1



### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: UNMANNED AERIAL

SURVEILLANCE FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING COMMERCIAL

OPERATION OF UNMANNED AIRCRAFT

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM

ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on 10

- 21

- 2015

Petitioner;

Edward C. Rigney 40880 County Center Drive, Suite F Temecula, CA 92591

Ph: 760

- 672

- 05592 

### TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS

.... ................................................................ ........ 3

SUMMARY ...............................................................................

...................... ............. 4

INTRODUCTION AND INTERESTS OF PETITIONER ................................................ 4

BACKGROUND ................................................................................................................ 4

BASIS FOR PETITION .........

............................................................................................ 5

NAME AND ADDRESS OF PETITIONER..........................................................

.......... 6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH UNMANNED AERIAL

SURVEILLANCE SEEKS EXEMPTION ........................................

............... 7

THE EXTENT OF RELIEF UNMANNED AERIAL SURVEILLANCE SEEKS

AND THE REASON UNMANNED AERIAL SURVEILLANCE SEEKS THE

R ELIEF.............................................. ...........................

....................... 10

THE REASONS WHY GRANTING UNMANNED AERIAL SURVEILLANCE 'S REQUEST WOULD BE IN THE PUBLIC INTEREST ...................................

............. 1 2

THE REASONS WHY GRANTING THE EXEMP TION WOULD NOT

ADVERSELY AFFECT SAFETY ................................................

....... ... ...... 1 4

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER....

.......... 26

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO

SUPPORT UNMANNED AERIAL SURVEILLANCE ’S REQUEST

.. .............. ........ 2 6

CONCLUSION...............................................................................................................

.... 2 73 

### GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level
AOI Area of Interest
ATC Air Traffic Control
ATO Air Traffic Organization
AV Aerial Vehicle
C.F.R. Code of Federal Regulations
COA Certificate of Authorization
COTS Consumer Of The Shelf
FAA Federal Aviation Administration
FAR Federal Aviation Regulation
FPV First Person View
GCS Ground Control Station
GPS Global Positioning System
LOL Loss of Link
NAS National Airspace System
NOTAM Notice to Airman
Section 222 FAA Modernization and Reform Act of 2012 (FMRA) Section 333
SOP Standard Operating Procedures
UA Unmanned Aircraft
UAS Unmanned Aircraft System
VFR Visual Flight Rules
VLOS Visual Line of Site
VMC Visual Meteorological Conditions
VO Visual Observer
VTOL Vertical Takeoff and Landing4

SUMMARY

UNMANNED AERIAL SURVEILLANCE seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a) (1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA

M odernization and Reform Act of 2012 (FMRA). This exemption will permit UNMANNED

AERIAL SURVEILLANCE to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial acquisition in the United States NAS.

INTRODUCTION AND INTERES TS OF THE PETITIONER

UNMANNED AERIAL SURVEILLANCE provides its clients with high quality video, 2D, 3D and

multi spectral imagery acquired with fixed wing UAV. The imagery obtained is used for a variety of data gathering purposes including but not limited to, ground and livestock condition analysis, search and rescue, disaster assessment, equipment and construction inspection and forest fire tracking.

Unmanned Aerial Surveillance uses fixed wing AV systems under 55 pounds in weight. Currently

Unmanned Aeri al Surveillance seeks and exemption for the Skywalker X8 flying wing and Penguin

B

. Unmanned Aerial Surveillance may however use any COTS fixed wing UAV solution that does not exceed 55 pounds, or max speed greater than 87 knots.

BACKGROUND

Unmanned Ae rial Surveillance seeks an exemption to operate fi xed wing AV systems for compensation or hire within the NAS. Unmanned Aerial Surveillance uses a variety of fi xed wing

UAV aircraft comprised of COTS airframes and components and a transportable Ground Control Station (GCS). All UAV have a maximum gross weight of no more than 55 pounds, and a maximum speed of no more than 87 knots. Unmanned Aerial Surveillance AV systems are o perated no higher

than 500 feet AGL and within LOS of the GCS and VO. All operations include an operator acting as

PIC and at least one VO.

