2 1 11 Masters Lane

, Missouri City

, TX 77459 T: ( 713 ) 253-8820 www. abidanceconsulting .com

James F. Ho ller

T: + 1 713 253 8 8 20 jholler@abidancecon su lting.com

September 2 2

, 201 5

U. S

. D epartment o f Transportation

Doc ket M anagement S ys tem

1200 New Je rs ey A ve., SE Washington, D C 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 91.7 (a);91.9 (b) (2);91.103(b); 91.109;91.119; 91.121; 91.151(a);91.203(a) & (b);91.405 (a); 91.407(a) (1); 91.409 (a) (2);91.417 (a) & (b).

Dear S ir or M adam:

Pursuant t o S ection 333 of the FAA M odernization and Reform A ct o f 201 2 (the Reform Act) a nd 14 C .F.R. P art 11, Abidance Consulting

, operator of Small U nmanned Aircraft S ystems (“sUASs”) e quipped to c onduct aerial phot ography for t he Power, Gas & Oil industry for the

purpose of conducting inspections as well as c omplying with the Federally mandated NERC compliance requirements

, hereby appl ies for a n exempti on from t he l isted Federal A viation Regulations ( “FARs”) t o al low c ommercial oper ation of i ts UAS, so long a s such operations a r e conducted within and under t he conditions out lined herein or as may be established by t he FA A

a s r equired by S ection 333.

As des cribed m or e fully bel ow, t he r equest ed exemption would permit the operation of
small, un manned and r elatively i nexpensive UAS under c ontrolled conditions in airspace t hat i s 1) limited 2) pr edetermined 3) c ontrolled as to access and 4) w ould provide safety

enhancements t o the already s afe ope rations i n the Power, Gas & Oil industry pr esently us ing

conventional ai rcraft. Approval of t his ex empti on would thereby enhanc e s afety and fulfill t he Secretary o f Transportation’s ( the FA A A dministrator’s) r esponsibilities t o “...establish requirements for

t he safe oper ation of s uch ai rcraft s ystems i n t he nat ional airspace system.” Section 333(c) o f the R eform A ct.

The nam e and address o f the applicant i s: Abidance Consulting

Attn: James Holler

Ph: 713-253-8820

Email: jholler@abidanceconsulting.com

Address: 2111 Mas ters Lane, Missouri City, TX 77459September 2 2

,

201 5 Pag e Two

2111 Masters Lane, Missouri City, TX 77459 T: (713) 253-8820 www.abidanceconsulting.com Regul ations from which the exemption is requested:

14 CFR P art 21

14 C.F.R. 45.23(b) 14 CFR 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 CFR 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F. R. 91.119

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

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The U AS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform A ct § 333 (a). Lastly, i f the Secretary det ermines that su ch v ehicl es “ may oper ate safely

in the national ai rspace s ystem, t he S ecretary shall es tablish requirements for t he safe operation of s uch aircraft i n the national airspace system.” Id

. §333(c) ( emphasis added) 1

.

The Feder al A viation Act ex pressly g rants t he FA A t he authority t o issue e xemptions.

This statutory aut hority by i ts t e rms i ncludes ex empting civil ai rcraft, as t he term i s de fined

under §40101 o f t he A ct, t hat i ncludes sU ASs, from t he requirement t hat al l ci vil ai rcraft must

have a current airworthiness ce rtificate.

1 Applicant interprets t his pr ovisi on to plac e the duty on the Administrator to not onl y pr ocess applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS , if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.2111 Masters Lane, Missouri City, TX 77459 T: (713) 253-8820 www.abidanceconsulting.com

September 2 2

, 201 5 Pag e Three

The A dministrator

m ay gr ant an exemption from a r equirement o f a r egulation prescribed

under su bsecti on (a) or ( b) o f this se ction or a ny s ections 44702

- 44716 of this t itle if t he

Administrator finds t he exemption in the publ ic i nterest. 49 U.S.C. §44701 (f) See also 49 US C §44711(a); 49 U SC §447 04; 14 C FR §91. 203 ( a) ( 1).

