James E. Mackler Member 615.251.5569 (t) 615.251.5551 (f) jmackler@fbtlaw.com November 1 0 , 2015

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE, West Building Ground Floor, Room W12

- 140, Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) & (b).

PETITION FOR SUMMARY EXEMPTION

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, OCEAN ALLIANCE, INC. , (“ OCEAN ALLIANCE ”) an operator of
Small Unmanned Aircraft (UA) hereby applies for an exemption from the listed Federal Avi ation
Regulations ("FARs") to operate an unmanned aircraft system (UAS) for aerial photography and

video

. OCEAN ALLIANCE is eligible for a summary exemption for aerial data collection,
specifically in the areas of oceanography, limnology, and environmenta l science

. 1

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (parti culate measurement, etc.), or any other gathering of data by instruments aboard the UA. See exemption # 13286.U. S. Department of Transportation

November 1 0 , 2015 Page 2

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia INTRODUCTION: Ocean Alliance strives to increase public awareness of the importance of whale and ocean health through research and public education. The organization work s with its scientific partners to collect a broad spectrum of data on whales and ocean life. Ocean Alliance uses this data to advise educators, policy makers, and the general public on wise stewardship of the oceans to mitigate pollution, prevent the collapse of mar ine mammal populations, and promote ocean and human health. Ocean Alliance, Inc., a 501(c)(3) not

- for

- profit Organization, and was founded in 1971.
Unmanned aircraft (UA) can serve as a tool for the collection of critical data that is of benefit to whales and ultimately humanity. Also, this is a collection tool that will be easily replicable by others. The UA (referre d to by Ocean Alliance as “snot bots,” ) can be used to learn about whales while removing the need to harass them in the process

– saving live s of incredible, yet endangered animals. The snotbots hover in the air above a surfacing whale and collect the blow (or snot) exhaled from its lungs. The snotbot then returns that sample back to researchers a significant distance away.

Having a sample of the fluid that acts as a lubricant in the whale’s lung is critical . With it researchers can see virus and bacteria loads, analyze DNA, and look for environmental toxins that have been absorbed into the whale’s system. Perhaps most importantly, researchers can test for levels of hormones, which gives them information on the reproductive cycles and stress levels of these creatures as they are increasingly impacted by human activity in their natural habitats.

Without a UA, the standard way of getting a data s ample of a whale (living outside captivity) involved chasing an extremely acoustically sensitive mammal with a loud motorboat and subsequently shooting it with a sampling dart from a crossbow. By using Snotbots, the whale never knows the data is being co llected. The aircraft fly well above the surface of the water and into the blow, the subjects are never touched or approached closely.
QUICK REFERENCE SUMMARY:

 Type of aircraft to be flown:

 Yuneec Typhoon Q 500 4K

o Weight 3.75 lbs

o Maximum speed 36 mph

o http://www.yuneec.com/download/manuals/typhoon_q500plus_user_manual_v2.0 .pdfU. S. Department of Transportation

November 1 0 , 2015 Page 3

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia  DJI Matrice 100

o Weight 7.5 lbs

o Maximum speed 50 mph

o http://download.dji

innovations.com/downloads/dev/Matrice/en/M100_User_Manual_v1.4__en.pdf

 Splash Drone Mariner 2 Pro Version

o Weight 2500 grams

o Maximum Speed 22 mph

o http://fpvfactory.com/images/SplashAuto

- 10

- 14

- 15/Splash

- Drone

PRO_Professional_User_Manual_v2

- 3_en.pdf

 P roprietary technical documents will be provided under separate cover

.  The operations will be for aerial data collection to conduct research, education, and UAS platform development in the areas of oceanography, limnology, and environmental scienc e

. 2

 OCEAN ALLIANCE agrees to all the restrictions listed in numerous previous exemptions, including exemption # 12618 to Woods Hole Oceanographic Institution on August 26 , 2015. Those restrictions are listed below. Based upon the FAA’s recent guidance, this petition is el igible for summary exemption and should be granted immediately.
OCEAN ALLIANCE requests that the publication and comment procedures be waived in accordance with 14 C.F.R. § 11.87 which states :
§ 11.87 Are there circumstances in which FAA may decide not to publish a summary of my petition for exemption?
The FAA may not publish a summary of your petition for exemption and request comments if you present or we find good cause why we should not delay action on your petition. The factors we consider in deciding not to request comment include:
(a) Whether granting your petition would set a precedent.
(b) Whether the relief requested is identical to exemptions granted previously.
(c) Whether our delaying action on your petition would affect you adversely.