UAV ’s will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14
C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identi fi cation and Registration Marking.5

BASIS FOR PETITION
Petitioner, UNMANNED AERIAL SURVEILLANCE , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions to commercially operate its UAS as described in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a) (2), and 91.417(a) & (b).

In consideration of the size, weight, speed, and limited operating area associated with unmanned aircraft and their operation, Unmanned Aerial Surveillance ’s operation of it s UAS meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in

a ccordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Unmanned Aerial Surveillance requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only ap ply to aircraft with an airworthiness certificate.

Unmanned Aerial Surveillance submits that the requested relief is proper since an equivalent level of safety will be ensured. Unmanned Aerial Surveillance will use trained technicians to perform

maintenan ce, alterations, or preventive maintenance on its UAV’s using the methods, techniques, and practices prescribed in the operating documents (i.e., Unmanned Aerial Surveillance UAS Operation Manual, Maintenance Schedule and Manual, Airframe Maintenance Manua l, and Controller Instruction Manual). Furthermore, Unmanned Aerial Surveillance will document and

maintain all maintenance records for it s UAV’s.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by Unmanned Aerial Surveillance to the extent necessary to allow a Pilot in Command (PIC) holding an FAA privat e pilot or higher level certificate, as well as a class three or higher airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the UAV in a

manner consistent w ith this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Unmanned Aerial

Surveillance seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, becaus e the UAV does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As
such, Unmanned Aerial Surveillance submits that it will ensure that every UAV flown by Unmanned

Aerial Surveillance is in an airworthy condition, pr ior to every flight, by determining that the UAS is in compliance with the operating documents (i.e., the Unmanned Aerial Surveillance UAS Operation
Manual, Maintenance Schedule and Manual, Airframe Maintenance Manual, and Controller Instruction Manual), a nd that the aircraft is in a condition for safe flight

.6

Unmanned Aerial Surveillance also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the Skywalker x8 and Penguin B UA will not have a typical
barometric alti meter onboard. However, altitude information of any UAV will be provided to the PIC via Global Positioning System (GPS) equipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight pat h. This altitude information, combined with Unmanned Aerial Surveillance ’s operation of the UAV within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Unmanned Aerial Surveillance s eeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for fl ight in VFR conditions

. Unmanned Aerial Surveillance submits that safety will not be affected by operation of it s UAV systems during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough power to fly for a total duration of 50 minutes to the first point of intended landing and, assuming normal cruising speed, to fly af

ter that for at least 5 minutes.

In accordance with 14 C.F.R. § 11.81, Unmanned Aerial Surveillance provides the following information in support of its petition for exemption:

A. Name a nd Address o f t he Petitioner.

The name and address of the Petitioner and point of contact is:

Edward C. Rigney

UNMANNED AERIAL SURVEILLANCE 40880 County Center Drive, Suite F
Temecula, CA 92591
Ph: 760

- 672

- 05597

B. The Speci fi c Sections Of 14 C.F.R. From Which Unmanned Aerial Surveillance Seeks Exemption.

1. Unmanned Aerial Surveillance Seeks Exemption f rom The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part:

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraf t.

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or employment if

—
(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

2. Unmanned Aerial Surveillance Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the fo llowing:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. Unmanned Aerial Surveillance Seeks Exemption From The Requirements Of Section

91.121.

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

--
(1) Below 18,000 feet MSL, to

--
(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure

.8

4. Unmanned Aerial Surveillance Seeks Exemption Fr om The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for fl ight in VFR conditions, subsection (b), states the following:

(b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes.

5. Unmanned Aerial Surveillance Se eks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft

—

(a) 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[.]

6. Unmanned Aerial Surveillance Seeks Exemption From The Requirements Of Section

91. 407 (a)(1). Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance,

r ebuilding, or alteration unless

--
(1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

7. Unmanned Aerial Surveillance Seeks Exemption From The Requirements Of Sections 91.409(a) (1) And 91.409(a)(2).

Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

--
(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.9

8. Unmanned Aerial Surveillance Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91. 411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, prog ressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The
records must include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and (iii) The signature and certificate number of the person approving the aircraft for return to service. (2) Records containing the following informati on: (i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items inst alled on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appli ances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recur ring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotor s, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with
the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall
be re tained until the defects are repaired and the aircraft is a pproved for return to service.10

C. The Extent Of Relief Unmanned Aerial Surveillance Seeks And The Reason Unmanned
Aerial Surveillance Seeks The Relief.

1. Extent Of Relief Unmanned Aerial Surveillance Seeks And The Reason Unmanned
Aerial Surveillance Seeks Relief From Section 61.113(a) And (b).

