PeRKINSCOie 

Brendan Murphy 

BM urphy@perkinscoie. com 

D. (206) 359-6179 

F. (206) 359-7179 

VIA FEDERAL EXPRESS 

Docket Management Facility 

US Department of Transportation 

1200 New Jersey 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 

Enclosed please find Ars Electronica Linz GmbH's Petition for 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 cooperation with Intel Corporation. 

Also enclosed is Ars Electronica's CONFIDENTIAL Proprietary Material Supplement 

which was not filed using the Federal Docket Management System. We ask that 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 

Federal Aviation 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 

By Electronic Submission to: 

www .regulations. gov 

By Paper Submission to: 

U.S. Department of Transportation 

Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Filed By: 

Brendan Murphy 

Perkins Coie LLP 

1201 Third Ave., Suite 4900 

Seattle, W A 981 01 

206.359.6179 

bmurphy@perkinscoie.com 

Counsel for Intel Corporation 
TABLE OF CONTENTS 

Page 

A. INTRODUCTION ............................................................................................................. 1 

B. LEGAL AUTHORITY FOR THE 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. Battery power 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 of persons on the ground ........................................................................... 13 

I. CONDITIONS OF FLIGHT ............................................................................................ 14 

1. Day light hours ...................................................................................................... 14 

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

3. Visual line of sight ............................................................................................... 14 

4. Advance coordination with the FAA ................................................................... 14 

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

K. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT AND 

EQUIVALENT LEVEL OF SAFETY ............................................................................ 15 

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

2. Parts 45 and 4 7 (Registration and Marking) ........................................................ 16 

a. Registration .............................................................................................. 16 

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TABLE OF CONTENTS 

(continued) 

Page 

b. Marking .................................................................................................... 16 

3. Parts 61 and 67 (Pilot and Medical Certificates) ................................................. 17 

4. Part 91 (General Operating and Flight Rules) ..................................................... 19 

L. GRANTING THE EXEMPTION IS IN THE PUBLIC INTEREST .............................. 23 

M. NATIONAL SECURITY CONSIDERATIONS ............................................................. 24 

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

0. SUMMARY FOR PUBLICATION IN THE FEDERAL REGISTER ........................... 25 

P. CONCLUSION ................................................................................................................ 26 

- ii -
A. Introduction 

Ars Electronica Linz 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 of the FAA Modernization and 

Reform Act of2012, 49 U.S.C. § 44701(f), and 14 CPR Part 11. To summarize briefly, Ars is an 

Austrian company that specializes in light shows with unmanned aircraft flying in various 

formations. It has successfully conducted several shows in Europe, the Middle East, and 

Australia. In cooperation with Intel Corporation, Ars wishes to bring the same audience 

experience to the United States and to demonstrate the capabilities and benefits of the 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 celebrating public events and holidays. American audiences 

cannot currently enjoy them because of the 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 of manned flight, make 

operating a light show with 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 of use case that Congress wanted to permit through Section 333, in that the aircraft 

characteristics and the particularities of the proposed flights result in an equivalent or higher 

level of safety than the regulations otherwise would provide. 

Several features of the aircraft and flights assure the safety of other users of the national 

airspace system and persons and property on the ground. 

1. Each unmanned 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 other traffic. 

4. All flights are within visual line of sight of the operators and observers. Given the 

small size of the airspace, all aircraft will fly within about 1,100 feet of the 

operators and observers. 

5. The aircraft are controlled by a flight control system that 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 that the aircraft following these waypoints will maintain 

appropriate separation from each other, fly within airspeed limits, and stay within 

the predefined airspace. 

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6. A two-boundary GPS geo-fence ensures that all aircraft stay within the 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 of public interest in Section 333, so a 

showing of public interest arguably is not required to obtain operating authority under that 

section. Even so, granting the requested exemptions advances the public interest in at least three 

respects. First, unmanned formation flight demonstrates the ability of numerous unmanned 

aircraft to fly in small spaces near populated areas using sophisticated flight control technology 

and helps promote public acceptance of unmanned aircraft systems, especially in novel use cases 

that were not possible 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 by the show sponsor. Section L below elaborates on these points. 

This petition addresses the rules that require exemption. Ars will, per FAA requirements, 

file a separate application for a Certificate of Authorization or Waiver that details the precise 

location and airspace proposed for any given flight. 

B. Legal Authority for the Requested Exemptions 

Congress, in the 2012 Act, mandated the FAA to integrate unmanned aircraft systems 

(UAS) into the national airspace system. It directed the FAA to "develop a comprehensive plan 

to safely accelerate the integration of civil unmanned aircraft systems into the national airspace 

system," and to draft rules to accomplish this integration. 2012 Act,§ 332(a), (b). In particular, 

Congress directed the FAA to develop regulations that "allow for civil operation" ofUAS 

weighing less than 55 pounds. !d. at§ 332(b)(l). Congress further mandated that the FAA permit 

certain small UAS to operate even before final UAS regulations are implemented. !d. § 333. 

Under Section 333, the Secretary of Transportation "shall determine if certain unmanned 

aircraft systems may operate safely" before the regulations are complete-that is, if they "do not 

create a hazard to users of the national airspace system or the public or pose a threat to 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) operation within visual line of sight. Id. If a small UAS 

can operate safely, the Secretary must establish the requirements to facilitate that operation. 

2012 Act,§ 333(c). Notably, Section 333 does not require any demonstration that 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 notwithstanding that the rules developed in the 

era of manned flight would otherwise bar those operations. Separately, the FAA has longstanding authority to grant exemptions from any regulation prescribed under sections 44701-

44716 of Title 49 upon finding the exemption is "in the public interest." 49 U.S.C. § 44701(f). 