Abidance Consultings UAS ar e rotorcraft, w eighting 55 or f ewer l bs. i nc luding pay load. They oper ate, under

nor mal c onditions at a speed of no more t han 50 knots and hav e the capability t o hover, and move in the v ertical and horizontal pl ane s imultaneously. They w ill
operate onl y i n line of s ight and w ill oper at e only w ithin the sterile area of a clients private property or approved public right-of-ways

. Such operations w ill i nsur e that t he UAS w ill “ not

c reate a hazard to users o f the nat ional a irspace system o r t he public.” 2

Giv en the small s ize of the UAS i nvolved and the res tricted sterile environment w ithin which they w ill oper ate, t he applicant falls squarely within that z one of s afety ( an equivalent

level o f s afety) i n w hich Congress env isioned that the FAA must, by ex emption, al low

commercial oper ations o f U AS to commence i mmediately. Also due t o the size of the UAS and

the r estricted areas i n which the relevant UAS w ill oper ate, appr oval o f t he appl ication presents

no national s ecurity i ssue. Given the clear di rection in Section 333 of t he R eform A c t, the authority c ontained in the Feder al A viation Act, as amended; t he strong equivalent l evel of safety s urrounding the proposed operations, and the significant publ ic ben efit, i ncluding enhanced safety, reduction in environmental i mpacts, i ncluding reduced e missions as sociated with allowing U AS for

m ovie and television operations, the grant o f t he requested exemptions is

i n the publ ic i nterest. Accordingly, t he applicant respectfully r e quests that t he FAA gr ant t he requested ex emption without del ay.

AIRCR AFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe movie and television filming operations conducted with conventional aircraft

.

These limitations and conditions t o which Abidance Consulting ag rees t o b e bound

when conduc ting c ommercial o perations unde r an FA A i ssued exemption include:

2 Reform A ct S ection 333 (b).September 2 2

, 201 5 Pag e Four

2111 Masters Lane, Missouri City, TX 77459 T: (713) 253-8820 www.abidanceconsulting.com

1. The UAS w ill w eigh less t han 55 lbs.

2. Flights w ill be operated within line of s ight o f a pi lot and /or obs erver. 3. Maximum t otal flight t ime f or ea ch oper ational flight w ill be 25 minutes. Flights w ill be

terminated at 1 5% ba ttery po wer r eserve should t hat oc cur p rior t o the 25 minute

limit.

4. Flights w ill be operated at an altitude o f no m ore than 400 feet A GL or

, not m ore t han

200 feet abov e an el evated platform from w hic h filming is pl anned.

5. Minimum crew for eac h operati on will consist of t he UAS Pilot and t he Visual

Observer

. 6. The UAS w ill onl y oper ate within a confi ned “Sterile Area” a s de fined earlier

. 7. A br iefing w ill be conducted in regar d to the planned UAS oper ations pr ior t o each day’s activities. It w ill be mandatory t hat al l per sonnel w ho will be performing

dut ies w ithin t he boundaries o f t he safety per imeter be present for this briefing.

8. T he operator will obtai n t he consent of all persons involv ed in t he filming and ensu re that only consenting persons will be allowed withi n 100 feet of t he flight operation,

and this r adius m ay be reduced to 30 feet bas ed upon an equivalent l evel of s afety

determination.

9. Pilot and observer will hav e been trai ned i n operati on of UAS generally and received

up -to-da te information on the particular U AS t o be operated

. 10. Observer

a nd pilot w ill at al l t imes be able t o c ommunicate by v oice and/or t ext.

11. Written and/or

or al pe rmissi on from t he r elevant p roperty hol ders w ill be obtained.

12. All r equired permissions and permits w ill be obtai ned from t erritorial, s tate, c ounty or city j urisdictions, i ncluding l ocal l aw enf orcement, fire, or ot her appr opriate governmental a gencies.

13. If t he UAS loses c ommunications o r l oses i ts G PS s ignal, the UAS w ill ha ve capability t o return to a pr e -de termined location within the Security P erimeter and

land.