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the exte nt necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman medical certificate, and who has met certain flight

hour and currency requirements, to conduct the proposed UAS flight operat ions for com pensation or
hire.

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hir e, act as PIC of an aircraft in connection with any business or employment if: (1) The flight i s only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth more fully below, Unmanned Aerial Surveillance submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate an UAV unless that PIC has met certain flight

- hour and currency requirements, demonstrating that the PIC is able to safely operate the UAV in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Further, Unmanned Aerial Surveillance submits that all flights of it s UAV be conducted by the PIC

pursua nt to the grant of this Petition: (1) will be incidental to Unmanned Aerial Surveillance ’s business; and (2) will not carry passengers or property for compensation or hire.

2. Extent Of Relief Unmanned Aerial Surveillance Seeks And The Reason Unmanned Aer ial
Surveillance Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to
allow Unmanned Aerial Surveillance to determine that it’ s UAV is in an airworthy condition prior to every flight by ensuring that the UAV is in compliance with the operating documents (i.e., the
Unmanned Aerial Surveillance UAS Operation Manual, Maintenance Schedule and Manual, Airframe Maintenance Manual, and Controller Instruction Manual).

Unmanned Aerial Surveillance seeks the requested relief because the UAV does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Unmanned
Aerial Surveillance will ensure that the UAV is in an airworthy condition based upon its compliance with the operating documents (i.e., the Unmanned Aerial Surveillance UAS Operation Manual, Maintenance Schedule and Manual, Airframe Maintenance Manual, and Controller Instruction Manual) prio r to every flight, and further, determine that the aircraft is in a condition for safe flight,
as stated in the conditions and limitations below.11

3. Extent Of Relief Unmanned Aerial Surveillance Seeks And The Reason Unmanned Aerial
Surveillance Seeks Rel ief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of
the UAV , which utilizes a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Unmanned Aerial
Surv eillance seeks the requested relief because the UAV ’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight.

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the Skywalker X8 and Penguin B is equipped w ith a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pressure setting will be established prior to each flight, and provides the
PIC with altitude information of the UA on the heads

- up display of the GCS.

4. Extent Of Relief Unmanned Aerial Surveillance Seeks And The Reason Unmanned Aerial
Surveillance Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for fl ight in VFR conditions, is requested to the extent required to allow flights of the Skywalker X8 and the Penguin B UA during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cru ising speed, to fly after that for at least 4.5 minutes. Unmanned Aerial Surveillance seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the UAV will severely constrain the practicality of any aerial acquisition and flight operations that Unmanned
Aerial Surveillance proposes to conduct pursuant to this Petition.

Significantly, as set forth below, the technical specifications of the UAV , the UAV operating documents, and Unmanned Aerial Surveillance ’s proposed operating limitations, ensure that
Unmanned Aerial Surveillance will safely operate its UAV during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough power to fly for a total duration of 50 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes.

5. Extent Of Relief Unmanned Aerial Surveillance Seeks And The Reason Unmanned Aerial
Su rveillance Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Unmanne d Aerial Surveillance requests relief from these
Sections because the UAV does not require an airworthiness certificate. As set forth more fully below, the UAV meets the conditions of FMRA Section 333 for operation without an airworthiness
certificate. Acc ordingly, Unmanned Aerial Surveillance will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and12

practices prescribed in the UAS operating documents (i.e., the Unmanned Aerial Surveillance UAS Operation Manual, Maintenance Schedule and Manual, Airframe Maintenance Manual, and Controller Instruction Manual). Furthermore, Unmanned Aerial Surveillance will document and
maintain all maintenance records for the UAV

.

D. The Reasons Why Granting Unmanned Aerial Surveillance’s Request Would Be In The
Public Interest; That Is, How It Would Bene fi t The Public As A Whole

.