Congress has long identified "encouraging and developing civil aeronautics" as a matter "in the 

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public interest" that the Administrator must consider in carrying out the 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 not just a 

matter of public interest, but an imperative. 

C. Identity of the 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 of contact for questions regarding this petition is Brendan Murphy, who 

is outside counsel for Intel Corporation. His contact information is: 

Brendan Murphy 

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 with up to 200 unmanned 

aircraft. The shows last approximately 5-8 minutes each, and will be conducted near or after 

sunset but before the end of civil twilight. They will 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 of this is a light show Ars performed 

near the Tower Bridge in London in which 30 unmanned aircraft flew in the formation of the 

Star Trek logo. The automated flight control technology permits 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 of animation and desired audience experience. Ars determines the number of 

aircraft and volume of airspace 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 aircraft to fly in a tight formation. Once Ars and 

the sponsor identify feasible locations, Ars inputs the position and altitude waypoints for each 

aircraft to 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 the time sequence. 

Each aircraft weighs less than two 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 

petition will 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-fence prevents aircraft from 

exiting the airspace. The 400-foot altitude cap, the small size of the 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 nonparticipating persons. 

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 exclusion zone 

large enough to protect people on the ground. Because the flight control system is automated and 

the aircraft fly the time sequence with no control inputs from a pilot, a few operators can safely 

manage a show involving 200 aircraft. 

E. Ars and its Experience Safely Operating Light Shows 

Ars is an Austrian corporation that began operations in 1979 and focuses on digital art 

and media. One of its main operations involves fusing artistry with research and development 

and industrial applications in its FutureLab. The FutureLab is a media art laboratory that mixes 

artistic and technological innovation. The staff includes experts from a wide variety of fields, 

including physics, electrical engineering, computer science, and 3D/graphical design. The 

FutureLab's activities include conception and realization of exhibition projects and artistic 

installations as well as joint ventures with partners in academia and the private sector. Unmanned 

aircraft light shows are one such project, which premiered in 2012. 

Ars has conducted 10 nighttime light shows that are similar in concept to the flights 

proposed in this petition. Those shows involved the same type of aircraft and safety measures 

discussed in this petition, and took place with no incidents or hazards to other aircraft or persons 

on the ground. They are listed in the table below, with links to photographs and video footage of 

the show where available. 

Klangwolke 

This show involved four flights of 49 

UA flying in various formations. 

Linz, Austria September 2012 

- 4 -

Video available at 

http://www.aec.at/spaxels/shows/linz-klangwolke2012/ . 
2 Star Trek Into 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 of the Star Trek logo near the darkness/ 

Tower Bridge in London. 

3 International Bergen Festival 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 Ljubljana Festival 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 QUT Robotronica 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/ sharj ah-clusterstwo-week festival. of-light/ 

9 German Day of Unity 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,lichtshow 1 04 .html 

10 43rd National Day 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 of these shows took place in jurisdictions that required permission 

from the national aviation authorities. Of those that did-Germany, Sweden, Australia, and 

Dubai-the regulators authorized the shows. 

- 5 -
The above table lists the public performance light shows, which represent only a fraction 

of Ars' 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 of unmanned aircraft flying in various formations. Not one flight has 

presented a hazard to other traffic or persons 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 company that 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 quadcopter that weighs less than two pounds 

fully loaded. For light shows, each aircraft carries an LED module that weighs 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 not relevant because the aircraft can only achieve it when operated 

individually by remote control, which is a different means of operation than proposed here. 

During a light show, aircraft operate in GPS mode, which limits groundspeed to 8 m/s, or 15.55 

knots. Even this figure is not the relevant one because Ars further limits the maximum 

groundspeed of all aircraft during a light show to 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 of sight. 

1. Hummingbird technical specifications 

The below table lists the AscTec Hummingbird technical specifications: 

Aircraft type Quadcopter ( 4 rotors) 

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 of 80 watts each 

Maximum thrust of20N 

Rotor type Fixed pitch, variable RPM 

Rotor diameter 8 in 

Rotor weight ;:::; 8 g (;:::; .28 ounces) 

Maximum rotor RPM 8,000 

Battery type Lithium ion polymer 

3 PP21 00 cells 

Empty weight ;:::; 350 g (;:::; .77 lb) 

Minimum takeoff weight ;:::; 510 g (;:::; 1.12 lb) 

Maximum takeoffweight ;:::; 710 g (;:::; 1.57lb) 

- 6 -
Maximum payload ;:::; 200 g (;:::; .44 lb) 

Flight time (no payload) 20 minutes 

With LED module payload 10 minutes (at moderate speeds) 

Range 1 km (.62 miles) 

Max wind speed for flight 10 m/s (19.44 knots) 

(without payload) 

Maximum speed 15 m/s (29.16 knots) airspeed in manual mode 

In GPS mode, speed is limited to 8 m/s (15.55 

knots) groundspeed. Groundspeed during a light 

show is further limited to 3 m/s (5.83 knots). 

Maximum rate of climb 5 mls (984 ft/min) 

The manufacturer has published the Hummingbird's safety data sheet online at 

http://www .asctec.de/ downloads/public/ Asc Tee-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 of the 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 small pitch or roll attitude and moves along a horizontal plane. 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 at the same time, enabling the 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, but they have minimal input in the aircraft's position 

determination. Each aircraft uses a barometric altimeter to measure altitude. They report altitude 

with reference to above ground level because the ground control station is considered "zero" 

altitude, regardless of height above sea level. 

Ars is aware of the FAA policy that "UAS that are designed to be completely 

autonomous, with no capability of pilot intervention, are not authorized in the national airspace 

system." Interim Operational Approval Guidance 08-01 ~ 8.2.9 (March 13, 2008). The flights 

described in this petition do not involve such autonomous flight. The operator can manually 

control any aircraft at any time. 

