-29999), which allow tracking for maintenance and recordkeepingpurposes. And mostimportantly, these aircraft do notfly in airspaces where registration is necessary for communications, traffic control, or enforcementpurposes. They fly in formation in a small airspace with advance permission ofthe authorities. Registration does notmake sense in this use case. Aircraft operated in the United States generally mustbe registered. 49 U.S.C. § 44101(a). An exemption is permissible and appropriate. The FAA does not apply the registration requirements to all vehicles thattechnically meetthe definition of"aircraft" in Title 49. Model aircraft operated underthe authority ofAdvisory Circular 91-57 are considered "aircraft" but are generally notregistered. 

### See 49 U.S.C. § 40102(a)(6), 14 CFR § 1.1; 

### Huerta v. Pirker, Docket No. CP-217 at 5 (NTSB, Nov. 18, 2014) ("the definitions ontheir face do not exclude even a 'model aircraft' from the meaning of'aircraft"'). As with model aircraft, the Hummingbird aircraftused in light shows are a use case in which registration does notmake sense. Otherthanthe commercial nature ofthe operation, the flights discussed in this petition are similarto the model aircraft use case in thatthey operate below400 feet and in airspace thatprecludes conflicts with manned aircraft andpeople on the ground. In fact, the operation here is even safer giventhe enforcement ofan exclusionzone, something thatmodel aircraft operations typically lack. The FAA should treatthese aircraft similarly and exemptthem from the registration requirement. Moreover, this use case is essentially an exhibition for which marks are not required. 14 CFR § 45.22. 

### b. Marking There are marking requirements applicable to U.S.-registered rotorcraft, butthey do not apply to operating an unregistered rotorcraft such as the Hummingbird. These include 14 CFR §§ 45.21(a), 45.23(a), and45.27(a). Section45.23(b) does not apply because the aircraft are not certified in the limited, restricted, or light-sport category, nor are they experimental or

- 16-provisionally certificated aircraft. Because the marking requirements pertainto registered aircraft, exemption from the registration requirement logically means that no registration markings are required. Similarly, an exemption is notrequired from 14 CFR § 47.3(b) because these aircraft are notpresently eligible for U.S. registration by virtue offoreign ownership. 

### 3. Parts 61 and 67 (Pilot and Medical Certificates) The light show use case departs from the usual norm ofone or more pilots operating a single aircraft. Ars is aware ofthe FAA'spolicy that eachpilot in command "control[] only one unmanned aircraft (UA) at a time"-apolicy that makes sense in a majority ofuse cases. FAA Order 8900.1, vol. 16, ch. 4, § 1. But it does not make sense for a use case involving computercontrolled flight in a small airspace with a technological means such as geo-fencingto prevent egress. The measures taken to separate the airspace from other aircraft and people on the ground provide a level ofsafety beyond thatprovided by having apilotbehindthe controls ofeach aircraft. Given the safety provided by automated flight control and the small airspace, and the ability ofan operatorto command any or all aircraftto land ifnecessary, the FAA should depart from the one-PIC-per-aircraftmodel for this use case. Similarly, the requirements thatthe operator ofa civil aircraft ofthe United States have a pilot certificate, whether commercial orprivate, and a medical certificate do notmake sense in this use case. 14 CFR § 61.3. Light show flights do not involve traditional elements of aeronautical knowledge. The flight control system, notthe operator, controls the aircraft. To take manual control, the operatoruses a mouse or computer command, not a control stick orwheel. The knowledge and expertise to safely fly a light show is specific to operating light shows, not flying conventional rotorcraft, navigating congested airspace, analyzing weather systems, communicating with ATC, and other skills relevantto manned flight orto flying unmanned aircraft in operations similarto manned flight. The operators' experience in these light shows coupled withthe airspace limitations provide an equivalent level ofsafety as having a pilot certificate. The FAA has recognized that certain operations "without apilot certificate may be allowed." FAA Order 8900.1, vol. 16, ch. 4, 

