U.S. Department of Transportation

Docket Management Sy stem Room W12

- 140 1200 New Jersey

Ave., SE Washington, DC 20590

Subject: Exemption request under Section 333 of the FAA Reform Act.

Dear Sir/Ma’am: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 Bushnell Aviation LLC, the operator of small Unmanned Aircraft Systems (UAS) seeks an exemption from the Federal Aviation Regulations (FARs) 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) an d (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow Bushnell Aviation, LLC to operate a UAS to perform aerial data collection. You'll find that our request is similar to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213. Furthermore, some of the UAS proposed by Bushnell Aviation, LLC have been approved in Grant of Exemption Nos. 11398 and 11277.

The r equested exemption would permit Bushnell Aviation, LLC to commercially operate UAS for the following purposes:

 Airborne photograph y and videograph y

 Emergency

services support

 Search and rescue

 Emergency

Services training

 UAS operations training

 UAS capability

demonstrations Furthermore, Bushnell Aviation, LLC will research, develop, and commercially operate UAS to conduct:

 Agriculture and land surveying

 News gathering and reporting

 Railroad inspections

 Bridge inspections

 In frastructure inspection

 Tall structure inspections (smokestacks, cell phone towers, windmills, and electrical transmission towers, ect.)

 Oil Pipeline inspections

 Wildlife inspections

 Water surveying

 Air surveying

 Government operations

 Firefighting

 Private Securit y

 Public Safety

 Natural Disaster SupportThe primary purpose of Bushnell Aviation is to assist other industries by providing safe and efficient UAS support. The uses of UAS to perform airborne photograph y and videograph y as well as aerial inspections and sur veying have two major benefits. First, small UAS are considerabl y safer than using manned aircraft in the previously mentioned tasks, and also reduces the fall risk of workers. Second, UAS allows the completion of many tasks at a fraction of the cost using traditional means. Granting this exemption is in the public interest because it will dramatically enhance safet y, lower

- cost, and improve the efficiency of many industries. Bushnell Aviation LL C will conduct the aforementioned tasks by using the following small sized UAS: DJIPhantom 2 vision+, DJ I Phantom 3 professional, DJ I Inspire 1, DJIS1000, and the ASCTEC Falcon 8. The listed UAS are very small, all weighing less than 25 pounds, and have advanced navigation s ys tems and automated control features that enhance safet y. With the exception of the DJ I Phantom 3, which is merely an improvement of the Phantom 2 vision+, all of the UAS there will be operated with this exemption have been previously approved in other Section 333 exemption requests. The chief p ilot and owner of Bushnell Aviation, Ry an Bushnell, is an experienced Airline Transport Pilot with over 1100 hours of military UAS experience. Bushnell Aviation PI Cs will all possess a minimum of a FAA Private Pilot's License and a current Class III medica l. All of Bushnell Aviation operations will strictly adhere to FAA regulations with safet y being the number one priorit y. All operations will be conducted via unaided visual line of sight below 400 feet AGL and outside of any controlled airspace unless the controlling agency gives express permission. Bushnell Aviation LL C respectfull y submits a grant of exemption is in the public interest because the use of small UAS in lieu of comparatively more expensive and hazardous fixed and rotary wing aircraft or oth er conventional manned methods of inspection greatly enhances efficiency and achieves a level of safety that is significantly

higher. Furthermore, Bushnell Aviation will assist other industries in the safe application of UAS and promote the benefits of saf e UAS operations. Approval of this exemption would enhance safety and fulfilled the Secretary of Transportation's responsibility under the section 333(c) of the FAA Modernization and Reform Act of 2012 to “establish requirements for the safe operation of s uch aircraft s ys tems in the national airspace sy stem.”

Name and address of the applicant: Ry an Bushnell Bushnell Aviation Cell: ( 702 ) 334

- 7331 Email: Ry an@BushnellAviation .com Address: 11194 Corsica Mist Ave Las Vegas, NV 8913

JUSTIFICTION UNDER SECTI ON 333 According to the FAA’s Public Guidance for Petitions for Exemption Filed under Section 333 “Section 333 grants the Secretary of Transportation the authority to determine if an unmanned aircraft s ys tem, as a result of its size, weight, speed, operation al capability , proximity to airports and populated areas, and operation within visual line of sight does not create a hazardto users of the national airspace s ys tem or the public or pose a threat to national securit y”.

Bushnell Aviation LL C submits that the small size and weight of the purposed UAS coupled with the fact that the operations will be conducted at low altitudes, slow airspeed, and within visual line of sight of the operator; our operations pose no potential hazard to the national airspace sy st em, general public, or present an y threat to national security

.