The details of the flight control system are proprietary and are described in the 

proprietary supplement. 

3. Communications link 

The ground control station communicates with each aircraft via a 2.4 GHz link, the 

details of which are described in the proprietary material supplement. It is an off-the-shelf FCCcompliant communications solution that does not require any additional FCC approvals for use 

on unmanned aircraft in the United States. 

The ground control station uses this communications link to upload position commands 

to each aircraft. The aircraft use it to download their current state in real time, including GPS 

position, altitude, battery level, and engine status. 

The communications link has a range of approximately 600 meters (1,968 ft.). The 

ground control station is generally positioned near the boundary of the flight area or geo-fence 

and is always within range of all aircraft during the show. Ars does not propose to use a mobile 

ground control station. 

4. Lost link protection 

The aircraft have lost link protection to ensure safe and automatic recovery within the 

flight area if the communications link or GPS signal is disrupted. 

If an aircraft loses communications with the ground station, it holds its current position 

and altitude for 10 seconds and attempts to regain the signal. If it cannot do so, the aircraft 

follows the "emergency home" 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 at the time of signal loss if that altitude is higher than 

the minimum, and then lands. 

- 8 -
If an aircraft loses the GPS signal, it levels itself and descends at a controlled rate of 8 

meters per second (1575 ft./min). When the GPS signal is restored the aircraft switches back to 

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 secured to each aircraft to preclude accidental payload 

loss in flight. 

6. Manuals 

The aircraft manufacturer publishes 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, preflight procedures, emergency procedures, 

weather and operating limitations, troubleshooting, and safety. 

The aircraft manufacturer also publishes a safety data sheet online at 

http://www .asctec.de/ downloads/public/ Asc Tee-Hummingbird Safetydatasheet.pdf. The safety 

data sheet contains technical information as well as a description of emergency 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 of the inspection are proprietary and are described in the proprietary 

material supplement. 

The aircraft manufacturer has a checklist that Ars 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 power the 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 if its 

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 battery power, which is within the 

margin the FAA has permitted in prior grants of exemption. See, e.g., Clay co Grant at 15.1 

1 Prior Grants of Exemption are cited in shorthand by the operator's name. Full citations are listed in Appendix B. 

- 9-
To maximize the audience experience, Ars may run a few shows back to back. Between 

shows, Ars exchanges the batteries so that each aircraft begins a flight with fully charged 

batteries. 

9. Noise 

The aircraft are electrically powered and emit very little noise. A detailed noise analysis 

is not necessary because "if a determination is made under Section 333 that an airworthiness 

certificate is not required, noise certification and testing will also not be required for the subject 

aircraft for the term of the exemption." FAA, Public Guidance for Petitions for Exemption Filed 

Under Section 333 (Sept. 25, 2014), at 4. 

The light show may be set to 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 show presents a novel use case in at least three respects: (1) the aircraft are 

controlled by an automated flight control system rather than human commands or conventional 

aircraft controls, (2) one operator oversees multiple aircraft, so individual aircraft do not have a 

single, dedicated "pilot in command," and (3) operating light shows involves skills specific to 

light shows rather than traditional aeronautical knowledge. The safety in this use case comes 

from flying in a small airspace separated from other aircraft and people on the ground, and from 

flying a preprogrammed formation that is verified safe through computer simulations, not from a 

certificated pilot manipulating each aircraft's controls. As a result, traditional notions of who 

should be permitted to operate these aircraft do not apply. 

The position commands the aircraft follow result from an extensive development process 

between Ars and the show sponsor. The sponsor specifies the desired audience experience, for 

instance flying in a logo formation as in the London show or an animation set to music. Ars 

determines the required number of aircraft, defines the airspace boundaries (and those of the 

surrounding geo-fence and exclusion zone), and programs the positions and altitudes for the 

aircraft to follow. Ars then runs computer simulations to verify that the aircraft can execute the 

position instructions within the defined airspace boundaries while maintaining the required 6-

meter separation from each other and staying below the maximum 3 m/s groundspeed. 

The individual operator's role in a light show is to monitor the 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 if a problem develops. The automated flight control system 

does everything else, executing the position instructions developed in the pre-show planning 

process described above. 

The operators generally do not have pilot or medical certificates. They have, rather, 

extensive experience developing and safely flying light shows around the world. Pilot training 

and the type of aeronautical 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. Most importantly, they do not fly near other 

- 10-
aircraft or people on the ground. A computer controls their position in a small airspace where 

they cannot interfere with other users of the national airspace system. The skill set to safely 

execute a light show comes from experience operating these aircraft and these light shows, not 

from flying fixed-wing aircraft or helicopters. 

All flights will take place below 400 feet above ground level, which is below the 

minimum allowed altitude for manned aircraft traffic (other than on takeoff and 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 of the 

airspace, ensures separation from manned traffic. 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 area whose sole function is to observe the surrounding airspace before takeoff and 

during the light show for any approaching aircraft, gliders, parachutists, or other traffic. The 

observers will be positioned so each has unobstructed views of at least 180° of the airspace 

surrounding the flight area, and together have a 360° view. The observers will remain in constant 

verbal communication, via two-way radio, with the operators. If the observers detect 

approaching traffic that may result 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 of other aircraft, (2) they will not use magnification devices or night vision 

goggles other than to augment normal vision within the VLOS limit, (3) they will be stationed in 

the locations that afford the best available view of the entire area where the flight is conducted, 

and ( 4) they will not "daisy-chain" to extend the VLOS limit. The fifth condition, dark 

adaptation, does not apply because Ars does not propose 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 matter where conducted, will take place within a small cylindrical airspace 

that is separated from all other aircraft and surrounded by an exclusion zone on the ground to 

ensure separation of aircraft from all nonparticipating personnel. The FAA has already granted 

exemptions for unmanned aircraft to fly on closed movie sets. Astraeus Grant at 23. The 

proposed flights are similar in concept because they occur within a defined airspace in which 

there is no potential conflict with nonparticipating aircraft or personnel. 