### § 1. This use case is one such operation, giventhe controls to assure separation from other aircraft and people onthe ground. The FAA should exemptArs from requirements that operators have any pilot or medical certificate, including 14 CFR §§ 61.3 and 61.23. In two recent grants ofexemption, the FAA denied petitioners' requests to exempt unmanned aircraft operators from requirements to have apilot and medical certificate. Trimble Navigation Grant at 14-15; Clayco Grant at 11-12. The FAA cited a lack ofauthority to "exempt from the statutory requirementto hold an airman certificate." Trimble Navigation Grant at 14. It wrote that Section 333 "provides limited statutory flexibility relative to" section 44704 for airworthiness certification but "does notprovide flexibility relative to other sections ofTitle 49," such as section 44711. 

### !d. The FAA nevertheless exemptedthe petitioners from the requirement ofa commercial certificate, and allowed operation with aprivate pilot certificate andthird-class medical certificate notwithstanding the commercial nature ofthe operation. 

### !d. at 15.

- 17-Ars urges the FAAto reevaluate its position on the scope ofSection 333 's authority. The statute provides broad authority to allow UAS operations to accomplish Congress' mandate to integrate UAS into the national airspace system; nothing limits this authority to airworthiness certification. The structure and language ofthe statute indicate that Congress empoweredthe FAAto authorize UAS operations based on a set ofsafety factors, unbridled by rules such as airworthiness certification, registration, and airman's certificates that might otherwise bar such operations. Specifically, Section 333 requires the Secretary ofTransportationto determine "whichtypes ofunmanned aircraft systems" do not create a hazardto otherusers ofthe airspace system orthreaten national security by virtue oftheir "size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line ofsight." 2012 Act, § 333(b)(1). For UAS thatmeetthese criteria, the Secretary must determine whether to require a certificate ofwaiver, certificate ofauthorization, or airworthiness certification. 2012 Act, 

### § 333(b)(2). The reference to airworthiness certification in Section 333(b)(2) presumably forms the basis ofthe FAA's interpretation. But Congress did not limit the Secretary's authority to airworthiness certification. Rather, Congress identified airworthiness certification as something the Secretary may require for UAS that otherwise meetthe six criteria in subsection (b)(1). The Secretary has already found that airworthiness certification is notrequired for certain UAS to operate safely. That is all that is required to permitthem to operate. The Secretary can impose other "requirements for the safe operation ofsuch aircraft systems" under subsection 333(c), and for certain use cases a requirement ofa pilot certificate makes sense. Butnowhere did Congress say that Section 333 is intendedto provide reliefonly from airworthiness certification requirements. Ifthe FAA is unable orunwillingto reconsider its interpretation ofSection 333's scope, Ars proposes to satisfy a requirement ofan airman certificate by conducting each light show flight under the operational control ofa person holding at least aprivate pilotcertificate and third-class medical certificate. The FAA has allowed other commercial UAS operations withthis level ofairman certification. 

### See Trimble Navigation Grant at 15; Clayco Grant at 12-13; Astraeus Grant at 15-18. Because the Hummingbird aircraft operate under the direction ofthe flight control system and fly betweenpreselected GPS waypoints for a show, there is no pilot skill involved in operatingthem. Forthatreason, the individual operators supervising groups of aircraft on the flight control system laptop interface will nothave this certification. They will, rather, operate underthe control ofthe pilot. Ifthe pilotperceives an airspace conflict or other problem, thepilotcan commandthe operators to land the aircraft immediately. The FAA has statedthatone reason it requires a pilotcertificate is "pilots holding a private pilot certificate are subjectto the security screening by the DepartmentofHomeland Securitythat certificated airmen undergo." Trimble Navigation Grant at 15. Ars proposes to accommodate this security concern by allowing the Department ofHomeland Security, the FAA, or any other concerned agency to perform a security review ofthe flight team. In addition, representatives ofthese agencies or any other federal lawenforcement agencies are welcome to attend any light show.