Granting the present Petition will further the public interest by allowing Unmanned Aerial
Surveillance to safely, efficiently, and economically perform geo

- reference mosaic imagery, 3D elevation profiles, and multi spectral data for a variety of data gathering purposes including but not limited to, ground and livestock condition analysis, search and rescue , disaster assessment, equipment and construction inspection and forest fire tracking over rural areas of the United States, commercially, in support of government entities, commercial entities, agriculture, and scientific studies. Additionally, use of the UAV will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Offer a lower cost option to clientele that could not afford a full scale aircraft sensing platform. Notably, the benefits of Unmanned Aerial Surveillance ’s proposed operation of the UAV will be realized without implicating any privacy issues.

1. The Public Will Bene fi t From The Aerial Acquisition Performed.

Unmanned Aerial Surveillance submits this Petition to commercially oper ate the UAV for geo

reference mosaic imagery, 3D elevation profiles, and multi spectral data for a variety of data gathering purposes including but not limited to, ground and livestock condition analysis, search and rescue, disaster assessment, equipment a nd construction inspection and forest fire tracking. Therefore, the operations that Unmanned Aerial Surveillance will perform with the UAV will directly benefit the public and provide options for non

- evasive data gathering that would otherwise
be unavailab le to many sectors of the public and government due to the high cost of current full scale manned aircraft sensing platforms.

The mission statement and objective of UNMANNED AERIAL SURVEILLANCE is “To provide affordable high quality aerial scanning servic e options to the public and private sector, while respecting the privacy and safety of the clients and communities we serve

. ”

2. The Public Will Bene fi t From Decreased Congestion Of The NAS.

The UAV serves as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a UAV would reduce the amount of manned aircraft in the NAS, reduce n oise and air pollution, as well as increase the safety of life and property in the air and on the ground.

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. Likewise, a reduction of manned aircraft conducting aerial survey missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.13

3. The Public Will Bene fi t From The Safety And Ef fi ciency Of The UAV

.

Conducting aerial acquisitions with the UAV , instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during tradit ional aerial survey flight operations. By using small gas engine and battery power and electric motors, the UAV produces less air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion t win engine aircraft that are typically utilized for aerial acquisitions, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The UAV

, while reducing the carbon footprint of aerial acquisitions, also helps to eliminate noise pollution.

By using the UAV to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or com pletely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the UAV (weighing less than 55 pounds at its maximum gross weight and with no fuel on board), has less physical potential for collateral damage to life and propert y on the ground, and in the air, compared to the manned aircraft that typically conduct aerial acquisitions (weighing approximately 6,500 pounds with a wingspan of approximately 40 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

4. Perform ing Aerial Acquisition Operations w ith The UAV w ill b ene fi t t he e conomy. In addition to being safe and ef

fi cient, the UAV is also an economical alternative to using manned aircraft to conduct aerial acquisitions. As such, operation of the UAV will allow Unit ed States based companies, like Unmanned Aerial Surveillance , to remain competitive and contribute to growth of the U.S. economy. Speci fi cally, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the UAV is one such technology that not only allows companies greater operational
fl exibility compared to manned aircraft, but provides such fl exibility without the high operational
cost of a traditional manned aircraft.

By operating the UAV, companies such as Unmanned Aerial Surveillance, can remain competitive and profitable, and therefore, provide greater job sta bility to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the UAV, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.

5. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight opera tions that have been conducted for decades,
Unmanned Aerial Surveillance ’s proposed operation of the UAV will not implicate any privacy issues. Specifically, the UAV will be operated only in rural areas, and in accordance with the Federal Aviation Regulati ons, including the minimum altitude requirements of 14 C.F.R. § 91.119. Most significantly, the UAV will not be operated closer than 500 feet to any person, vessel, vehicle, or structure, which is not directly involved in the operation.14

E. The Reasons Wh y Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The
Rule From Which Unmanned Aerial Surveillance Seeks Exemption.

1. Reasons Why The UAV Meets The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Unmanned Aerial Surveillance ’s opera tion of the UAV meets the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Section 333 provides authority for a UAS to operate without airworthiness certification and sets
f orth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part:

(a) In General.

