UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION

ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. _______________

PETITION FOR EXEMPTION OF:

ALEXIS F. COVO dba/ALEX COVO PHOTO

SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS C.F.R. §§ 61.113 (a) & (b); 91.7(a); 91.119 (c); 91.121; 91.151(a);

91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

CONCERNING COMMERCIAL OPERATION OF 3D ROBOTICS SOLO UNMANNED

AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on Nov 5th , 2015
Alex Covo Photo

Alexis F. Covo

Owner 263 1st Ave Apt 7 New York, NY 10003 Tel:(917)500-4300
Email: info@alexandiggy.com



### Alexis F. Covo - 333 Exemption Petition Page of 1 24

# Table of Contents

GLOSSARY OF ABBREVIATIONS 3

EXHIBIT LIST 4

I. PUBLISHED SUMMARY 5

Expeditious Summary Grant Approval Request 6

II. PETITIONER’S CONTACT & BACKGROUND INFORMATION 6

III. PROPOSED OPERATIONS 7

IV. THE UAS 8

V. PIC REQUIREMENTS 9

VI. FLIGHT OPERATIONS 11

VII. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 12

VIII. PROPOSED CONDITIONS OF THE EXEMPTION 13

IX. PRIVACY 17

X. PUBLIC INTEREST AND SAFETY 17

XI. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED 18

14 C.F.R. § 91.7(a): Civil aircraft airworthiness. 19

14 C.F.R. §91.119: Minimum safe altitudes 19

14 C.F.R. §91.405 (a); 91.407 (a) (1); 91.409(a) (2); 91.417(a) & (b): Maintenance21

Inspections 21

Appendix A-1: 21

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### GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

PO Payload Operator

SECTION 33 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 Landing

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# EXHIBIT LIST

Exhibit_1_Alexis_F_Covo_Pre-flight_Checklist .pdf

Exhibit_2_Solo_Manual_v4_07_07_15.pdf

Flight_Log.pdf

APPENDIX A-D Motion Picture and Television Operation Manual V1

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# I. PUBLISHED SUMMARY

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, ALEXIS F. COVO (Petitioner) seeks exemption from the following rules:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Alexis F. Covo (“Petitioner”) Operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to offer on-demand commercial UAS operations for a host of industries and applications and to perform the purposes listed below, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUAV’s/UAS, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA in an exemption granted under either Section 333 or Section 49 U.S.C. §44701(f)

The requested exemption should be granted because operation of a small UAS weighing approximately 3.3 lb. (1.5 kg.), inclusive of battery and payload, conducted in the strict conditions outlined below, will provide an equivalent level of safety, while still allowing commercial operations.

The request for this exemption is in the Public Interest as the lightweight aircraft covered by the exemption are far safer than conventional operations conducted with helicopters and fixed-wing aircraft weighing thousands of pounds and carrying highly flammable fuel, and operating in close proximity to the ground and people. The seven factors Congress directed the FAA to consider when approving Section 333 exemption petitions - size, weight, speed, operational capability, proximity to airports, proximity to populated areas, and operation within visual line of sight – each support the request. In particular, the aircraft are small, and will operate at slow speeds, and close to the ground. The substantial increase of safety and decrease of risk to human life, coupled with the low risk use of UAs to conduct these operations, benefit the public and way heavily in favor of providing an exemption to the Petitioner, whose operations pose no potential hazard to the national airspace system, general public, or present any threat to national security.

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## Expeditious Summary Grant Approval Request

The petitioner requests the agency issue a summary grant process for this application. Petitioner has provided in a confidential document attachment labeled as petitioner proprietary information, specific exemption numbers whereby the FAA has already granted a previous exemption similar or identical to each and every request, herein.

The petitioner requests the agency issue a summary grant process for this application. Petitioner has provided a table (APPENDIX A-1) of FAA exemptions granted for similar or identical petition for exemption.