14. T he UAS will hav e t he capability t o abort a flight i n cas e of unpredict ed obstacles or emergencies.2111 Masters Lane, Missouri City, TX 77459 T: (713) 253-8820 www.abidanceconsulting.com

September

2 2, 201 5 Pag e Five

14 C.F.R. P art 2 1, S ubpart H : Airworthiness C ertificates 14 C .F.R. §9 1. 203 (a) ( 1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applic ant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of s afety under

Part 11 and Section 333 of the Reform Act. The Federal Av iation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cas es, an analysis of these criteria demonstrates that the UAS operated without an airworthiness

certific ate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

The sUAS to be operated hereunder is less than 55 lbs . fully loaded, carries neither a pilot nor passenger, carries no explosiv e materials or flammable liquid fuels, and operates exclusively within a secured area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and

in compliance with local public safety requirements, to provide security for the area of operation as is now done with c onventional techniques

. Lastly, application of these

same criteria demons trates that there is no credible threat to national security posed by

the UAS, due to its s ize, speed of operati on, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 45. 23 ( b). Marking of t he Aircraft

The regulation requires:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be

ne eded as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word2111 Masters Lane, Missouri City, TX 77459 T: (713) 253-8820 www.abidanceconsulting.com

September

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“Experimental” ca n be pl aced. Given the si ze of t he UAV, two -i nch l ettering will be impos sible.

The w ord “Experimental” w ill be placed on t he fuselage i n compliance w ith §45.29 ( f).

The e quivalent l evel of s afety w ill be provided by hav ing t he UAV m arked on its fuselage

as r equired by §45. 29 (f) w her e the pilot, obse rver and others w orking with t he UAV will se e the

identificati on of the UAS as “ Experimental.” The FA A has i ssued the following exemptions t o

t his r egulation to E xemptions N os. 10700, 8738

, 10167 and 10167A.

14 C.F.R. § 61. 113 ( a) & ( b): P rivate Pilot P rivileges and Limitations: P ilot i n C ommand.

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

- commercial operations

. Bec ause the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent

level of safety of current operations by requiring the PIC operating the aircraft to have adequate training rather than a commercial pilot’s license to operate this small UAS.

Unlike a conventional aircraft that carries the pilot and passengers

, the UAS is remotely

controlled with no living thing on board. The area of operation is controlled and restricted,

and a ll flights are planned and coordinated in advance. The risk s associated with the operation of the UAS are so diminished from the lev el of risk associated with

commercial operations contemplated by Part 61 when drafted, that allowing operations of

the UAS as requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §91 .7(a): C ivil ai rcraft a irworthiness.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft,

should this exemption be granted, no FAA regulatory standard will exist for determining

airworthiness. Given the s ize of the aircraft and the requirements contained in the Manual for

maintenance and use of s afety check lists prior to eac h flight, as set forth in Sections J, L and Q, an equivalent level of safety will be provided.

14 C.F.R. § 91.9 (b) ( 2): C ivil Aircraft Flight M anual i n t he Aircraft.

Secti on 91.9 (b) (2) provides:

No person m ay operate a U.S.

- registered civil aircraft ...

(2) For whi ch an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.2111 Masters Lane, Missouri City, TX 77459 T: (713) 253-8820 www.abidanceconsulting.com

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The U AS, giv en its si z e and configuration has no abi lity or pl ace to carry s uch a flight

manual on the ai rcraft, n ot onl y beca use there i s no pilot on board, bu t be cause t here is no

room o r ca pacity t o ca rry such an i tem on t he ai rcraft.

The e quivalent l evel of s afety w ill be maintained by k eeping t he flight manual at the ground control poi nt w her e the pilot flying the UAS w ill hav e immediate access to it. The FAA

has issued the followin g ex emptions t o t his r egulation: E xemption N os. 86 07, 8737

, 8738

, 9299

, 9299A, 9565

, 9565B

, 10 167, 10167A

, 10602

, 32 827, and 10700.