**Airworthiness of the UAS** 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 c ertificate, upon consideration of the size, weight, speed, operational capability of the particular UAS. Bushnell Aviation LLC purposes using DJ I Phantom 2 vision+, DJ I Phantom 3 professional, DJ I Inspire 1, DJIS1000, ASCTEC Falcon 8 , and the Stingray . Th e proposed s ys tems have the inherent advantage of being small in size and battery

- operated therefore do not carry flammable fuel, this significantl y reduces an y potential damage in the event of a mishap. Bushnell Aviation LLC will operate the proposed UAS below 400 feet AGL, at speeds less than that recommended by the manufacturer and alway s less than required b y COA . Operations will only be conducted in during daylight hours, in uncontrolled airspace, unless specific permission is granted by the controllin g agency , and within visual line of sight of the operator. With the exception of the DJIPhantom 3, which is merel y an improvement of the DJ I Phantom 2, all of the UAS that will be operated with this exemption have been previously approved in other Section 333 exemption requests except for the Stingray . The DJ I Phantom 2 vision+, DJI Inspire 1, DJ I S1000 were approved for use in Exemption No. 11398. The ASCTEC Falcon 8 was approved in Exemption Number 11277. An analy sis of these criteria demonstrates that the purposed UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed or helicopter) operating with an airworthiness certificat e without the restrictions and conditions proposed.

**Operation of the UAS** Bushnell Aviation LLC will ensure that the exemption does not adversel y affect safety and will operate at a level of safety at least equal to existing rules b y operating with the following limitations and conditions:

 All operations will strictly adhere to manufactures owners, operators and maintenance manual.

 All operations will occur in class G airspace, unless specificall y authorized by the controlling authority

.  All operations will be conducted during daylight hours.

 All operations will occur below 400 feet AGL.

 All operations will be conducted and visual meteorological conditions with visibility of at least three nautical miles.

 All operations will be conducted with at least 500 feet below clouds and with a horizontal separation of at least 2000 feet.

 At no time will the operator allow the aircraft within 500 feet of nonparticipating person, structure, or vehicle.

 Preflight operations will be conducted in accordance with the manufacturer's recommendation and preflight checklist. All maintenance will be c onducted in accordance with manufacturers recommendations and

documented in the aircraft logbook

**PIC Requirements** Bushnell Aviation LL C respectfull y submits that the operator requirements should take into account the advanced internal navigation and autop ilot sy stems of the proposed UAS. The DJ I and ASCTEC sy stems both have a high degree of control and are extremely stable even in high wind environments. Both companies incorporate various built

- in capabilities that limit the potential for operations outsid e of the aircraft capability

. The Stingray incorporates an advanced internal navigation and autopilot sy stem, Pixhawk. The pilot in charge (PIC) is solely responsible for the safe operation of the UAS. Bushnell Aviation LLC will only

use PI C’s who possess at a minimum FAA private pilot's license and a class III medical. Bushnell Aviation LL C will also ensure that all PICs comply with manufacturer training requirements, and have been deemed safe and proficient by the chief pilot.

**The regulations from which the exemption is requested are as follows:**  14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a) & (b); 14 C.F.R. 61.133(a); 14 C.F.R. 91.7(b); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.109(a); 14 C.F.R. 91.119; 14 C.F.R. 91.121; 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) & (b); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(2); 14 C.F.R. 91.417(a) & (b).

**14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1)** Subpart H, Airworthiness Certificates, establishes the p rocedural 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 Bushnell Aviation LLC, an exemption from Part 21 Subpart H me ets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. 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 ai rworthiness certificate, upon consideration of the size, weight, speed, operational capability , and proximity to airports and populated areas of the particular UAS. Our small UAS's will be operated at low speed in a controlled environment, away from airports and an y densely populated area. An anal ysis of these criteria demonstrates that the UAS's operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventio nal aircraft (fixed wing or helicopter) operating with an airworthiness certificate without the restrictions and conditions proposed.The UAS to be operated is less than 25 lbs. fully loaded, carries neither a pilot nor passenger, carries no flammable liqu id fuels, and operates exclusively within a secured area. Li ke other civil aircraft, operations under this exemption will be tightl y controlled and monitored by the PIC. If required, the FAA and general public will have advance notice of all operations. Th ese safet y enhancements, which alread y appl y to civil aircraft operated in connection with private property , industrial sites, railroad y ards and the like provide a greater degree of safet y to the public and property

owners than conventional operations con ducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly , application of these same criteria demonstrates that there is no credible threat to national security and the NAS posed by the UAS, due to its size, speed of operatio n, location of operation, lack flammable liquid fuels, and limited ability to carry an external load. **14 C.F.R. § 45.23(b): Marking of the Aircraft** This regulation requires certain experimental, provisionally certificated aircraft, or light

- sport category aircraft to be marked with letters between 2 inches and 6 inches high "limited," "restricted," "light

- sport," "experimental," or "provisional," near each entrance to a cabin, cockpit, or pilot station. Even though the UAS will have no airworthiness certif icate, an exemption may

be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the UAS, two

- inch lettering will be impossible. The word "Experimental" will be plac ed on the fuselage in compliance with §45.29 (f). The equivalent level of safet y will be provided b y having the UAS marked on its fuselage as required b y §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of th e UAS as "Experimental." The FAA has issued the following exemptions to this regulation: Exemptions Nos. 10700, 8738, 10167 and 10167A. **14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Pri**  **vileges and Limitations**