-- Notwithstanding any ot her requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334
of this Act.
(b) Assessment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimu m

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

(2) W hether a certi fi cate of waiver, certi fi cate of authorization, or airworthiness certi fi cation under section 44704 of title 49, United States Code, is required for the opera tion of unmanned aircraft systems identi fi ed under paragraph (1).

(c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, Unmanned Aerial Surveillance submits that the UAV can operate safely in the NAS pursuant to FMRA Section 333, as demo nstrated by: (a) the characteristics of the UAV ; (b) the pilot certification requirement; and (c) the specific operating limitations.

a. The Speci fi cations Of The UAV Demonstrate Its Safe Characteristics.

The UAV does not create a hazard to users of the N AS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.15

i. Technical Speci fi cations o f t he UAV

.

UNMANNED AERIAL SURVEILLANCE will use a variety of airframe and flight system combinations as COTS technology changes. This petition is requesting exemptions from 14 C.F.R.
for Unmanned Aerial Surveillance Arial Scanning use of fixed wing UAVs that have a maximum gross weight of no mo re than 55 pounds, and a maximum speed of no more than 87 knots.
Unmanned Aerial Surveillance AV systems are operated no higher than 500 feet AGL and within LOS of the GCS and VO. All operations include an operator acting as PIC and at least one VO. As

an example, Unmanned Aerial Surveillance is c urrently using the following system;

Ai r frame: Skywalker X

- 8 FPV / UAV Flying Wing Wingspan: 2120mm

Maximum AUW: 3500g Maximum Speed: 43

- 48 knots Autopilot Software: APM Planner by 3dr Autopilot Hardware: Pixhawk by 3dr
Manual Pilot Control: Futaba 10CG

Airframe: Penguin B Wingspan: 3300mm
Maximum AUW : 16kg Maximum Speed : 50

- 55 knots Autopilot Software : Pic colo II Autopilot Hardware : Pi c colo II
Manual Pilot Control : Futaba 10CG16

ii. The APM Planner and Pi c colo Autonomous Flight And Navigation Modes Enable The
UAS To Remain Within A De fi ned Operational Area.

The UAV may be operated in both manual and fully autonomous flight modes.

iii. The UAV Is Designed For Automatic Return t o Home Point Orbit In The Event Of , Loss
Of The Control Link Or Navigation.

When the Control Link is lost, the UAV will execute a stable orbit in flight, for 90 seconds. If, after 90 seconds, the UAV does not reacquire C ontrol L ink data from the GCS, the UAV will assume that the Control Link is lost and the UAV will return to the home position orbit via GPS, and will remain there until 25% power remains, then perform an autonomous landing at the pre

- programmed landing
sit e. If Control Link is re established after a loss of more than 15 seconds, the PIC will return the UAV to the landing zone via manual mode and land the UAV immediately.

When GPS signal is lost, the UAV will continue to estimate its position and velocity b ased upon onboard accelerometers and gyroscopic instruments. It will execute a stationary orbit for 120 seconds or until the PIC switches to manual mode and pilots the UAV to the landing zone and lands.
If after 120 seconds the PIC has not switched to manu al mode, th e UAV will autonomously stop it s

moto r and glide to the ground in it s orbit.17

b. Flight Operations Of The UAV Are Limited To The Line Of Sight Of A Certi fi cated Pilot in Command With A Visual Observer (VO).

Unmanned Aerial Surveillance will only utilize certificated pilots who possess a current and valid airman medical certificate to act as a pilot in command (PIC) of the UAV . Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of The UAV Will Be Conducted Pursuant To Speci fi c Operating L imitations.

In seeking this exemption, Unmanned Aerial Surveillance proposes to commercially operate the UAV for the special purpose of conducting aerial acquisitions in the NAS, pursuant to the following specific operating limitations:

1. O perations authorized by this grant of exemption will be limited to UAV systems within the technical and operational limits described in this petition. Proposed operations of any other aircraft will require a new petiti on or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial acquisitions.