- 18

-

### 4. Part 91 (General Operating and Flight Rules) The general operating rules include several requirements that are notpractical for unmanned flight in general orthatArs would not be able to comply with in conductingthe flights proposed in this petition. Section 91.7 requires that an aircraftbe in airworthy condition and states thatthe pilot in command is responsible for determining this status. 14 CFR § 91.7. Ars does not intend to operate any aircraft in an unsafe condition, butbelieves an exemption may be required to permit the operators, who do nothave pilot certificates, to make the required determination. The operators should bepermitted to make this determination because they are familiar withthese relatively simple 1.5-pound aircraft andthe manufacturer's preflight inspection and test protocols. The operators will ensure aircraft are in airworthy condition before flight by following the manufacturer's preflight inspection and testprotocols. Section 91.9(b) prohibits operating a U.S.-registered civil aircraftunless the flight manual or other "approvedmanual material, markings, and placards" are "available in the aircraft." 14 CFR § 91.9(b). Ars does notbelieve an exemption is required because the aircraft are notU.S. registered and because ofthe FAA's recent interpretationthat "the intent ofthese regulations is met ifthe pilot ofthe unmanned aircraft has access to these documents atthe control station from which he or she is operatingthe aircraft." FAA Interpretive Memorandum,

### Interpretation regardingwhether certain requireddocuments may be keptatan unmannedaircraft's control station (August 8, 2014), at 1. Regardless ofthe registration issue, Ars will ensure that each operatorhas all ofthe manuals described in section F.6 available atthe ground control station during each flight. Section 91.9(c) requires that U.S.-registered civil aircraft be marked in accordance with part 45. Ars believes this requirement does notapply because these aircraft are not eligible for U.S. registration. In any event, the FAA should exemptArs from this requirementregardless of registration for the reasons stated in section K.2 above. Section 91.103 requires thatthe pilot in command, before the flight, become familiar with all available information concerningthat flight. Ars does not intendto operate the aircraft withoutthe operators familiarizing themselves with all information concerning the flight, including weather, conditions imposed bythe FAA on operation, manned aircraft flight inthe vicinity, the condition ofthe aircraft, andthe site-specific safetyplan. Butan exemption may be necessary because the operators do nothave pilot certificates andtherefore may nottechnically qualify as "pilotin command." The operators are experienced flying these unmanned aircraft in several light shows. An exemption is warranted for the same reason cited in relation to pilot certification. Section 91.111 prohibits operating an aircraft "so close to another aircraft as to create a collision hazard," and requires that any formation flight be prearranged withthe pilot in command ofeach aircraft in the formation. 14 CFR § 91.111(a), (b). Duringthe light show, the aircraft will fly in formation as close as 6 meters apart. Formation flight in close quarters is necessary to display the light show features while using a relatively small airspace that canbe easily segregated from both manned flight and persons onthe ground. The flight control software

- 19-and the accuracy ofmodern GPS permitthe aircraftto fly seamlessly in formation without interfering with each other. Moreover, the flight team runs computer simulations using the programmed aircraftpositions to verify adequate separationbetween aircraft. As a result, the aircraft can and do safely fly in formation very close together. Section 91.113 requires "eachperson operating an aircraft" to maintain "vigilance" to "see and avoid other aircraft." 14 CPR § 91.113(b). As the FAA has noted, unmanned aircraft "inherently cannot comply" withthis requirementbecause of"the absence ofan on board pilot." FAA Order 8900.1, vol. 16, ch. 1, § 3. An exemption is warranted because the proposed flights will take place withinthe visual line ofsite ofthe operators and observers, and more importantly within a small airspace bounded by a geo-fence that separatesthe aircraft from othertraffic and persons on the ground. Given the small size ofthe airspace and operation within visual line of sight, the operators will have the same visual see-and-avoid ability on the ground as they would in aircraft. Section 91.119 prohibits flying below 500 or 1,000 feet except when necessary for takeoffor landing, depending on surface congestion below, and prohibits operatingwithin 500 feet ofaperson, vessel, vehicle, or structure. 14 CPR 

