September 12, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Wa shington, DC 20590

Re: Exemption Request Section 333 of the FAA Modernization and Reform Act and Part 11 of the Federal Aviation Regulations from 14 CFR Part 21, Subpart H; 14 CFR 45.23 (b); 14 CFR 61.23 (a) & (c); 61.101 (e) (4) & (5); 61.113 (a) & (b); 61.315 (a) & (c); 91.7 ( a); 91.119 (c); 91.121; 91.151 (a) (1); 91.405 (a); 91.407(a) (1); 91.409 (a) (1) & (2); and 91.417 (a) & (b)

Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Thrasher Gro up , the operator of small unmanned aircraft systems (sUAS) equipped to conduct aerial photography and videography for general survey industr ies , hereby applies for an exemption from the listed Federal Aviation Regulations (FAR) to allow commercial operatio n of its sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. As described more fully below, the requested exemption would permit the operation of s UASs in low altitude airspace and provide safety enhancements to the already safe operations for general aerial survey presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportati on’s (the F ederal Aviation Administration (F AA ) Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.” The name and address of the applicant: Thrasher Group Attn: Dan Wh eeler Ph: 304

- 624

- 4108 x1125 Email: dw heeler@thrashereng.com Address: 600 Wh ite Oaks Blvd., P.O. Box 940, Bridgeport, W V 26330Regulations from which the exemption is requested:

14 CFR Part 21 Subpart H, Airworthiness Certificates 14 CFR 45.23 (b), Aircraft Marking, Certification , and Registration 14 CFR 61.23 (a) & (c), Medical Certificates 14 CFR 61.101 (e) (4) & (5), Recreational Pilot Privileges 14 CFR 61.113 (a) & (b), Private Pilot Privileges 14 CFR 61.315 (a) & (c), Sport Pilot Privileges 14 CFR 91.7 (a), Civil aircraft airworthiness 14 CFR 91.119 (c), Minimum safe altitude 14 CFR 91.121, Altimeter setting 14 CFR 91.151 (a) (1), Fuel requirements for VFR flight 14 CFR 91.405 (a), Maintenance and maintenance inspections 14 CFR 91.407 (a) (1), O peration after Maintenance, preventive maintenance, rebuilding and inspections 14 CFR 409 (a) (1) & (2), Inspections 14 CFR 417 (a) & (b), Maintenance records This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 33 3 (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 to the public, or pose a threat to national security in light of the following:

 The UAS’s size, weight, speed, and operational capability

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

 Operation of the UAS within visual line of sight of the operator Lastly, if the Secretary determines that such vehicles may operate safely in the NAS , the Secretary shall establish requirements for the safe operation of such aircraft in the NAS

. The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes sUASs from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption is in the public’s interest.Thrasher Group ’s sUASs are fixed wing, weighting less than 5 or fewer pounds including its

payload. They operate, under normal conditions, at a speed of no more than 50 knots. They will operate only in line of sight of the pilot in command (PIC) and will utilize a safety observer. Such operations will insure that the sUAS will “not create a hazard to users of the national airspace system or to the public.” Given the small size of the sUASs involved, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UASs to commence immediately. Also due to the size of the UASs, approval of the application presents no national security issue. Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the strong equivalent level of safety surrounding the p roposed operations, the significant public benefits, enhanced safety, reduced environmental impacts, including reduced emissions, that are associated with allowing UASs for general survey data collections, the grant of the requested exemptions is in the pu blic interest. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.

**Ai rcraft 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 s afety enhancement to the already safe aerial survey data collection operations conducted with conventional aircraft and helicopters.

 **Limitations and Conditions.** These limitations and conditions to which Thrasher Group agrees to be bound when conducting ge neral survey data collection operations under an FAA

- issued exemption include:

o E ach sUAS will we igh less than 5 pounds full payload

. o Flights will be operated within line of sight of a pilot and/or observer.

o Ma ximum total flight time for each operational fl ight will not exceed 15 minutes. Flights will be terminated at 25% battery power reserve s hould that occur prior to the 15

- minute limit.

o Documents used by the operator to ensure the safe operation and flight of the sUAS and any documents required under 14 CFR §§91.9 and 91.203 will be available to the PIC at the ground control station of the sUAS any time the aircraft is operating. These documents will be made available to the FAA Administrator or any law enforcement official upon request. Thrasher Group’s documentation includes: the User Manual eBee Revision 8, August 12, 2013; and the Thrasher Group Checklist for UAS Operations.

o Flights will be operated at an altitude of no more than 400 feet above ground level (AGL) , and geofencing is enabled to restrict the altitude

. o Minimum crew for each operation will consist of the sUAS pilot and the visual observer.

o The sUAS pilot will be an FAA

- licensed airman with a current valid driver license

.o The sUAS pilot will be the PIC.

o A briefing will be conducted in reg ard to the planned sUAS operations prior to each flight. It will be mandatory that all personnel who will be performing duties related to the flight be present for this briefing.