14 C.F.R. § 91. 103: P reflight ac tion

Thi s regulation requires each pi lot i n command t o take certain acti ons befor e flight to

ins ure the safety of flight. As FAA approv ed rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all ac tions including rev iewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91 .109: Fl ight i nstruction :

Section 91.103 pr ovides that no pers on may oper ate a c ivil ai rcraft ( ex cept a manned free

bal loon) t hat i s bei ng us ed for flight i nstruction unless that ai rcraft has fully functioning dual

c ontrols.

s UASs and remotely pi loted aircraft, by t heir des ign do not hav e fully functional dual

c ontrols. Flight c ontrol i s ac complished throug h the use of a c ontrol box that c ommunicates w ith

the aircraft v ia radi o communications. The FA A h as appr oved exemptions for f light t raining

without fully f unctional d ual c ontrols for a num ber

o f ai rcraft and for

f light i nstruction in experimental ai rcraft. S ee Exemption Nos.5778K & 9862A

. The equivalent level of s afety provided by t he fact that neither a pi lot no r

pas sengers w ill be carried i n the aircraft and by the

s ize and speed of t he ai rcraft.

14 C.F.R. §91 .119: Minimum saf e al titudes

Sec tion 91.119 es tablishes s afe al titudes for oper ation of c ivil ai rcraft. Section 91.119 (d)

allows hel icopters t o be operated at l ess t han t he minimums pr escribed, p rovided the person operating the helicopter c omplies w ith any r oute or al titudes p res cribed for hel icopters by t he

FAA. As t his ex empti on is for a UAS t hat i s a helicopter and t he ex emption requests a uthority to operate at al titudes up t o 400 AGL, or not more t han 200 abov e an el evated platform f rom which filming is p lann ed, an exempti on may be needed to al low s uch operations. As set forth herein,

ex cept for

t he limited conditions, t he UAS w ill never oper ate at higher

t han 400 AGL. It will

ho wever be operated i n a restricted ar ea w ith security per ime ter, where buildings and people will

not be ex pos ed to operations w ithout their pr e -ob tained consent.2111 Masters Lane, Missouri City, TX 77459 T: (713) 253-8820 www.abidanceconsulting.com

September

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The e quivalent l evel of s afety w ill be achieved given the si ze, w eight, sp eed of t he U AS

as w ell as t he location w here it i s ope rated. N o flight w ill be taken without the permission of the
property ow ner

or l ocal o fficials. Bec ause o f t he a dvance not ice t o t he pr operty ow ner and participants i n the filming activity, al l a ffected i ndividuals w ill be aware of t he pl anned flight operations a s se t forth in Section K o f t he M anual. Compar ed t o flight ope rations with aircraft o r rotorcraft w eighti ng far

m or e t han t he maximum 5 5lbs. pr oposed herein and the l ack o f

flammable fuel, any r isk associated with these operations i s far l ess t han t hose presently

prese nted w it h conventional ai rcraft oper ating at o r bel ow 500 AGL. In addition, t he l ow -al tit ude operations o f the UAS will ens ure separation between these small -UA S oper ations an d t he operations o f conventional ai rcraft t hat must c omp ly with Section 91.119.

14 C.F.R. §91

. 121 Altimeter S ettings

This regulati on requires each person oper ating a n aircraft t o maintain cruising al titude by

referenc e to an al timeter that i s s et “...t o the elevation of t he depar ture ai rport o r a n appropriate

altimeter s etting av ailable before departure.” As the UAS m ay no t have a bar ometric al timeter,

but i nstead a G PS altitude read out

, an ex emption m ay be needed. An e quivalent l evel of safety w ill be achieved by t he operator, pu rsuant t o the Manual and Sa fety Ch eck lis t, confirming the al titude o f t he l aunch site s hown on the G PS al titude indicator be for e flight.

14 C.F.R. § 91. 151(a): Fuel R equirement s for Flight i n VFR Conditions

Section 91.151 ( a) p rohibits an individual f rom be ginning “a flight i n an ai rplane under

VFR c onditions unl ess (considering wind and forecast w eather c onditions) there i s enou gh fuel

t o fly t o t he first poi nt o f i ntended landing, and, as suming normal c ruising speed – (1) D uring t he day, t o fly a fter

t hat for a t l east 30 minute s; or ( 2) A t night, t o fly after t hat f or at least 45

minutes.”