### § 91.119(b)-(c). An exemption is necessary because all flights will be conducted below400 feet above ground level, withthe lowest aircraft having a minimum altitude ofapproximately 45 feet agl during the light show. The FAAhas recognized, in designating 400 feet as the ceiling for model aircraft operations, that unmanned aircraft can safely operate belowthis level. Advisory Circular 91-57. The low altitude contributes to safety by ensuring separation from manned flight, which generally mustremain well above this threshold. Moreover, the exclusion zoneprovides greater safety to people on the ground than a minimum altitude. A minimum altitude simply puts time betweenthe aircraft and people below; the exclusion zone provides distance that an aircraft cannot overcome even ifit loses power. Because ofthe small airspace and slow aircraft speed, the exclusion zone will likely result in less than 500 feet ofseparation between nonparticipatingpersons andthe aircraft. An exemption from section 91.119(c) is therefore necessary. Thatregulation's 500-footrequirement has no relationship to aircraft mass, speed, or operating conditions-the variables that determine how much separation is safe. The exclusion zone, by contrast, accounts for these variables, and is actually conservative in assuming a maximum groundspeed more than 3 times the limit ofthese aircraft. Ita safety zone calculated to ensure safe separation under the specific conditions oflight show flights. The exclusion zone provides higher safetythan a separation distance unmoored from the specific conditions offlight. As such, the aircraft should be permitted to operate less than 500 feet from nonparticipants, provided the aircraft stay withinthe flight area and nonparticipants stay outside the exclusion zone (except, as discussed above, people inside buildings). As for participants, the operators and observers will be inside the exclusion zone. The aircraft will fly within 500 feet ofthem butnot so close as to present an undue hazard to them under § 91.119(a). Some flight locations may have commercial or industrial structures within the flight area or exclusion zone. Aircraft will necessarily fly within 500 feet ofthem, and may fly within 500 feet ofstructuresjustoutside the exclusion zone boundary. Due to low mass and slow speed, the



### -20-aircraftpose no threatto structures. Regardless, aircraft during a light show will stay at least 25 horizontal meters and 15 vertical meters from structures, except for any structure used as an elevated launch platform. Ars will respectthe rights ofproperty owners by obtainingthe express permission ofthe owners ofall real property within the flight and exclusion zones. Ars will barvehicles and vessels from entering the flight and exclusion zones during the flight. Vehicles and vessels outside the exclusion zone butwithin 500 feet ofaircraft face no risk because the aircraft, due to the geo-fence and automatic engine shutdown feature, cannot travel that far from the flight area. Sections 91.126, 91.127, 91.129, and 91.130 require certain communication and coordinationwith ATC, depending on the classification ofairspace used. Locations under consideration for light show flights fall within class C, D, E, or G airspace. Ars does notpropose to operate in class A orB airspace. An exemption from these regulations is warranted because the aircraft will operate in a small airspace, well below mannedtraffic, with advance coordinationwith the P AA and local airtraffic control. Ars will provide advance notice to ATC at least 3 days in advance and will request a NOT AMto advise all traffic ofthe light show. The traffic coordination function ordinarily providedthroughATC communication is notnecessary given the limited airspace used for the flights and the advance coordination with the P AA. Section 91.151(a) prescribes minimum fuel requirements for VPRoperations to ensure an adequate fuel reserve on reaching the intended destination, between 20 and 45 minutes depending on whetherthe aircraft is fixed orrotary wing andthe operation is day or night. Regardless whichtime period applies, the Hummingbird aircraft couldnotpractically comply withthis regulation because their maximum flight duration is 10 minutes with the LED modules. The aircrafttake offand land at one location and stay within a few hundred feet ofit for the entire show. The operators continuously monitorthe battery state ofeach aircraft and can manually land any aircraftthat has a battery problem. Ars limits light shows to 8 minutes to provide a 20%powerreserve margin, which is more than enough to safely land. As withthe aircraft for which Clayco received Section 333 approval, in "the eventthatthe UAS should run out ofpower, itwould simply land withinthe access controlled operating area. Given its weight and construction material, the risks are less than contemplatedby the currentregulation." Clayco Grant at 15. Section 91.203 requires a civil aircraft to carry within it "an appropriate and current airworthiness certificate," which must listthe registration number assigned to that aircraft. 14 CPR§ 91.203(a)(1). Italso requires the aircraftto carry an "effective U.S. registration certificate issuedto its owner" or one issued by a foreign country. 14 CPR§ 91.203(a)(2). Ars addressed exemption from the certification and registration requirements in sections K.1 and K.2 above, so this discussion will address exemption from the requirementto carry documentation on boardthe aircraft. The P AAhas recently interpretedthe "carry" requirements as satisfied by "maintaining these documents atthepilot's control station." 