## II. PETITIONER’S CONTACT & BACKGROUND INFORMATION

“Alex Covo Photo”

owner/ 

### ALEXIS F. COVO

263 1st Ave Apt 7

New York, NY 10003

917-500-4300

alex@alexcovo.com

Alexis F. Covo (Petitioner) is an internationally recognized and published photographer. He has worked professionally/commercially in the United States and throughout Europe. Services offered to his commercial and editorial clients include photography, videography and cinematography. The petitioner is also a member of the Academy of Model Aeronautics, open member number #1079292 in good standing. The Petitioner is seeking a Section 333 exemption in order to continue to remain competitive and provide his clients with services in the field of photography, videography and cinematography.

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# III. PROPOSED OPERATIONS

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 of the particular UAS. Petitioner proposes using the 3DR Solo. The proposed system has the inherent advantage of being small in size and battery-operated therefore do not carry flammable fuel, this significantly reduces any potential damage in the event of a mishap.

This exemption request, once granted would allow the petitioner to operate a small unmanned aerial vehicle (sUAV), unmanned aircraft system (UAS) to conduct aerial video and photography for public and private use including television, public events, and cinematography live feed and live news gathering, motion picture production, closed set filming .*

Petitioner will operate the proposed UAS below 400 feet AGL, at speeds less than that recommended by the manufacturer, and at all times less than 50 knots. Operations will only be conducted in during daylight hours, in uncontrolled airspace, unless specific permission is granted by the controlling agency, and within visual line of sight of the operator.

* SEE SUPPORTING DOCUMENTATION: APPENDIX A-D MOTION PICTURE AND TELEVISION OPERATION MANUAL V1, EXHIBIT 1 PREFLIGHT CHECKLIST,
EXHIBIT 2 USER MANUAL.



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# IV. THE UAS

The UAS that will be operated with this exemption has been previously approved in other Section 333 exemption requests. 

### The FAA has previously approved the 3DR Solo in Exemption Nos. 11335A, 11778A, 11832, 11935. An analysis 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 certificate without the restrictions and conditions proposed. 

### The requested exemption will permit petitioner to operate the 3DR Solo commercially.

THE UAS HAS THE FOLLOWING SPECIFICATIONS OR EQUIVALENT

Airframe: 3DR Solo Control system: 3DR Pixhawk 2 autopilot system, which contains the gyroscope, accelerometer/magnetometer, and barometer. Maximum speed: 48 knots Weight, inclusive of battery and technical payload: 3.3 lbs (1.5kg) Transmitter (Tx): 2.4 Ghz 3DR Solo Controller Receiver (Rx): internal to the flight control system Motors: 880 KV motors Propellers: 10 in. x 4.5 in.

Combined data and video link: 3DR Link secure Wi-Fi Gimbal: 3-axis Solo

Batteries: Lithium polymer, 5200 mAh, 14.8 Vdc Telemetry display: 3DR Solo App using the APM: Copter flight control software Automatic return to home procedure: If the signal between the UA and the controller is lost during flight, the Solo will: (1) rise to 98 ft. AGL (30 m) or maintain current altitude if

above 98 feet; (2) travel horizontally to the launch point and hover for 5 seconds; and (3)

land.

Please refer to the Exhibit 2 for more information regarding this UA and its flight

control system.

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# V. PIC REQUIREMENTS

Petitioner respectfully submits that the operator requirements should take into account the advanced internal navigation and autopilot systems of the proposed UAS. The 3DR system has a high degree of control and is extremely stable even in high wind environments. 3DR incorporate various built-in capabilities that limit the potential for operations outside of the aircraft capability.

The pilot in charge (PIC) is solely responsible for the safe operation of the UAS. The Petitioner will only use PIC’s who possess, at minimum, a sport pilot license and either a U.S. driver’s license or a third-class medical certificate. Petitioner will also ensure that all PICs comply with governmental and manufacturer training requirements, and have been deemed safe and proficient by the chief pilot.