The bat tery pow ering the UAS pr ovides approximately 31 minutes o f po wered flight. To

meet t he 30 minute r eserve requirement i n 14 C FR §91. 151, UAS flights would be limit ed to approximate ly 25 minutes i n length. Given the l imitations on the UAS’s p ropos ed flight area and

the loc ation o f i ts pr oposed operations w ithin a predetermined area, a longer t im e frame for flight i n daylight or

ni ght VFR c onditions i s reasonable.

Applicant bel ieves that a n exempti on from 14 C FR §91. 151(a) f alls w ithin the scope o f prior exemptions. See Ex emption 10673 (allowing Lockheed Martin Corporati on to operate

without c ompliance with FAR 91. 151 (a)). Operating the small U AS, i n a tightly c ontrolled area

wher e only peopl e and property ow ners or official r epresentatives w ho have signed w aivers w ill be allowed, w ith less t han 30 minutes o f r eserv e fuel, does no t en gender t he type of risks that Section 91.151(a) w as i nt ended to alleviate giv en the size and speed of the s mall UAS. Additionally, l imiting UAS flights to 25 minutes w ould r educe t he u tility f or w hich the exemption

will be granted.

Applicant bel ieves t hat a n equivalent l evel of s afety c an be ac hieved by l imiti ng flights to

25 minutes o r 1 5 % o f ba ttery pow er w hichever

happens first. This r estriction would be more2111 Masters Lane, Missouri City, TX 77459 T: (713) 253-8820 www.abidanceconsulting.com

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than adequat e t o retur n the UAS t o i ts pl anned landing z one from any where in its l imited operating a rea.

Similar ex emptions hav e been granted t o ot her operations, i ncluding Exemptions 2689F,
5745, 10673

, and 10808.

14 C.F.R. §91

. 203 (a) an d (b): Carrying Civil Aircraft C ertification and Registration

The re gulation provides in pertinent part:

(a) Exc ept as provided in § 91.715, no person may operate a civil aircraft

unless it has within it the following:

(1) An approp riate and current airworthiness certificate. . . .

(b) No pers on may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization i ssued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to

passengers or crew.

The U AS fully l oaded weighs no more t han 55 lbs and is ope r ated without an onboard pilot. As su ch, there i s n o ability or pl ace to carry certification and registrati on documents or t o display t hem on the U AS.

An equivalent l evel o f sa fety w ill be achieved by k eeping these docu ments at t he ground

control poi nt w here the pilot flying t he U AS w ill h ave immediate access t o t hem, t o t he ex tent

the y ar e applicabl e t o the UAS. The FAA has i ssued numerous ex emptions t o t his r egulation.

A r epresentative sampl e of o ther ex ceptions i ncludes E x emption Nos. 956 5, 9665

, 9789

, 9789A, 9797

, 9797A

, 98 16A, and 10700.

14 C.F.R. §91

. 405 (a); 4 07 (a) ( 1); 409 (a) ( 2); 41 7(a) & ( b): Maintenance Inspections

These r e gulations r equire that an ai rcraft ope rator or ow ner “ shall hav e that ai rcraft inspected as pr escribed in subpart E o f t his par t a nd shall bet ween required inspections, ex cept

as pr ovided in paragraph ( c) o f this se ction, hav e discrepancies r epaired as pr es cri bed in part

43 of t his c hapter...,” and ot hers s hall i nspect o r m aintain the aircraft i n compliance with Part 43.