All aircraft will fly lower than 400 feet above ground level. This is the altitude below 

which the FAA already permits unmanned flight for model aircraft. It is also below the 

"navigable airspace," which is the "airspace above the minimum altitudes of flight prescribed by 

regulations ... including airspace needed to ensure safety in the takeoff and landing of aircraft." 

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 of the cylinder, whose circumference forms the outer boundary of the 

airspace, may vary slightly depending on the 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, would have a maximum diameter of 300 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 aircraft within the defined airspace is the flight control 

system. The system commands all aircraft to follow preprogrammed positions 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, if crossed, triggers a reaction in the aircraft's control system to take some action to 

either remain inside the fence or safely land. For maximum protection, Ars uses a two-boundary 

geo-fence that encircles the airspace. The inner boundary is a few meters outside the airspace 

boundary. If an aircraft reaches the inner boundary, the flight control system commands it to 

return home, which is the position from which it took off. An aircraft returns 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 of a preset minimum altitude (currently 35 meters 

agl, but this can be changed) or the altitude of the lowest waypoint during the flight. In other 

words, if the aircraft's lowest waypoint was 50 meters agl, it will fly that altitude, not the 35 

meter minimum. 

The outer geo-fence boundary is a few meters outside the inner boundary, and provides 

an extra level of safety in the unlikely event a vehicle breaches the inner boundary. If a vehicle 

reaches the outer boundary, all four engines switch off and the vehicle descends in a noncontrolled manner to the ground. The exclusion zone, described in the next section, ensures that 

an aircraft descending in such manner cannot reach people on the ground. 

All aircraft take off and land within the designated airspace; they do not need any transit 

airspace. The launch site can be on the ground or an elevated platform such as a rooftop, 

depending on the features of a given site. To ensure adequate margin from the platform 

boundary, Ars will have a 5 meter buffer between launch/recovery positions and the edge of the 

platform. 

Ars will not use any moving platform for a launch site. If it uses a vessel such as a barge, 

the vessel will be anchored. 

Ars will address the precise location and classification of the airspace in the application 

for Certificate of Authorization or Waiver. At this time, Ars does not contemplate flying within 

class B airspace. 

Some potential sites lie within 5 nautical miles of an airport, and therefore would not fit 

within limitations the FAA has 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 of the airspace ensure ample separation from traffic using nearby airports. To further 

- 12-
ensure safe and smooth operation, Ars or Intel will coordinate with A TC and the operator of any 

airport within 5 miles of the flight area well in advance of any flight. 

2. Safety of persons on the ground 

An exclusion zone on the 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 operating the light show are barred from entry. 

Ars determines the size of the exclusion zone based on the maximum distance an aircraft 

could travel if it exited the 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 

limited to 3 m/s groundspeed in a light show. Ars may reduce the speed assumption in 

developing the exclusion zone boundary for a particular site, provided the speed used exceeds 

the maximum speed of any aircraft during a flight. 

The exclusion zone provides 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 exclusion zone would have a radius of approximately 190 meters, thus providing 

a safety buffer of 65 meters. Although the 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 designed to ensure 

that an aircraft leaving the geo-fence with maximum energy lands well inside the safety area. 

Ars will use a combination of physical barriers (fences, tape) and security personnel to 

enforce the exclusion zone. The means chosen will be appropriate to the site and the proximity of 

persons, streets, and buildings to the exclusion zone boundary. For each location used for a 

flight, Ars and Intel will develop a site-specific safety plan that outlines the precise boundary of 

the exclusion zone and the means to enforce it. 

Some potential sites under consideration have public streets within the area of a likely 

exclusion zone. Ars or Intel will work with local authorities to obtain permission to close these 

streets. 

Some potential sites also have commercial or industrial buildings (not residential 

buildings) that would lie within the exclusion zone. Ars does not propose to evacuate persons 

from commercial or industrial buildings within the exclusion zone, but will ensure that any nonparticipants stay within the buildings during each flight. Given the low mass and speed of the 

aircraft, the structure provides a physical barrier protecting nonparticipants. The FAA has 

recognized that physical barriers provide equivalent safety to the separation requirements in part 

91.119. Clayco Grant at 15 ("If barriers or structures are present that can sufficiently protect 

nonparticipating persons from debris in the event of an accident then the 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 or Intel will also obtain permission from the owners of all 

property encompassed by the flight area and exclusion zone. 

- 13 -
I. Conditions of Flight 

1. Daylight hours 

All flights will be conducted before the end of civil twilight. Ars does not, at this time, 

request authorization to fly at night. 

2. VMC conditions 

All flights will be conducted in visual meteorological conditions. The aircraft can operate 

in minor precipitation such as drizzle, provided conditions remain VMC. 

Due to their low mass and the requirement to stay on position 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 of sight 

All flights will be conducted within visual line of sight (VLOS) of the operators and 

observers. For clarity, Ars regards VLOS for these purposes as being within sight of the human 

eye with no magnification aids. Prescription corrective lenses may be worn. 

As a practical matter, all aircraft necessarily will remain within visual line of sight 

because of the small airspace. Operators and observers are typically situated within or 

immediately adjacent to 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 of sight. 