Advanced sUAV’s has a navigation and control system and auto-pilot that allows it to execute very accurate pre-programed flights. Flights are pre-programmed with GPS waypoint to establish perimeters beyond which the aircraft will not operate. Flights under auto-pilot are not directed by positive manual input, but through pre- programmed flight parameters that are executed by the auto-pilot. In the case of unplanned events, the Operator inputs preprogrammed evasive maneuvers from the control unit, and the autopilot executes those maneuvers. Pre-programmed Operator interventions include: initiation of holding at present position; suspension of mission; fly back to launch point; abort mission and land immediately; and emergency power cut off and land (flight termination system). Additional automated safety functions and safety enhancing features of the Advanced sUAV’s may include the following:



### 1) Auto-pilot detection of lost GPS or of insufficient satellites initiates an

immediate landing, 2) Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% levels. Low power below 10% triggers an immediate landing, 3) If the auto-pilot detects a lost-link to the ground controller, the UAS will hold position at its current location for 5 seconds and if the signal is not restored,

execute a return to home and land, 4) Redundant “kill switches” that enable completely shutting the aircraft down in flight in the event of a loss of control or un-commanded deviation from the flight path, 5) The aircraft, weighs less than 55 lbs., fully loaded, 6) The motors are driven by pulse width modulated signals, not analog signals, 7) The aircraft will operate for the Purposes at no more than 30 mph (while imaging) nor above 200 feet above the structure (imaging altitude) or a

maximum of 400 feet AGL.

Petitioner additionally asks that the exemption be issued without the requirement for a visual

observer. As set forth herein, an equivalent level of safety is provided by the size, speed and control capabilities of the aircraft, as well as the operational procedures that will be applicable to
all flight hereunder. These obviate the need for the visual observer.



### Alexis F. Covo - 333 Exemption Petition Page of 9 24A qualified Pilot In Command (PIC)/Operator holding at least a sport pilot certificate issued but

the FAA will be operating the aircraft, always within line of sight. He or she will walk and follow the
aircraft around an area so that while it is flying its pre-programed and at times, manual flight path,
the UAS will always be directly in his or her line of sight. The Operator will not be distracted by viewing the pictures taken during the flight. Rather, once the sUAV is launched, the Operator’s only duty will be to watch the flight of the UAS and intervene to address flight path deviations or other
issues that arise during the flight. The functions that an observer performs where the aircraft is
flown at long distances from the launch area will not be necessary as the Operator will always
have the aircraft in his or her direct sight. The observer also will not be necessary because the Operator will conduct a pre-flight inspection of the area, will and if needed, cordon off the area

and will perform frequent visual scans of the area while the vehicle is operating.

Petitioner again notes that the NPRM does not require the use of a visual observer. Given the clear direction in Section 333 of the Reform Act; the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing battery powered sUAV’s for these functions instead of turbine or gas power aircraft/rotorcraft and operations with pilots having at
least a private pilot license, the grant of the requested exemptions is in the public interest.



### Alexis F. Covo - 333 Exemption Petition Page of 10 24

# VI. FLIGHT OPERATIONS

The UA will be used for aerial photography, aerial cinematography and videography for the television and motion picture industry for closed set filming, small events and activities, individual commercial, public, and residential properties in Class G airspace (unless otherwise prescribed by an ATO-issued COA) under 400 feet above ground level (“AGL”) and under controlled conditions over restricted property. Petitioner will work with the local FSDO when planning operations. Petitioner will ensure that the exemption does not adversely affect safety and will operate at a level of safety at least equal to existing rules by operating with the following limitations and conditions.

1. All operations will strictly adhere to manufactures owners, operators and maintenance

manual.

2. All operations will occur in class G airspace, unless specifically authorized by the controlling authority.

3. All operations will be conducted during daylight hours.

4. All operations will occur below 400 feet AGL.

5. All operations will be conducted and visual meteorological conditions with visibility of at

least three nautical miles.

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

7. At no time will the operator allow the aircraft within 500 feet of nonparticipating person,

structure, or vehicle.

8. Preflight operations will be conducted in accordance with the manufacturer's

recommendation and preflight checklist.