Given that t hese s ecti on s and Part 43 appl y onl y t o aircraft w ith an airw orthiness certificate, t hese s ections w ill not appl y t o the ap plicant. Maintenance will be accomplished by the operator

pu rsuant t o t he flight manual and operating handboo k provided by the

manufacturer

. An equivalent l evel of safety will be achieved because these small U AS ar e v ery
l imited in size and will c arry a small pay load (c ameras, SIM chips flash memory sicks) and
operate onl y i n restricted areas for l imited periods of time. If mechanical i ssues ar ise t he U AS

c an l and immediately on its own and will be operating from no hi gher than 400 feet A GL. T he

oper ator w ill ensur e that t he U AS i s i n w orking o rder pr ior t o i nitiati ng flight, pe rform r equired
maintenance, and keep a l og o f any m aintenance performed. Moreover, t he oper ator i s t he

per son most2111 Masters Lane, Missouri City, TX 77459 T: (713) 253-8820 www.abidanceconsulting.com

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fam iliar w ith the ai rcraft a nd best sui ted t o m aintain the ai rcraft i n an ai rworthy co ndition to provide the equivalent l evel of safety.

*********

Pursuant t o 14 C.F.R. P art 11, t he following s ummary i s provi ded for publ ication in the

Federal Register, s ho uld it be det ermined t hat pu blication is needed:

Applicant se eks an ex empti on from t he following r ules:

14 C.F.R. §21

, subpart H ; 14 C .F.R 45. 23(b);14 C.F.R. §§ 61.113( a ) & (b);91.7 (a); 91

. 9 (b) ( 2);91.103(b);91.109; 91. 119; 91 .121; 91 .151(a);91.203(a) and (b); 91. 405 (a); 91

. 407 (a) ( 1); 91. 409 (a) ( 2); 91

. 409 (a) ( 2) a nd 91.417 ( a) & ( b) t o operate commercially a small un manned vehicle (55lbs o r l ess) i n the Power, Gas & Oil industry

.

Approval of ex emptions allowing c ommercial ope rations of UAS in t he Power, Gas & Oil industry will enhance safety by r educing risk. Conventional film ope rations, us ing jet o r pi ston

pow er ai rcraft, operate at ex tremely l ow al titudes j ust feet from t he subject bei ng filmed a nd in extreme proximity t o people and s tructures; and pr esent t he risks as sociated w ith vehicles t hat

w eig h in the neighborhood o f 4 ,000lbs., carrying l arge am ounts o f jet A o r o ther fuel ( 140 gallons for

j et helicopters s how n below). Such ai rcraft must fly t o and from t he Power, Gas &

Oil l ocation. In c ontras t, a UAS w eighing fewer t han 55 lbs. and pow ered by bat teries

el iminates v irtually al l of t hat risk given t he reduced m ass and lack of c ombustibl e fuel c arried

on board. The UAS i s c arri ed to t he location and not flown. The UAS w ill c arry no passengers

o r c rew and, therefore, w ill not expose them t o t he r isks associated with manned aircraft flights.

The oper ation of s mall U AS, w eighting l ess t han 55 lbs., conducted in the s trict conditions

out lined above, w ill pr ovide an equivalent l evel o f s afety s u pporti ng the g rant of t he exemptions

r equested h erein, i ncluding exempting the appl icant from t he requirements o f P art 21 and allowing c ommercial oper ations. These lightweight ai rcraft op erate at s low s peeds, close to

t he ground, and in a sterile environment and, as a res ult, a r e far s afer t han c onventional operations conducted w ith turbine helicopters ope rating i n close proximity t o the ground and people.

Privacy

All f lights w ill oc cur

ov er p rivate or

c ontrolled access property w ith the pr operty owner’s pr ior

c onsent an d knowledge. Filming will be of peopl e and/or structures who have also consented

t o being filmed or

o therwise have agr eed to be in the ar ea w her e filming w ill t ake pl ace. The
grant o f t his ex emption request will pr ovide improved safety i n both day and night oper ations.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within

visual line of sight and national security

– provide more than adequate justification for the grant

of the requested exemptions allowing commercial operation of applicant’s UAS in the motion picture and television industry pursuant to the Manual appended hereto.2111 Masters Lane, Missouri City, TX 77459 T: (713) 253-8820 www.abidanceconsulting.com Sincerely,

James F. Holler Abidance Consulting

President