4. Advance coordination with the FAA 

Ars will coordinate with the FAA on every planned flight by submitting a written Plan of 

Activities to the Flight Standards District Office having jurisdiction over the flight area at least 3 

business days before any flight. The Plan of Activities will contain (1) the dates and times of 

flights; (2) the name and phone number of the operator and the person(s) responsible for onscene operation of the UAS; (3) a statement that the operator or show sponsor has obtained 

permission from property owners and/or local officials to conduct the show; (4) a description of 

the flight, including maps and diagrams of the airspace, geo-fence boundaries, and exclusion 

zone; and (5) a site-specific safety plan to ensure separation of the aircraft from all nonparticipating personnel. Ars will also request, 48-72 hours before any flight, that the local air 

traffic organization issue a NOTAM advising other airspace users ofthe flight. 

J. Privacy 

The aircraft carry no cameras or recording equipment. The aircraft and flights pose no 

pnvacy concerns. 

- 14-
K. Regulations from which Exemption is Sought and Equivalent Level of Safety 

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 of safety. 

1. Part 21 (Airworthiness Certification) 

Absent an exemption, a person 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 FAA to consider whether 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 of sight do 

not create a hazard to users of the national airspace system or the public or pose a threat to 

national security." 2012 Act,§ 333(b)(l). 

The Hummingbird aircraft and flights addressed in this petition qualify for relief from 

certification requirements under the 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 slower than 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); Trimble Navigation 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 of potential conflicts with manned aircraft and 

nonparticipating persons. 

Third, all aircraft will be operated within visual line of sight of the operators and visual 

observers. 

Finally, the proximity factor favors an exemption in light of the measures to ensure 

separation from air traffic and people on the 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 in the applications for Certificates of Authorization or Waiver. The point ofthe 

proximity analysis is not whether people happen to be nearby, but whether the flight poses a 

hazard to them. Parsing out population densities near the flight area makes sense in analyzing the 

concept of "congested areas" under section 91.119, for example, because an equipment failure at 

low altitude poses a danger to people on the ground in the whole area where an aircraft may land. 

But this use case is different because of the exclusion zone that separates aircraft from people on 

the ground. That zone provides an over-sized safety buffer that ensures any aircraft leaving the 

geo-fence touches down well before it can reach nonparticipating persons. Nobody outside the 

exclusion zone, no matter how populated the surrounding area, faces the hazard of being hit by 

an aircraft. For that reason, nobody is in "proximity" to the aircraft, even if the flight takes place 

near population centers or an airport. 

- 15-
As a result of the aircraft physical characteristics, operation within visual line of sight in a 

small defined airspace, and the measures to separate the aircraft from other traffic and persons on 

the ground, the flights do not create a hazard to users of the national airspace system or the 

public, nor do they pose a threat to national security. The FAA therefore should exempt these 

aircraft, when used for the flights discussed herein, from airworthiness certification 

requirements. 

2. Parts 45 and 47 (Registration and Marking) 

a. Registration 

The aircraft proposed for use in the 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 not registered with any government. Registration is not practical because 

the aircraft are used for shows in a variety of countries. They are shipped to the event venue 

before the event, flown, and then shipped back. The aircraft do not have 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 of serial numbers (ranging from 20000-29999), 

which allow tracking for maintenance and recordkeeping purposes. And most importantly, these 

aircraft do not fly in airspaces where registration is necessary for communications, traffic 

control, or enforcement purposes. They fly in formation in a small airspace with advance 

permission of the authorities. Registration does not make sense in this use case. 

Aircraft operated in the United States generally must be registered. 49 U.S.C. § 44101(a). 

An exemption is permissible and appropriate. The FAA does not apply the registration 

requirements to all vehicles that technically meet the definition of "aircraft" in Title 49. Model 

aircraft operated under the authority of Advisory Circular 91-57 are considered "aircraft" but are 

generally not registered. 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 on their face do not exclude even a 

'model aircraft' from the meaning of 'aircraft"'). 

As with model aircraft, the Hummingbird aircraft used in light shows are a use case in 

which registration does not make sense. Other than the commercial nature of the operation, the 

flights discussed in this petition are similar to the model aircraft use case in that they operate 

below 400 feet and in airspace that precludes conflicts with manned aircraft and people on the 

ground. In fact, the operation here is even safer given the enforcement of an exclusion zone, 

something that model aircraft operations typically lack. The FAA should treat these aircraft 

similarly and exempt them 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, but they do not 

apply to operating an unregistered rotorcraft such as the Hummingbird. These include 14 CFR 

§§ 45.21(a), 45.23(a), and 45.27(a). Section 45.23(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 pertain to registered 

aircraft, exemption from the registration requirement logically means that no registration 

markings are required. Similarly, an exemption is not required from 14 CFR § 47.3(b) because 

these aircraft are not presently eligible for U.S. registration by virtue of foreign ownership. 

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

The light show use case departs from the usual norm of one or more pilots operating a 

single aircraft. Ars is aware of the FAA's policy that each pilot in command "control[] only one 

unmanned aircraft (UA) at a time"-a policy that makes sense in a majority of use 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-fencing to prevent 

egress. The measures taken to separate the airspace from other aircraft and people on the ground 

provide a level of safety beyond that provided by having a pilot behind the controls of each 

aircraft. Given the safety provided by automated flight control and the small airspace, and the 

ability of an operator to command any or all aircraft to land if necessary, the FAA should depart 

from the one-PIC-per-aircraft model for this use case. 

Similarly, the requirements that the operator of a civil aircraft of the United States have a 

pilot certificate, whether commercial or private, and a medical certificate do not make sense in 

this use case. 14 CFR § 61.3. Light show flights do not involve traditional elements of 

aeronautical knowledge. The flight control system, not the operator, controls the aircraft. To take 

manual control, the operator uses a mouse or computer command, not a control stick or wheel. 