### P AA Interpretive Memorandum, 

### Interpretation regardingwhether certain requireddocuments may be kept atan unmannedaircraft's control station (August 8, 2014), at 2. Ars will maintain all required documentation atthe ground control station where it canbe readily accessed by any operator or P AA inspector. As a result, exemption from section 91.203 is notnecessary. 

### See Astraeus Grant at 19-20 ("Based onthe P

AA Memorandum subject 'Interpretationregarding whether certain required documents may be

- 21

-kept atan unmanned aircraft's control station, dated August 8, 2014, the requested relieffrom 14 CPR§§ 91.9(b)(2) and 91.203(a) and (b) is not necessary."). Section 91.215 requires aircraft operating in certain airspace to have ATC transponder and altitude reporting equipment. The requirement applies to all airspace from the surface to 10,000 feet within 30 miles ofcertain airports, including San Francisco International Airport. 14 CPR§ 91.215(b)(2) & App. D, § 1. The sites Ars currently contemplates lie within SFO's 30- mile mode C veil. An exemption is necessary because these aircraft do not have a transponder or altitude reporting equipment-otherthan for reporting altitude to the ground control station. The Hummingbird aircraft are designedto fly in limited airspace within a few hundred feet of, and underthe control of, a ground control station. They will not share airspace with manned flights or othertraffic. Moreover, Ars will keep local ATC advised ofthe time and location ofany flight, as well as request a NOT AM. These measures provide the safety assurance otherwise provided by section 91.215. Subpart

### E ofPart 91 contains regulations on maintenance responsibilities and documentation that apply to the "maintenance, preventive maintenance, and alterations ofU.S.- registered civil aircraft." 14 CPR§ 91.401(a). These regulations arguably do notapply because the aircraftproposed for these flights are not registered in the United States or elsewhere. To the extentthe FAA interprets the regulations in this subpartto apply, an exemption is necessary. Specifically, the regulations in this subpartrequire:

• Maintenance may only be performed as prescribed in Part 91, subpartE, and Part43. 14 CPR§ 91.403(b). Part 43 requires thatpersons who maintain, rebuild, alter, orperformpreventive maintenance on any U.S.-registered aircrafthave the specified certificate, and thatthey make certain maintenance record entries. 14 CPR§§ 43.l(a), 43.7, 43.9, 43.11. Italso specifies who mayreturn an aircraftto service and whatpaperwork is required. 14 CPR§§ 43.5, 43.7.

• The owner or operatormusthave the aircraft inspected and ensure that maintenance personnel make appropriate entries in the maintenance records indicatingthe aircrafthas been approved for return to service. 14 CPR § 91.405(a), (b).

• An aircraftthathas undergone maintenance orpreventive maintenance cannotbe operateduntil it has been approved for return to service by a person authorized under section 43.7 and required entries have beenmade in the maintenance records. 14 CPR§ 91.407(a).

• Aircraftthat do not carry passengers for hire mustundergo annual inspections. 14 CPR§ 91.409(a).

• The owner or operatormustkeep certain maintenance records. 14 CPR § 91.417. The FAA should grant an exemption from these maintenance requirements because Ars employs a maintenance and quality assurance program that meets or exceeds applicable

-22-regulatory standards for U.S.-registered aircraft and ensures that aircraft are in a condition for safe flight before takeoff. Specifically, Ars complies withthe manufacturer's pre-flight inspection and test checklistbefore each flight. Ars documents maintenance in a master database thattracks each aircraftby serial number. Further, the type ofmaintenance that can beperformed in the field is very simple, such as replacing a rotor, and lies well withinthe skill set ofan average model-aircraft enthusiast. The type ofmaintenance skill afforded by a mechanic or airman certificate simply does not apply to a 1.5-pound aircraft, particularly where maintaining an item generally means replacing ratherthan repairing it. 