3. The UA may not be flown at an indicated airspeed exceeding 87 knots.

4. The UA must be opera ted at an altitude of no more than 500 feet above ground level (AGL). All altitudes reported to ATC must be in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human v ision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate.

6. The use of first person view FPV by the PIC or VO as a substitute for VLOS is not permitted.

7. All operations must utilize a vi sual observer (VO). The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight ope rations. 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 functions described in this petition.

8. The VO must not perform any other dut ies beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the
camera or other instruments.

9. T he operating documents specific to the UAS being used by Unmanned Aerial Surveillance and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and th e procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operat or may update or revise its operating documents. It is the operator’s18

responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it
pet itions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. Th e FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the inspe ction 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. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft
records.

11. 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. The PIC who conducts the functional test flight must make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating
documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircr aft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

16. Th e authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current third

- class medical

ce rtificate. The PIC must also meet the flight review requirements specified in 14 C.F.R. § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

18. The operator may not permit any PIC to operate unless the PIC meets the operator’ s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vess els, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). The VO is also required to complete the operator’s training requirements. A record of training must
be documented and made availab le upon request by the Administrator. Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

- building) are19

permitted under the terms of the exemption. However, training operations may only be
conducted durin g dedicated training sessions. During training, proficiency, and experience

building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. §20

1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

1. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a
current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducte d in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request.

2. The UA may not be operated less than 500 feet below or less than 2,000 feet ho rizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

3. If the UA loses communications or loses its GPS signal, it must return to a pre

- determined location within the planned operating area and land or be recovered in acc ordance with the operating documents.

4. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

5. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point
and land the UA with 10 minutes of flight time, or 25% power remaining.

6. The operator must obtain an Air Traffic Organization (ATO) issued Certifica te of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption above 200 feet AGL. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 ho urs prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

7. All aircraft operated in accordance with th e exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

8. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

9. The docu ments required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon reques t.

10. The UA must remain clear and yield the right of way to all manned aviation operations and
activities at all times.

11. The UAS may not be operated by the PIC from any moving device or vehicle.

12. The UA may not be operated over congested or dens ely populated areas.

13. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons21

other than the PIC, VO, operator trainees or essential 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 persons 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 and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/ controller of such vessels, vehicles or s tructures has granted permission 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 hazard, and;

c. Operations nearer to the PIC, VO, operator trainees or essential pe rsons do not present an undue hazard to those persons per § 91.119(a).

1. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land

owner /controller or authorized representative will be obtained for each flight to be conducted.

2. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requ irements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety.

Unmanned Aerial Surveillance submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the UAV unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the UAV in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate dis tances from people, vessels, vehicles and

structures.

Considering Unmanned Aerial Surveillance ’s proposed area of operations, and the operating
limitations set forth

- above; the parallel nature of private pilot aeronautical knowledge requirements
to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the UAV

, Unmanned Aerial Surveillance submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Unmanned Aerial Surveillance ’s specific proposed flight operations.

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161).22

Unmanned Aerial Surveillance will not allow any PIC to operate the UAV unless that PIC has demonstrated, by meeting minimum flight

- hour requirements or the UAV training and currency requirements, that the PIC is able to safely operate the UAV in a manner consistent with this exemption, including evasive and emergency maneuve rs and maintaining appropriate distances from people, vessels, vehicles and structures.

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a min imum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 take

- offs and landings in the preceding 90 days (for curr ency purposes).

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during
Unmanned Aerial Surveillance ’s proposed operation s. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows:

In Exemption No. 11062, the FAA required that prior to conducting operation s for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS fixed wing pilot including at least 10 hours logged as a fixed wing UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the
FAA conside rs these minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 hours of fixed wing time and the 10 hours may be included in the total 25 hours of UAS fixed wing time. In addition to the h our requirements, the PIC must accomplish 3 take

- offs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight

- hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in t he skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and

ex perience

- building flights can also be conducted under the grant of exemption to accomplish the required flight time. During training, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in accordanc e with 14 C.F.R 91.119. Exemption No. 11138 at page 15.

Accordingly, Unmanned Aerial Surveillance will ensure safe operations by not allowing any PIC to operate the UAV unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirem ents, that the PIC is able to safely operate the UAV in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety.23

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Unmanned Aerial Surveillance will ensure that the UAV is in an airworth y condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and
limitations herein.