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 A TC, and other skills relevant to manned flight or to flying unmanned 

aircraft in operations similar to manned flight. The operators' experience in these light shows 

coupled with the airspace limitations provide an equivalent level of safety as having a pilot 

certificate. 

The FAA has recognized that certain operations "without a pilot certificate may be 

allowed." FAA Order 8900.1, vol. 16, ch. 4, § 1. This use case is one such operation, given the 

controls to assure separation from other aircraft and people on the ground. The FAA should 

exempt Ars from requirements that operators have any pilot or medical certificate, including 14 

CFR §§ 61.3 and 61.23. 

In two recent grants of exemption, the FAA denied petitioners' requests to exempt 

unmanned aircraft operators from requirements to have a pilot and medical certificate. Trimble 

Navigation Grant at 14-15; Clayco Grant at 11-12. The FAA cited a lack of authority to "exempt 

from the statutory requirement to 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 not provide flexibility relative to other sections of Title 49," 

such as section 44 711. !d. The FAA nevertheless exempted the petitioners from the requirement 

of a commercial certificate, and allowed operation with a private pilot certificate and third-class 

medical certificate notwithstanding the commercial nature of the operation. !d. at 15. 

- 17-
Ars urges the FAA to reevaluate its position on the scope of Section 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 of the statute indicate that Congress empowered the FAA to 

authorize UAS operations based on a set of safety 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 of Transportation to determine 

"which types of unmanned aircraft systems" do not create a hazard to other users of the airspace 

system or threaten national security by virtue of their "size, weight, speed, operational capability, 

proximity to airports and populated areas, and operation within visual line of sight." 2012 Act, § 

333(b)(1). For UAS that meet these criteria, the Secretary must determine whether to require a 

certificate of waiver, certificate of authorization, 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 meet the six criteria in subsection (b )(1 ). The 

Secretary has already found that airworthiness certification is not required for certain UAS to 

operate safely. That is all that is required to permit them to operate. The Secretary can impose 

other "requirements for the safe operation of such aircraft systems" under subsection 333( c), and 

for certain use cases a requirement of a pilot certificate makes sense. But nowhere did Congress 

say that Section 333 is intended to provide relief only from airworthiness certification 

requirements. 

If the FAA is unable or unwilling to reconsider its interpretation of Section 333' s scope, 

Ars proposes to satisfy a requirement of an airman certificate by conducting each light show 

flight under the operational control of a person holding at least a private pilot certificate and 

third-class medical certificate. The FAA has allowed other commercial UAS operations with this 

level of airman 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 of the 

flight control system and fly between preselected GPS waypoints for a show, there is no pilot 

skill involved in operating them. For that reason, the individual operators supervising groups of 

aircraft on the flight control system laptop interface will not have this certification. They will, 

rather, operate under the control of the pilot. If the pilot perceives an airspace conflict or other 

problem, the pilot can command the operators to land the aircraft immediately. 

The FAA has stated that one reason it requires a pilot certificate is "pilots holding a 

private pilot certificate are subject to the security screening by the Department of Homeland 

Security that certificated airmen undergo." Trimble Navigation Grant at 15. Ars proposes to 

accommodate this security concern by allowing the Department of Homeland Security, the FAA, 

or any other concerned agency to perform a security review of the flight team. In addition, 

representatives of these agencies or any other federal law enforcement 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 not practical for 

unmanned flight in general or that Ars would not be able to comply with in conducting the 

flights proposed in this petition. 

Section 91.7 requires that an aircraft be in airworthy condition and states that the 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, but believes an exemption may be required to permit 

the operators, who do not have pilot certificates, to make the required determination. The 

operators should be permitted to make this determination because they are familiar with these 

relatively simple 1.5-pound aircraft and the 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 test protocols. 

Section 91.9(b) prohibits operating a U.S.-registered civil aircraft unless the flight manual 

or other "approved manual material, markings, and placards" are "available in the aircraft." 14 

CFR § 91.9(b). Ars does not believe an exemption is required because the aircraft are not U.S. 

registered and because ofthe FAA's recent interpretation that "the intent of these regulations is 

met if the pilot of the unmanned aircraft has access to these documents at the control station from 

which he or she is operating the aircraft." FAA Interpretive Memorandum, Interpretation 

regarding whether certain required documents may be kept at an unmanned aircraft's control 

station (August 8, 2014), at 1. Regardless of the registration issue, Ars will ensure that each 

operator has all of the manuals described in section F.6 available at the 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 not apply because these aircraft are not eligible for 

U.S. registration. In any event, the FAA should exempt Ars from this requirement regardless of 

registration for the reasons stated in section K.2 above. 

Section 91.103 requires that the pilot in command, before the flight, become familiar with 

all available information concerning that flight. Ars does not intend to operate the aircraft 

without the operators familiarizing themselves with all information concerning the flight, 

including weather, conditions imposed by the FAA on operation, manned aircraft flight in the 

vicinity, the condition of the aircraft, and the site-specific safety plan. But an exemption may be 

necessary because the operators do not have pilot certificates and therefore may not technically 

qualify as "pilot in 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 with the pilot in 

command of each aircraft in the formation. 14 CFR § 91.111(a), (b). During the 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 can be 

easily segregated from both manned flight and persons on the ground. The flight control software 

- 19-
and the accuracy of modern GPS permit the aircraft to fly seamlessly in formation without 

interfering with each other. Moreover, the flight team runs computer simulations using the 

programmed aircraft positions to verify adequate separation between aircraft. As a result, the 

aircraft can and do safely fly in formation very close together. 

Section 91.113 requires "each person 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" with this requirement because of "the absence of an on board pilot." 