### L. Granting the Exemption is in the Public Interest Unmanned aircraft are a revolution in aviation, withthe same type oftransformative potential as the introduction ofthejetengine. Unmanned aircraft open up uses thatwere never possible with manned aircraft. Flying a few hundred aircraft in a small airspace isjustone of them. The possibilities are spurring innovation in many areas, including newtypes offlight control technology. This one use case showcases the advances in this area. A few people, using technology, can fly many aircraft in complicated aerial formations. Synching the aircraft movementto a light display turns the sky into a public stage. Although Section 333 does notrequire a showing ofpublic interest, grantingthe exemptions requested in this petition is in the public interestfor a number ofreasons. First, the proposed flights demonstrate the transformative potential oftechnology in a sectorwithrapidly increasing importance for the national economy. They show, for example, howtechnology and automation enable numerous aircraft to fly in small spaces nearpopulated areas. Such demonstrations help promote public acceptance ofunmanned aircraft, especially in novel use cases that were notpossible with manned aircraft. Public acceptance is a social good because it will lead to quicker implementation ofsocially beneficial unmanned aircraft flights. Examples include formations ofunmanned aircraft covering a large area for search and rescue orpostdisaster surveys; providingprecision croppollination and monitoring; or serving as a distributed communications network in an emergency. Second, light shows are a safe and environmentally-friendly alternative to fireworks displays. Theyprovide in-sky animations that can be custom-designed, andtypically use less airspace than large public fireworks shows. Fireworks shows involve risk ofserious injury to the sponsors and audience members. For example, an explosion at a Simi Valley July Fourth fireworks show in 2013 injured almost 30 people. Shows using unmanned aircraft involve no combustible materials and employ an over-sized safety buffer zone to separate aircraft from people on the ground. Fireworks also involve a large environmental footprint, whereas the Hummingbird aircraftuse only electrical power. The FAA has cited improved safety and reduced environmental burden as public interests in recent grants ofexemption. Trimble Navigation Grant at 20; Clayco Grant at 16. Finally, unmanned aircraft light shows provide a free entertainment show to the public, paid for by the show sponsor, which audiences can enjoy for miles away. The fact that local governments and corporate sponsors often spend millions ofdollars onpublic light shows for events such as July Fourth attestto this public benefit.

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### M. National Security Considerations The Hummingbird unmanned aircraft do not implicate any national security considerations due to their low mass, payload, and speed. Ars or Intel will notify state and local law enforcement authorities about eachplanned flight at least 24 hours before conducting it, and will notify the local FSDO and air traffic organization at least 3 days before flight. N. 

### Proposed Conditions and Limitations on the Exemption Ars proposes the following conditions and limitations on flights: 1. Operations are limited to Hummingbird aircraft manufactured by AscTec. 2. Each aircraft will weigh less than 2 pounds, including energy sources and payload. 3. No aircraft can exceed a groundspeed of6 knots during flight. 4. Flights must be operated at an altitude below 400 feet AGL. All altitudes reported to ATC mustbe in feet AGL. 5. All aircraftwill operate within visual line ofsight ofthe operators and at least two observers at all times. The operators and observers mustuse human vision unaided by any device otherthan corrective lenses prescribed by a medical or eye-care professional. 6. The observers and operators mustbe able to communicate verbally at all times, either orally orwith a communications device. 7. Priorto each flight the operators must inspect and test each aircraft perthe manufacturer's documentation to ensure that it is in a condition for safe flight. If any aircraft is not in a condition for safe flight, it cannotbe flown until the necessary maintenance has beenperformed and it is in a condition for safe flight. The preflight inspection must include verification thatthe ground control station is set up and operatingproperly, and thatthe communications link is functioning correctly. 8. The aircraft may not be operated directly over any person, except authorized and consentingpersonnel associated with the operator or the show sponsor. 9. The UAS may only be operated within a cylindrical airspace measuring no more than 1,000 feet diameter and 400 feet above ground level. The operator mustuse GPS geo-fencing to ensure that aircraft do not leave the flight area. 10. The operator must implement and enforce an exclusion zone on the groundto ensure that non-participating personnel cannot approach the flight area. The