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all mat erial respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

4. Reasons Why a n Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety.

The equivalent level of safety established by Section 91.121 will be maintained because the altitude
information of the UAV will be provided to the PIC via GPS equipmen t and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This altitude information, combined with Unmanned
Aerial Surveillance ’s operation of the UAV within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatica lly established by the UAS at ground level.

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11 067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).24

5. Reasons Why a n Exemption f rom t he Requirements Of Section 91.151(b) Would Not Adversely Affect Safety.

A grant of this exemption would ensure an equivalen t level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the UAV ; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly,
Unmanned Ae rial Surveillance will ensure that it will safely operate the UAV during daylight hours in VFR conditions, with enough power to fly for a total duration of 50 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes

Here, as in Exemption No. 11109, the technical specifications of the UAV ; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the
UAV provides two audible and visual warnings to the PIC at the GCS when the UA experiences low battery voltage or fuel level , the first warning occurring at 50% remaining power, and ag ain at 30% remaining power.

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limit ations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91 .151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 111 58, 11159, 11160, 11161).

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, Unmanned Aerial Surveillance submit s that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Unmanned
Aerial Surveillance will us e trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., the Unmanned Aerial Surveillance UAS Operation Manual, Maintenance Sch edule and Manual, Airframe Maintenance Manual, and Controller Instruction Manual). Furthermore,
Unmanned Aerial Surveillance will document and maintain all maintenance records for the UAV

.25

Since the UAV will be inspected as prescribed by the operating doc uments, Unmanned Aerial
Surveillance will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2).

Likewise, the exemption sought will not adversely affect safety because Unmanned Aerial
Surveillance will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating
documents.

Furthermore, the exemption sought would maintain an equivalent level of sa fety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the UAV will be performed by trained technicians, which will document and maintain maintenance records for the UAV

.
Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered.

In consideration of Unmanned Aerial Surveillance ’s proposed operating limitations, the operating documents, and the technical aspects of the UAV

, Unmanned Aerial Surveillance submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.4 05(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

7. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (F MRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Unmanned Aerial Surveillance requests that the FAA prescribe special conditions for the intended operation of the UAV , which contain such safety standards that the Administrator finds necessary to est ablish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).26

Such special conditions will permit safe operation of the UA for the limited purpose of conducting aerial acquisitions in the NAS of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NA S or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS.

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the UAV , since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to th e novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an air craft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special
conditions are issued in accordance with P art 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations.

See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Unmanned Aerial Surveillance ’s intended operation of the UAV , which contain such safety standards that the Administrator finds necessary to establish a lev el of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a) (1) & (a)(2), and 91.417(a) & (b).27

F. A Summary That Can Be Published In The Federal Register, stating: The Rules From
Which Unmanned Aerial Surveillance Seeks Exemption:

UNMANNED AERIAL SURVEILLANCE seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemption Unmanned Aerial Surveillance Seeks: This exemption w ill permit UNMANNED AERIAL SURVEILLANCE to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial acquisitions in the United States National Airspace.

G. Any Additional Information, Views, Or Arguments Available To Support
Unmanned Aerial Surveillance ’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Unmanned Aerial Surveillance ’s request
for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above.

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without
airworthiness certi fi cation.

As discussed in detail above, Unmanned Aerial Surveill ance will operate the UAV safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.2829

CONCLUSION

As set forth herein, Unmanned Aerial Surveillance seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the UAV commercially, without an airworthiness certificate, for the limited purpose of conducting aerial acquisitions in the N AS of the United States.

By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing Unmanned Aerial Surveilla nce to safely, efficiently, and economically operate the
UAV commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Unmanned Aerial Surveillance respectful ly requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Unmanned Aerial Surveillance to operate the UAV commercially for the purpose of conducting aerial acquisitions over certain rural areas of the United States.

Yours truly,

Edward C. Rigney Unmanned Aerial Surveillance, LLC 40880 County Center Drive, Suite F Temecula, CA 92591
Ph: 760

- 672

- 0559