FAA Order 8900.1, vol. 16, ch. 1, § 3. An exemption is warranted because the proposed flights 

will take place within the visual line of site of the operators and observers, and more importantly 

within a small airspace bounded by a geo-fence that separates the aircraft from other traffic and 

persons on the ground. Given the small size of the 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 

takeoff or landing, depending on surface congestion below, and prohibits operating within 500 

feet of a person, vessel, vehicle, or structure. 14 CPR § 91.119(b )-(c). An exemption is necessary 

because all flights will be conducted below 400 feet above ground level, with the lowest aircraft 

having a minimum altitude of approximately 45 feet agl during the light show. The FAA has 

recognized, in designating 400 feet as the ceiling for model aircraft operations, that unmanned 

aircraft can safely operate below this level. Advisory Circular 91-57. The low altitude 

contributes to safety by ensuring separation from manned flight, which generally must remain 

well above this threshold. Moreover, the exclusion zone provides greater safety to people on the 

ground than a minimum altitude. A minimum altitude simply puts time between the aircraft and 

people below; the exclusion zone provides distance that an aircraft cannot overcome even if it 

loses power. 

Because of the small airspace and slow aircraft speed, the exclusion zone will likely 

result in less than 500 feet of separation between nonparticipating persons and the aircraft. An 

exemption from section 91.119(c) is therefore necessary. That regulation's 500-foot requirement 

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 of these 

aircraft. It a safety zone calculated to ensure safe separation under the specific conditions of light 

show flights. 

The exclusion zone provides higher safety than a separation distance unmoored from the 

specific conditions of flight. As such, the aircraft should be permitted to operate less than 500 

feet from nonparticipants, provided the aircraft stay within the 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 5 00 feet of them but not 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 of them, and may fly within 500 

feet of structures just outside the exclusion zone boundary. Due to low mass and slow speed, the 

-20-
aircraft pose no threat to 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 respect the rights of property owners by obtaining the express 

permission of the owners of all real property within the flight and exclusion zones. 

Ars will bar vehicles and vessels from entering the flight and exclusion zones during the 

flight. Vehicles and vessels outside the exclusion zone but within 500 feet of aircraft 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 

coordination with A TC, depending on the classification of airspace used. Locations under 

consideration for light show flights fall within class C, D, E, or G airspace. Ars does not propose 

to operate in class A or B airspace. An exemption from these regulations is warranted because 

the aircraft will operate in a small airspace, well below manned traffic, with advance 

coordination with the P AA and local air traffic control. Ars will provide advance notice to ATC 

at least 3 days in advance and will request a NOT AM to advise all traffic of the light show. The 

traffic coordination function ordinarily provided through ATC communication is not necessary 

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 VPR operations to ensure an 

adequate fuel reserve on reaching the intended destination, between 20 and 45 minutes 

depending on whether the aircraft is fixed or rotary wing and the operation is day or night. 

Regardless which time period applies, the Hummingbird aircraft could not practically comply 

with this regulation because their maximum flight duration is 10 minutes with the LED modules. 

The aircraft take off and land at one location and stay within a few hundred feet of it for the 

entire show. The operators continuously monitor the battery state of each aircraft and can 

manually land any aircraft that has a battery problem. Ars limits light shows to 8 minutes to 

provide a 20% power reserve margin, which is more than enough to safely land. As with the 

aircraft for which Clayco received Section 333 approval, in "the event that the UAS should run 

out of power, it would simply land within the access controlled operating area. Given its weight 

and construction material, the risks are less than contemplated by the current regulation." Clayco 

Grant at 15. 

Section 91.203 requires a civil aircraft to carry within it "an appropriate and current 

airworthiness certificate," which must list the registration number assigned to that aircraft. 14 

CPR§ 91.203(a)(1). It also requires the aircraft to carry an "effective U.S. registration certificate 

issued to 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 requirement to carry documentation on board the 

aircraft. The P AA has recently interpreted the "carry" requirements as satisfied by "maintaining 

these documents at the pilot's control station." P AA Interpretive Memorandum, Interpretation 

regarding whether certain required documents may be kept at an unmanned aircraft's control 

station (August 8, 2014), at 2. Ars will maintain all required documentation at the ground control 

station where it can be readily accessed by any operator or P AA inspector. As a result, 

exemption from section 91.203 is not necessary. See Astraeus Grant at 19-20 ("Based on the 

P AA Memorandum subject 'Interpretation regarding whether certain required documents may be 

- 21 -
kept at an unmanned aircraft's control station, dated August 8, 2014, the requested relief from 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 A TC transponder 

and altitude reporting equipment. The requirement applies to all airspace from the surface to 

10,000 feet within 30 miles of certain 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-other than for reporting altitude to the ground control station. The 

Hummingbird aircraft are designed to fly in limited airspace within a few hundred feet of, and 

under the control of, a ground control station. They will not share airspace with manned flights 

or other traffic. Moreover, Ars will keep local ATC advised of the time and location of any 

flight, as well as request a NOT AM. These measures provide the safety assurance otherwise 

provided by section 91.215. 

Subpart E of Part 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 not apply because 

the aircraft proposed for these flights are not registered in the United States or elsewhere. To the 

extent the FAA interprets the regulations in this subpart to apply, an exemption is necessary. 

Specifically, the regulations in this subpart require: 

• Maintenance may only be performed as prescribed in Part 91, subpart E, and 

Part 43. 14 CPR§ 91.403(b). Part 43 requires that persons who maintain, rebuild, 

alter, or perform preventive maintenance on any U.S.-registered aircraft have the 

specified certificate, and that they make certain maintenance record entries. 14 

CPR§§ 43.l(a), 43.7, 43.9, 43.11. It also specifies who may return an aircraft to 

service and what paperwork is required. 14 CPR§§ 43.5, 43.7. 