o Pilot and observer will have been trained in the operation of the sUAS and w ill maintain currency in its operation.

o Observer and pilot will be able to communicate by voice at all times.

o All required permissions and permits will be obtained from territorial, state, county, or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

o If the sUAS loses communications, the UAS will have the capability to return to the launch location and land. If GPS navigation is lost, the sUAS will initiate an automatic landing, or it can be held in positi on or controlled manually for avoidance and redirection.

o The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

o The radio frequency spectrum used for operation and control of the sUAS shall comply with the Fede ral Communications Commission (FCC) or other appropriate government oversight agency requirements.

o The sUAS shall be equipped with inertial navigation sensor(s) and gyroscopes.

o The sUAS shall be equipped with a compass (magnetometer/heading source).

o The sU AS shall be equipped with a GPS guidance system. **Ai rcraft Model**  **Information :**  THR0 1 is an eBee senseFly.
**Model: THR0 1**  We ig ht (battery included) User Manual eBee Revision 8, August 12, 2013 contains the specifications for this COTS sUAS. Hovering Accuracy** Vertical: Horizontal: Max Angular Velocity Yaw: Max Tilt Ang le* Max Ascent Speed* Max Descent Speed* Max Speed* Max Flight Time Operating Temperature Range *** Dimensions

 **Safety**

**.** eBee’s senseFly small fixed wing aircraft have fail

- safe features to include geo fencing and lost

- link

- return

- home capability. eBee is a manufacturer of small fixed wing aircraft weighing less than 5 pounds and has developed technology that enhances safe sUAS operations within the NAS.

 **Maintenance.** The maintenance requirements under which Thrasher Group agrees to be bound to operate under an FAA

- issued exemption include:

o The sUAS shall be maintained in accordance with the manufacturer’s recommendations.

o Thrasher Group will document and maintain a record of the sUAS’s maintenance, preventative maintenance, alterations, status of all replacement and overhauled component part s, and total time in service. These records will be maintained with the sUAS for the life of the aircraft or as required by FAA regulations.

o Thrasher Group shall comply with all manufacturer safety and service bulletins or equivalent documents pertaining to the sUAS aircraft.

o The PIC shall perform a preflight inspection of the sUAS, controller, and ground control station prior to each flight to ensure it is operational with no discrepancies. The sUAS will only be operated when all systems are operating p er manufacturer’s specifications and in a discrepancy

- free condition.

o Ma intenance or repairs that may affect the sUAS ’s operation or flight characterist ics shall undergo a functional t est flight when required in accordance with manufacturer’s recommendatio ns. This functional test flight shall be recorded in the sUAS’s records. Wh en the functional test flight is completed successfully, the sUAS can be returned to service by the PIC.

o Thrasher Group shall follow the manufacturer’s sUAS maintenance, overhaul, replacement, inspection, and life

- limit requirements.

o All sUAS are identified by the serial number, registered in accordance with 14 CFR Part 47, and have identification (N

- number) markings in accordance with 14CFR Part 45 Subpart C, except with respect to the size of the markings. Markings shall be as large as practicable.
**14 C.F.R. Part 21, Subpart H: A irw**  **orthiness Certificates** Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness ce rtificates as required by FAR §91.203 (a) (1). Given the size and operating altitudes associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 a nd Section 333 of the Reform Act. Both the Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, spe ed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that an sUAS that is operated without an airworthiness certificate under the conditions proposed, wil l be at least as safe, or safer, than a conventional aircraft (f ixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The sUAS to be o perated hereunder is less than 5 pounds fully loaded, car ries neither a pilot nor passenger, and carries no explosive materials or flammable liquid fuels. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and observer, under the requiremen ts and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional aerial survey . These safety enhancements, which already apply to civil aircraft operated in connection with general survey operations, provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 CFR Part 21 Subpart H. Lastly, application of these same criteria demonstrates t hat there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, 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**  **s of the A** **ircraft** The regulation requires that each UAS type be clearly marked. W hen aircraft markings on limited, restricted, or light

- sport category aircraft or on experimental or provisionally

- certificated aircraft are limited to the Roman capital letter N and the registration number, 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 sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word experimental can be place d. Given the size of the sUAS, two

- inch lettering will be impossible. Instead, the word Experimental will be placed on the fuselage in compliance with 45.29 (f). All aircraft operated in accordance with this exemption will be identified by serial number, be registered in accordance with 14 CFR Part 47, and have identification (N −number) markings in accordance with 14 CFR Part 45, Subpart C. Markings will be as large as practicable.**14 C.F.R. §61.23 (a) & (c): Medical Certificates:**  **Requirement a nd Duratio**  **n**