2 Exemption # 1 2618 to Woods Hole Oceanographic Institute was for “aerial data collection ” to conduct research, education, and UAS platform dev elopment in the areas of oceanography, limnology, and environmental science.U. S. Department of Transportation

November 1 0 , 2015 Page 4

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia (d) Whether you filed your petition in a timely manner.
Corresponding to the above sub

- sections, OCEAN ALLIANCE has good cause to request
the FAA to waive the comment period and not delay action on the petition because:
(a) OCEAN ALLIANCE would not set any precede nt. OCEAN ALLIANCE agrees to the

SAME exact limitations as Exemptions # 12618
, which lists t he Splash Drone Mariner 2

for d ata c ollection. It further agrees to the SAME limitations contained in exemption #

12697 which lists the DJI Matrice and Yuneec Typhoon, among others, for aerial data

collection

. (b) The relief requested is identical to that granted, without publication for comment, in
Exemptions #1 2681
, # 12697 and # 11342 . The FAA has also issued grants of exception

in circumstances similar in all m aterial respects to those presented in this petition in
exemption # 11062 to Astraeus Aerial, 11109 to Clayco, Inc, # 11112 to VDOS Global,
LLC, and # 11213 to Aeryon Labs, Inc.
(c) Delaying the granting of this petition would adversely affect the public, the FAA, and
OCEAN ALLIANCE

. Granting the petition is in the public interest:

 The public, as well as the FAA, would be better served by the FAA quickly granting this petition and thereby freeing up limited FAA resources and allowing FAA inspectors to dedicate their time and attention to much higher priorities.

 Moreover, OCEAN ALLIA NCE is adversely affected by the above listed regulations.

 The enhanced safety achieved using an unmanned aircraft with the specifications described in this petition and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that theU. S. Department of Transportation

November 1 0 , 2015 Page 5

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia UAS operation that would be enabled by this exemption is in the public
interest.

 If the petitioner does not have the option of using the Petitioner’s UA, an other way to obtain the data is by using manned aircraft which can cause stress to the animals being studied, and pose a danger to the pilot as well as individuals
and animals below . There is no pilot on board the UA and due to the small
size of the UA , there is less risk danger posed to the researchers, observers, or their subjects in case of an emergency. Additionally, the UA has multiple motors while most manned aircraft have only one engine.

 Another alternative to the use UAs is the use of harpoons or darts to collect samples from marine mammals. This is much more invasive to the subjects and causes greater danger for the researchers and the marine life with less accurate results due to the stress inherent in using these tools. The UA allows
much l ess invasive data collection.

 Manned airplanes and helicopters produce great amounts of noise pollution disrupting the marine life being studied . UA are much quieter and will not disrupt the subjects as much as manned aircraft; thus , the public will benefit from reduced stress on marine life, resulting in more reliable scientific research and improved conservation efforts

.

 In addition to the noise, engine or turbine powered aircraft produce exhaust which affects the environment while the UA of the pet itioner are electric and do not produce any emission. The environment and the public are benefited by
the use of UA.

 UA use batteries for power which are not as flammable and explosive as 100LL or Jet A. If there was an emergency where the UA crashed, ther e is less chance of individuals being injured from an explosion or fire. UA also use smaller propellers than manned helicopters which will cause far less damage in the case of a crash than the “grenading” that typically happens during a manned helicopter c rash.U. S. Department of Transportation

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The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia  The UA will be operated at lower altitudes than manned aircraft. Thus, the public benefits because the danger of a mid

- air collision is lessened

. (d) The petition has been filed in a timely manner.U. S. Department of Transportation

November 1 0 , 2015 Page 7

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia Petitioner’s contact info: Frost Brown Todd, LLC Attn: James Mackler Phone: 615

- 251

- 5569 Email: jmackler@fbtlaw.com Address: 150 3 rd Avenue South, Suite 1900, Nashville, TN 37201
OCEAN ALLIANCE, INC. Attn: Iain Kerr Phone: 978

- 281

- 2814 Email: info @whale.org Address: 32 Horton Street, Gloucester, MA 01930

Regulations from which the exemption is requested:

 14 C.F.R. § 61.23(a) and (c)

 14 C.F.R. § 61.101(e)(4) and (5)

 14 C.F.R. § 61.113(a)

 14 C.F.R. § 61.315(a)

 14 C.F.R. § 91.7(a)

 14 C.F.R. § 91.119(c)

 14 C.F.R. § 91.121

 14 C.F.R. § 91.151(a)(1)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(1) & (2)

 14 C.F.R. § 91.417(a) & (b)
This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012. 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 FAA Moderniza tion and Reform Act. In making this determination, the Secretary is required to determine which types of UA 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 UA’s size, weight, spe ed, and operational capability;U. S. Department of Transportation

November 1 0 , 2015 Page 8

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia  Operation of the UA in close proximity to airports and populated areas; and,

 Operation of the UA within visual line of sight of the operator (VLOS). 3

If the Secretary determines that such vehicles "may operate safely in th e national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system." Id. § 333(c) (emphasis added). 4
The Federal Aviation Act expressly grants the FAA the authority to issue exempt ions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under § 40101 of the Act that includes UAS’s, from the requirement that all civil aircraft must
have a current airworthiness certificate.

“The Administrat or 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 in the public interest.” 49 U.S.C. § 44701(f). See also 4 9 U.S.C. § 44711(b). As already stated , the exemption is in the public interest because:

 The enhanced safety achieved using an unmanned aircraft with the specifications described in this petition and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation that would be enabled by this exemption is in the public
interest.

 If the petitioner does not have the option of using the Petitioner’s UA, an other way to obtain the data is by using manned aircraft which can cause stress to the animals being studied, and pose a danger to the pilot as well as individuals
and animals below . There is no pilot on board the UA and due to the small size of the UA, there is less risk danger posed to the researchers, obser vers, or

3 FAA Modernization and Reform Act of 2012 at § 333(a). 4 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exempti ons 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.U. S. Department of Transportation

November 1 0 , 2015 Page 9

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia their subjects in case of an emergency. Additionally, the UA has multiple motors while most manned aircraft have only one engine.

 Another alternative to the use UAs is the use of harpoons or darts to collect samples from marine mammals. This is m uch more invasive to the subjects and causes greater danger for the researchers and the marine life with less accurate results due to the stress inherent in using these tools. The UA allows
much less invasive data collection.

 Manned airplanes and helicopters produce great amounts of noise pollution disrupting the marine life being studied . UA are much quieter and will not disrupt the subjects as much as manned aircraft; thus , the public will benefit
from reduced stress on marin e life, resulting in more reliable scientific research and improved conservation efforts

.

 In addition to the noise, engine or turbine powered aircraft produce exhaust which affects the environment while the UA of the petitioner are electric and do not prod uce any emission. The environment and the public are benefited by
the use of UA.

 UA use batteries for power which are not as flammable and explosive as 100LL or Jet A. If there was an emergency where the UA crashed, there is less
chance of individuals bein g injured from an explosion or fire. UA also use smaller propellers than manned helicopters which will cause far less damage in the case of a crash than the “grenading” that typically happens during a manned helicopter crash.

 The UA will be operated at low er altitudes than manned aircraft. Thus, the public benefits because the danger of a mid

- air collision is lessened.

 OPERATING DOCUMENTS

OCEAN ALLIANCE will operate only within the limitations below and the performance parameters set forth in the aircraft manuals and in the proprietary technical documents that will submitted under separate cover:U. S. Department of Transportation

November 1 0 , 2015 Page 10

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia  Flight Operations and Procedures Manuals (FOPM).

 Aircraft Flight Manuals

 Training Manuals for the Pilot In Command (PIC).

 Training Manuals for the Visual Observer (VO).