• The owner or operator must have the aircraft inspected and ensure that 

maintenance personnel make appropriate entries in the maintenance records 

indicating the aircraft has been approved for return to service. 14 CPR 

§ 91.405(a), (b). 

• An aircraft that has undergone maintenance or preventive maintenance cannot be 

operated until it has been approved for return to service by a person authorized 

under section 43.7 and required entries have been made in the maintenance 

records. 14 CPR§ 91.407(a). 

• Aircraft that do not carry passengers for hire must undergo annual inspections. 14 

CPR§ 91.409(a). 

• The owner or operator must keep 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 

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regulatory standards for U.S.-registered aircraft and ensures that aircraft are in a condition for 

safe flight before takeoff. Specifically, Ars complies with the manufacturer's pre-flight 

inspection and test checklist before each flight. Ars documents maintenance in a master database 

that tracks each aircraft by serial number. Further, the type of maintenance that can be performed 

in the field is very simple, such as replacing a rotor, and lies well within the skill set of an 

average model-aircraft enthusiast. The type of maintenance 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 rather than repairing it. 

L. Granting the Exemption is in the Public Interest 

Unmanned aircraft are a revolution in aviation, with the same type of transformative 

potential as the introduction of the jet engine. Unmanned aircraft open up uses that were never 

possible with manned aircraft. Flying a few hundred aircraft in a small airspace is just one of 

them. The possibilities are spurring innovation in many areas, including new types of flight 

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 

movement to a light display turns the sky into a public stage. 

Although Section 333 does not require a showing of public interest, granting the 

exemptions requested in this petition is in the public interest for a number of reasons. First, the 

proposed flights demonstrate the transformative potential of technology in a sector with rapidly 

increasing importance for the national economy. They show, for example, how technology and 

automation enable numerous aircraft to fly in small spaces near populated areas. Such 

demonstrations help promote public acceptance of unmanned aircraft, especially in novel use 

cases that were not possible with manned aircraft. Public acceptance is a social good because it 

will lead to quicker implementation of socially beneficial unmanned aircraft flights. Examples 

include formations of unmanned aircraft covering a large area for search and rescue or postdisaster surveys; providing precision crop pollination 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. They provide in-sky animations that can be custom-designed, and typically use less 

airspace than large public fireworks shows. Fireworks shows involve risk of serious 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 aircraft use only electrical power. The FAA has cited improved safety and reduced 

environmental burden as public interests in recent grants of exemption. 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 of dollars on public light shows for 

events such as July Fourth attest to 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 each planned 

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 of 6 knots during flight. 

4. Flights must be operated at an altitude below 400 feet AGL. All altitudes reported 

to ATC must be in feet AGL. 

5. All aircraft will operate within visual line of sight of the operators and at least two 

observers at all times. The operators and observers must use human vision 

unaided by any device other than corrective lenses prescribed by a medical or 

eye-care professional. 

6. The observers and operators must be able to communicate verbally at all times, 

either orally or with a communications device. 

7. Prior to each flight the operators must inspect and test each aircraft per the 

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 cannot be flown until the 

necessary maintenance has been performed and it is in a condition for safe flight. 

The preflight inspection must include verification that the ground control station 

is set up and operating properly, and that the communications link is functioning 

correctly. 

8. The aircraft may not be operated directly over any person, except authorized and 

consenting personnel 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 must use 

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 ground to 

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 aircraft that exits the geofence will reach the ground before reaching the boundary of the exclusion zone. 

11. If the 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 a NOT AM at least 

48 hours before the operation. 

13. At least three days before any flight under the grant of exemption, the operator 

will submit a written Plan of Activities to the local FSDO with jurisdiction over 

the area of the proposed flight. The Plan of Activities must include the following: 

a. Dates and times of flights; 

b. Name and phone number of the operator and the person(s) responsible for 

on-scene operation ofthe UAS; 

c. A statement that the operator or show sponsor has obtained permission 

from property owners and/or local officials to conduct the show, and if 

requested a list of the property owners and local officials from whom 

permission was obtained; 

d. A description of the flight, including maps and diagrams of the airspace, 

geo-fence boundaries, and exclusion zone; and 

e. A site-specific safety plan to ensure separation of the aircraft from all nonparticipating personnel. 

14. The UAS must remain clear of, and yield right of way to, all other aircraft. 

15. All flights must be conducted in VMC. Regardless of classification of airspace 

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 Electronica Linz GmbH, in cooperation with Intel Corporation, filed a petition for 

exemption and request for approval to operate unmanned aircraft under Section 333 of the 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 of airworthiness 

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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 

under part 91 . 

P. Conclusion 

The current 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, or that 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. Some of these use cases employ controls that 

provide a higher level of safety than any regulations could. The flights proposed here are a good 

example. They consist of short 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 

conduct the flights described in this petition. 

Dated: December 19,2014 Submitted By: 

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Appendix A: Proprietary Supporting Documentation 

Ars Ground Control Quick Start Guide 

2 AscTec preflight checklist, entitled Indoor and outdoor test protocol 

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Astraeus Grant 

Trimble Navigation 

Grant 

Clayco Grant 

W oolpert Grant 

VDOS Grant 

Appendix B: Full Citations 

In re Astraeus Aerial, Exemption No. 11062, Regulatory Docket No. FAA-2014-0352 

(September 25, 2014) 

In re Trimble Navigation Ltd, Exemption No. 11110, Regulatory Docket No. 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, Exemption No. 11112, Regulatory Docket No. FAA-2014-0382 

(December 10, 2014) 

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