Sections 61.23 (a) & (c) describe the requirements for medical certificates for commercial operations and the requirements for when a driver’s license may be used in substitute for a medical certificate. Because the sUAS will not carry a pilot or passen gers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC, that is operating the sUAS, to have a pilot certificate, inclusive of airline transport, commercial, private, recreational, or sport pilot. Because of this broad range of certificates, an exemption is needed for 61.23 to allow the PIC to operate a commercial sUAS with only a valid driver’s license. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely co ntrolled with no living thing on board. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as reques ted exceeds the present level of safety achieved.
**14 C.F.R. §61.101 (e) (4) & (5): Recreational Pilot Privileges and Limitations**  Sections 61.101 (e) (4) & (5) limit recreational pilots to non

- commercial operations. Because the sUAS 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 sUAS to have a recreational pilot’s license rather than a commercial pilot’s license to operate this small sUAS. Un like a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested exceeds the present level of safety.
**14 C.F.R. §61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command**  Sections 61.113 (a) & (b) limit pri vate pilots to non

- commercial operations. Because the sUAS 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 at least a privat e pilot’s license rather than a commercial pilot’s license to operate this small sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested exceeds the present level of safety.
**14 C.F.R. §61.315 (a) & (c): Spor** **t Pilot Privileges and Limitations** Sections 61.315 (a) & (c) limit sport pilots to non

- commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations b y requiring the PIC operating the aircraft to have at least a sport pilot’s license rather than a commercial pilot’s license to operate this small sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The risks associated with the operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 whendrafted, that allowing operations of the sUAS as requested with a sport pilot as the PIC exceeds

the present level of safety.
**14 C.F.R. §91.7 (a): Civil A**  **ircraft A irw**  **orthiness** The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness cer tificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft, the requirements contained in the manufacturer’s manual for maintenance, and the use of safety checklists provided by the M id

-Atlantic Aviation Partnership (MAAP) UAS Test Site during operator training prior to each flight, an equivalent level of safety will be provided.
**14 C.F.R. §91.119 (c) :**  **Minimum Safe A ltitudes**  Section 91.119 establis hes safe altitudes for operation of civil aircraft. As this exemption is for a sUAS and the exemption requests authority to operate at altitudes up to 400 feet AGL, an exemption may be needed to allow such operations. As set forth herein, the UAS will ne ver operate at higher than 400 feet AGL. The equivalent level of safety will be achieved given the size, weight, and speed of the sUAS. No flight will be taken without the permission of local officials. Compared to flight operations with aircraft weighin g far more than the maximum pounds proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently existing with conventional aircraft. In addition, the low

- altitude operations of the sUAS will en sure separation between these sUAS operations and the conventional aircraft operations that must comply with Section 91.119.
**14 C.F.R. §91.121 :**  **Al timeter Settings**  This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be ne eded. An equivalent level of safety will be achieved by the operator, pursuant to the Thrasher Group Checklist for UAS Operations , confirming the altitude of the launch site shown on the GPS altitude indicator before flight.
**14 C.F.R. §91.151 (a) (1): Fu**  **el Requirements for Flight in VFR Conditions** Section 91.151 (a) (1) prohibits an individual from beginning “a flight in an airplane under VFR (visual flight rules) conditions unless (considering wind and forecast weather conditions) there is enough fuel to fl y to the first point of intended landing, and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes.” The battery powering the sUAS provides approximately 15 minutes of powered flight. To meet the 30

- minute res erve requirement in 14 CFR §91.151, sUAS flights would be impossible.Given the limitations on the sUAS’s proposed flight area and the location of its proposed

operations, a longer time frame for flight in daylight VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the small sUAS does not engender the type of risks that Section 91.151(a) was intended to alleviate, given the size and speed of the sUAS. Applicant be lieves that an equivalent level of safety can be achi eved by limiting flights to 15 minutes or 25% of battery power, whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its operating area.
**14 C.F.R. § §**  **91.405 (a ), 91.**  **407 (a) (1 ), 91.**  **409 (a) (1) & (2 ), and 91.**  **417(a) & (b): Maintenance**  **Inspections** These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall, between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in Part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that this section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the manufacturer’s manual and operating handbook. An equ ivalent level of safety will be achieved because these sUASs are very limited in size, will carry a small payload, and will operate only for limited periods of time. If mechanical issues arise, the sUAS will be operating from no higher than 400 feet AGL a nd can land immediately. As detailed in the Thrasher Group Checklist for UAS Operations , the operator will ensu re that the UAS is in working order prior to initiating flight, perform all required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.
**Publication in Federal Register** Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 CFR Part 21, Subpart H; 14 CFR 45.23 (b); 14 CFR 61.23 (a) & (c); 61.101 (e) (4) & (5 ); 61.113 (a) & (b); 61.315 (a) & (c); 91.7 (a); 91.119 (c); 91.121; 91.151 (a) (1); 91.405 (a); 91.407(a) (1); 91.409 (a) (1) & (2); and 91.417 (a) & (b) to operate a small unmanned vehicle (55 pounds or less) in aerial survey data collection operations.