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein applies 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.
These limitations and conditions are identical to exceptions # 12618 (using the Mariner 2)
and # 12697 (using the DJI Ma trice and Yuneec Typhoon)

. OCEAN ALLIANCE agrees to be
bound by those conditions when conducting commercial UA operations. The list of limitations and conditions include the following:
1. Operations authorized by this grant of exemption are limited to the ai rcraft listed above when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption.
2. Operations for the purpose of closed

- set motion picture and television fil ming are not permitted.
3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the U A be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft
manufacturer.
4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.
5. The UA mus t be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other thanU. S. Department of Transportation

November 1 0 , 2015 Page 11

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S.
driv er’s license.
6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS ca pability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the
VO.
7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exempt ion, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemp tion and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or r evise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised docum ents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its gra nt of exemption. The FAA’s UAS Integration Office (AFS−80) may be contacted if questions arise regarding updates or revisions to the operating documents.
8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exempti on.U. S. Department of Transportation

November 1 0 , 2015 Page 12

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.
9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.
10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspect ion must account for all potential discrepancies, e.g., inoperable co m ponents, ite m s, or equip m ent. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.
11. The operator must follow the UAS manufa cturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.
12. Each UAS ope rated under this exemption must comply with all manufacturer safety
bulletins.
13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA

a irman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exem ption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for th e purposes of training the operator’s PICs and VOs (training, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted unde r the terms of this exemption. However,U. S. Department of Transportation

November 1 0 , 2015 Page 13

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticip ants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.
15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.
16. The UA m a y not operate within 5 nautical m iles of an airport refere n ce p oint (ARP) a s denoted in the current F

AA Airport/Faci l ity Directory (AFD) or for airports not denoted
with an ARP, the center of the airport sy m bol as denoted on the current FAA

- published

aerona u tic a l ch a rt, u nless a letter of agree m ent with t h at airpo r t’s m anage m ent is obt a i ned

or otherwise per m itted b y a COA issued to the e xe m ption holder. The letter of agree m ent with the a i rport m anage m ent must be m ade available to the Ad m i nistrator or any law
enforce m ent official upon request.
17. The UA m a y 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 m iles from the PIC.
18. If the UAS loses com m unications or loses its GPS signal, the UA m ust return to a
pre

- deter m ined location within t h e p rivate or co n t rolled

- acce s s property. 19. The PIC m u st abort the f light in the event of unpredicted obstacles or e m ergencies.
20. The PIC is prohibited fr o m beginning a flight unless (con s idering wind and forecast
weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the m anufacturer if greater. 21. Air Traffic Organizati o n (ATO) Certificate of Waiver or A utho r ization (COA). All operations shall be conducted in accord a nce with an ATO

- issued COA. The

exe m ption holder m ay apply for a new or a m ended COA if it intends to conduct operations that cannot be conducted under the ter m s of the attached COA.
22. All aircraft operated in accor d a n ce with this exemption m ust be identified by serial

nu m ber, registered in accordance with 14 CFR p a rt 47, and have identificationU. S. Department of Transportation

November 1 0 , 2015 Page 14

The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia ( N −Nu m ber) m arkings in accorda n ce with 14 CFR part 45, Subpart C. Markings m ust be as large as practica b le.
23. Docu m ents used by the operator to ensure t h e safe operation and flight of the UAS and

any docu m e nts required under 14 CFR §§ 91.9 and 91.203 m u st be available to the PIC

at the G round Control Station of the UAS any ti m e the aircraft is operating. These
doc u m ents m ust be m ade availa b l e to the Ad m i nistrator or any law enforcement official

upon request.
24. The UA m u st re m ain clear and give w a y to all m anned aviation operations and acti v ities
at all times.
25. The UAS may not be operated by the PIC from any moving device or vehicle.
26. All Flight operations must be conducted at least 500 feet from all nonpa rticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating perso ns remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and
b. The own er/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue haz ard.

c. The PIC, VO, operator trainees or e s sential pers o ns are not c o nsidered nonparticipating persons under this exe m ption.
27. All operati o ns shall b e conducted o v er pri v ate o r contr o lle d

- access pro p erty with

per m ission from the property owner/contr o ller or authorized representative. Per m ission
from property owner/co n t roller o r authorized rep r esent a tive w ill b e obtained for each flight to be conducted.
28. Any incident, accident, or flight operation that tr a nsgress e s t h e later a l or v ertical
boundaries of the operational area as defined by the applicable COA must be reported toU. S. Department of Transportation

November 1 0 , 2015 Page 15

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www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia the FAA ' s UAS Integration O ff i ce (AF S −80) within 24 hours. Accidents m ust be reported to the National Transportation Safety Board (NTSB) per instructions contained
on the NTSB Web site: w ww.ntsb.gov.

STATUTORY CRITERIA PROVIDED IN SECTION 333
The Federal Aviation 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 cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate and under the restrictions 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.