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### exclusion zone must be large enough to ensure that any aircraftthat exits the geofence will reach the ground before reaching the boundary ofthe exclusion zone. 11. Ifthe UAS loses the GPS signal or communication with the ground station, it must automatically return to a predetermined location or land within the airspace approved for flight. 12. The operator must obtain an Air Traffic Organization-issued Certificate of Authorization or Waiver before conducting any operations under this grant of exemption. This COA will also require the operator to request aNOT AM at least 48 hours before the operation. 13. Atleastthree days before any flight under the grant ofexemption, the operator will submit a written Plan ofActivities to the local FSDO withjurisdiction over the area ofthe proposed flight. The Plan ofActivities must include the following:

a. Dates and times offlights; b. Name and phone number ofthe operator and the person(s) responsible for on-scene operation ofthe UAS;

c. A statementthat the operator or show sponsor has obtainedpermission from property owners and/or local officials to conductthe show, and if requested a list ofthe property owners and local officials from whom permission was obtained; d. A description ofthe flight, including maps and diagrams ofthe airspace, geo-fence boundaries, and exclusion zone; and

e. A site-specific safety plan to ensure separation ofthe aircraft from all nonparticipatingpersonnel. 14. The UAS mustremain clear of, and yield right ofway to, all other aircraft. 15. All flights mustbe conducted in VMC. Regardless ofclassification ofairspace used, the aircraft 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. 16. The operators must maintain all manuals relating to the aircraft at the ground station during each flight. 0. Summary for Publication in the Federal Register 

### Ars ElectronicaLinz GmbH, in cooperation with Intel Corporation, filed a petition for exemption and request for approval to operate unmanned aircraft under Section 333 ofthe FAA Modernization and Reform Act of2012. Ars requests permission to operate multiple unmanned aircraft in a cylindrical airspace measuring less than 1,000 feet diameter and less than 400 feet above ground level for light shows. Ars seeks exemption from the requirements ofairworthiness

-25-certification under Part 21, registration and marking requirements under parts 45 and 47, pilot and medical certificates under parts 61 and 67, and operating and maintenance requirements underpart 91

. P. Conclusion Thecurrent rules governing airworthiness certification, airspace use, airmans' cettificates, registration, and the like make sense wiLh manned aircraft. They also make sense with unmanned aircraft that function like manned aircraft, orthat travel the same airspace as manned aircraft. But innovations in unmanned aircraft technology have opened up use cases that these regulations simply did not contemplate. Someofthese use cases employ controls that provide a higher level ofsafety than any regulations could. The flights proposed here are a good example. They consist ofshort flights, with tiny aircraft, in a small airspace separated from other aircraft and persons on the ground. They satisfy every safety factor that Congress identified in section 333. As such,the FAA should grant the requested exemptions and authorize Ars to conductthe flights described in this petition. Dated: December 19,2014 Submitted By:

-26-Appendix A: Proprietary Supporting Documentation

Ars Ground Control QuickStart Guide 2 AscTec preflight checklist, entitledIndoor andoutdoor testprotocol

- 27-Astraeus Grant

Trimble Navigation Grant Clayco Grant

Woolpert Grant

VDOS Grant Appendix B: Full Citations

In reAstraeusAerial, ExemptionNo. 11062, Regulatory DocketNo. FAA-2014-0352 (September 25, 2014) In re Trimble Navigation Ltd, ExemptionNo. 11110, Regulatory DocketNo. FAA-2014- 0367 (December 10, 2014) In re Clayco, Inc., Exemption No. 11109, Regulatory Docket No. FAA-2014-0507 (December 10, 2014) In re Woolpert, Inc., Exemption No. 11114, Regulatory Docket No. FAA-2014-0398 (December 10, 2014) In re VDOS Global, LLC, ExemptionNo. 11112, Regulatory DocketNo. FAA-2014-0382 (December 10, 2014)



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