. Part 61.113 (a) states that no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or propert y for compensation or hire; nor may that person, for compensation or hire, act as pilot in command or an aircraft. Part 61.113 (b) states that a private pilot may , for compensation or hire, act as pilot in command of an aircraft in connection with an y business or emplo ym ent if: (1) The flight is only incidental to that business or employ

ment; and (2) The aircraft does not carry passengers or property

for compensation or hire. Section 61.133(a) requires an individual with a commercial pilot’s license to be pilot in command of an aircraft for compensation or hire. Bushnell Aviation LLC proposes that all operations require that the PIC must either hold an either a Commercial or Private Pilot Certificate issued by the FAA. Since there are currently no means available for the pilot of a UAS to gain the experience in an equivalent categ ory and class in order to appl y for a commercial UAS pilot's license, using pilots qualified under other categories and classes meets or exceeds the present level of safet y provided under 14 C.F.R. § 61.113(a) & (b). Given the unique nature of commercial UAS operations we do not believe that it rises to the level of requiring a commercial pilot to operate the aircraft under§ 61.133(a). **14 C.F.R. § 91.7(a): Civil aircraft airworthiness.** This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of the UAS without an airworthiness certificate, no standard will exist for airworthines s of the UAS. Given the sizeof the aircraft and the requirements published by the manufacture for maintenance and the use of safet y checklists prior to each flight, an equivalent level of safety will be provided. **14 C.F.R. § 91.9(b)(2): Civil Aircraft Fli ght Manual in the Aircraft.**  The UAS, given its size and configuration has no ability or place to carry

such a flight manual on the aircraft, not only

because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safet y will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. **14 C.F.R. 91.103: Preflight Action** This regulation requires each pilot in command take certain actions before flight to ensure the safet y of flight. An exemption is ne eded from this requirement as the pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the manufactures preflight check list. These actions will provide an equivalent level of safet y. **14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction** These regulations provide that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has full y functioning dual controls. By design, UASs and remotely piloted aircraft do not have fully functional dual controls. Flight control is accomplished through the use of a control station that communicates with the aircr aft via radio communications. The FAA has previously approved exemptions for aircraft without fully functional dual controls. The equivalent level of safet y provided b y the fact that neither a pilot nor passengers will be carried in the aircraft, the abili ty to control the UAS via radio signals from the controller, and by the size and speed of the aircraft. **14 CFR § 91.119: Minimum Safe Altitudes** Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically , 91.119(c) limits aircra ft fl yi ng over areas other than congested areas to an altitude of 500 feet above the surface, except over open water or sparsel y populated areas. In those cases, the aircraft may not be operated closer than 500 feet to an y person, vessel, vehicle, or struc ture. The equivalent level of safet y will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the propert y owner. Compared to flight operations with aircraft w eighting far more than the maximum 55 lbs. proposed herein and carrying flammable fuel, an y risk associated with our operations is far less than those presentl y presented with helicopters and other conventional aircraft operating at or below 500 AGL. In ad dition, the low

- altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventional aircraft. **14 C.F.R § 91.121 Altimeter Settings** This regulation requires each person operating an aircraft to maintain crui sing 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 does not have a barometric altimeter, but instead a GPS altitude read out, an e xemption is needed. An equivalent level of safety will be achieved b y the operator confirming the altitude of the launch site shown on the GPS altitude indicator before flight. **14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions**This regu lation prohibits an individual from beginning “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.” An equivalent level of safety can be achieved by

limiting flights to what the manufacturer recommends, or enough battery reserve to ensure that the UAS lands at the ground station with at least 25% of battery

power (as determined b y the onboard monitoring s ys tem and the pilot), whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from any where in its limited operating area. Similar e xemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. **14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration** This regulation requires: “no person may operate a civil aircraft unle ss it has [. . .] an appropriate and current airworthiness certificate”. “(b) No person may operate a civil aircraft unless the airworthiness certificate required b y paragraph (a) of this section or a special flight authorization issued under §91.715 is di splay ed at the cabin or cockpit entrance so that it is legible to passengers or crew”. An equivalent level of safety will be achieved by

keeping these documents at the ground control point where the pilot fl yi ng the UAS will have immediate access to them. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. **14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance In spections**  Section 91.405(a) requires 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 . . . .” Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate. Section 91.4 17(a) requires the owner or operator to keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service. Given that these se ction and Part 43 appl y only to aircraft with an airworthiness certificate, these sections will not apply

to Bushnell Aviation LL C UAS. An equivalent level of safet y, given the small size and unique characteristics of the aircraft, will be maintained by th e operator accomplishing and documenting all required maintenance specified b y the manufacturer.