Since t he UA fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot, there is no ability or place to carry certification and registration documents or to display them on the unmanned aircraft. An equivalent level of safety will be achie ved by keeping these documents at the ground control point where the pilot flying the UA will have immediate access to them. Given the size of the unmanned aircraft, the FAA registration number will be displayed on the airframe in as large a font as possib le.
14 C.F.R. § 61.23(a) & (c): M EDICAL C ERTIFICATES Exemption # 11221, # 11284, #11326 and many others have provided that a U.S.
driver’s license could be used in lieu of the medical certificate.

14 C.F.R. § 61.101( e )(4) & (5): R ECREATIONAL P ILOT P RIVILEGES AND L IMITATIONS & 14
C.F.R. § 61.315( a ): S PORT P ILOT L IMITATIONS . Exemption # 12 961, #12956 # 11221, # 11284, #11326 and many others have provided that the “PIC must hold either an airline transport, commercial, private, recreational, or sport pil ot certificate.” Likewise, OCEAN ALLIANCE is also performing commercial UAS work and is asking for the same restrictions which have been previously deemed to provide an equivalent level of safety as the burdensome regulations.U. S. Department of Transportation

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The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia 14 C.F.R. § 61.113 (a): P RI VATE P ILOT P RIVILEGES A ND L IMITATIONS : P ILOT I N C OMMAND . Sub

- sections 61.113(a) limit private pilots to non

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of c urrent operations by requiring the PIC operating the aircraft to have a private pilot's license 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

co ntrolled with no living thing on board.

14 C.F.R. § 91.7( a ): C IVIL A IRCRAFT A IRWORTHINESS . As already noted, the DJI Inspire 1 and Phantom 3 have been previously approved in many past exemptions

. Exemptions #11342, #12364, and # 12377, among others, were for the DJI Inspire 1. Exemption # 12294 was for the Phantom 3. The aircraft in this petition should not be required to have an airworthiness certificate based upon the FAA’s previous
determinations.
14 C.F.R. § 91.119: M INIMUM S AFE A LTITUDES Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescrib ed for helicopters by the FAA.
Because of the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low

- altitude operations of the UAS will ensure separation between these small UAS operations and the operations of conventional aircraft that must comply
with Section 91.119.

14 C.F.R. § 91.121: A LTIMETER S ETTINGS This regulation requires each person operating an aircraft to main tain 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 UAS may not have a barometric altimeter,U. S. Department of Transportation

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The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the operating manuals.

14 C.F.R. § 91.151( a ): F UEL R EQUIREMENTS FOR F LIGHT IN VFR C ONDITIONS Section 91.151 (a) prohibits an individual from beginn ing "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

- (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45
minutes."
Applicant believes that an equivalent level of safety can be achieved by prohibiting the PIC from beginning a UAS flight unless (considering wind and forecast weather conditi ons and assuming normal cruising speed) “there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.” Exemption # 11 326, at page 5.
14 C.F.R. § 91.405 (a); § 91.407 (a) (1); § 91.409 (a) (2); § 91.417(a) & (b): M AINTENANCE
I NSPECTIONS 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" 5 and others shall inspect or maintain the aircraft in compliance with Part 43. Given
that the se sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. An equivalent level of safety will be achieved because these small UAS’s are very limited in size and will carry a small paylo ad and operate only in restricted areas for limited periods of time. 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. Lastly, the petitioner will operate in accordance with the manuals submitted confidentially which will provide an equivalent level of safety as the burdensome regulations.

5 14 C.F.R. § 91.405(a).U. S. Department of Transportation

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The Pinnacle at Symphony Place | 1 50 3rd Avenue South , Suite 1900 | Nashville, Tennessee 37201 | 615.251.5550
www. frostbrowntodd.com Offices in Indiana, Kentucky, Ohio, Tennessee and West Virginia CONCLUSION: The operation of OCEAN ALLIANCE using a small UAS, weighing less than 55 lbs., conducted under the proposed restrictions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein.
If I can be of any assistance to further expedite this petition, please do not hesitate to contact me at (615) 251

- 5569 or at my email jmackler@fbtlaw.com

.

Sincerely yours,

___________________ James E Mackler, Esq.

JEM:pt

0132577.0631494 4826

- 8513

- 9754 v1