9. All maintenance will be conducted in accordance with manufacturers recommendations and documented in the aircraft logbook

Please refer to the following exhibits for more information regarding flight operations:

- Exhibit 1: ALEXIS_F_COVO_Pre-flight_Checklist.pdf - Exhibit 2: Exhibit_5_Solo_Manual_v4_07_07_15.pdf Section 1.4: Operating Parameters Section 2: Setup Section 3.4: Flight School Section

3.7: Home Position Section 3.9: Emergency Procedures Section 4.1: Preflight Section 4: Landing

Section 9: Maintenance - APPENDIX A-D Motion Picture and Television Operation Manual V1 .pdf

Alexis F. Covo - 333 Exemption Petition Page of 11 24

### The specific conditions of the proposed exemption that relate to flight operations are numbers 11-12, 17-25, and 32-35 in Section VIII below. Each has been accepted or imposed by the FAA in numerous previous grants of Section 333 exemption petitions.



# VII. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

Petitioner proposes that the exemption apply to UAs that have the characteristics and that operate with the limitations proposed herein. These limitations provide for a level of safety at least equivalent to or higher than manned aircraft operations under the current regulatory structure. Section VIII below identifies the limitations and conditions to which petitioner agrees to be bound when conducting commercial operations under a grant of this petition. Appendix A-1 contains a matrix connecting (i) the specific proposed condition with (ii) the FAR provision for which it provides an equivalent level of safety and (iii) one or more recent Section 333 exemption grants in which the FAA recognized this equivalent level of safe ( Exemptions 11136, 11138, 11172, 11174 and 11177, 11062, 11109, 11112, and 11213 and as recent as 11857).



### Approval of the commercial operations outlined in this petition presents no national security issue. The PIC will possess, at minimum, a sport pilot’s certificate. Therefore, he or she will have been subject to security screenings by the Department of Homeland Security.

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# VIII. PROPOSED CONDITIONS OF THE EXEMPTION

1. The UAs, including battery and technical payload will weigh no more than

approximately 3.3 lb. (1.5 kg.).

2. UA operations under this exemption will be limited for the purpose of photography,

videography, cinematography, closed set motion picture and television filming, and

will be limited to conducting operations in Class G airspace nationwide, unless

otherwise prescribed by an ATO issued COA.

3. Flights will be operated within line of sight of the PIC and a VO.

4. Flights will be operated at an altitude of no more than 400 feet AGL, as indicated by

the procedures specified in the operating documents. All altitudes reported to ATC

must be in feet AGL.

5. The UA will not be flown at an indicated airspeed exceeding 48 knots.

6. Minimum flight crew for each operation will consist of the UA PIC and a VO.

7. The PIC will have at minimum a sport pilot license and either a U.S. driver’s license

or a third class medical certificate.

8. The petitioner will not permit any PIC to operate unless the PIC meets its

qualification criteria and demonstrates the ability to safely operate the UA in a

manner consistent with how the UA will be operated under this exemption, including

evasive and emergency maneuvers and maintaining appropriate distances from

persons, vessels, vehicles and structures. PIC qualification flight hours and currency

will be logged in a manner consistent with 14 CFR §61.51(b). A record of the PIC

training will be documented and made available upon request by the Administrator.

Training operations will only be conducted during dedicated training sessions. During

training, proficiency, and experience-building flights, all persons not essential for

flight operations will be considered nonparticipants, and the PIC will operate the UA

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

9. When a VO is necessary, they will not perform any other duties beyond assisting the

PIC with seeing and avoiding other air traffic and other ground based obstacles/

obstructions, and will not be permitted to operate the camera or other instruments.

10. The PIC will be designated before the flight and will not be allowed to transfer his or

her designation for the duration of the flight. When necessary, the PIC will ensure that

the VO can perform the functions prescribed in these conditions and the operating

documents.

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### 11. A briefing will be conducted in regard to the planned UA operations prior to each

day’s activities. It will be mandatory that all personnel who will be performing duties

in connection with the operations be present for this briefing.

12. Prior to each flight, the PIC will inspect the UA, including the Ground Control

Station, to ensure it is in a condition for safe flight. If the inspection reveals a

condition that affects the safe operation of the UA, the PIC will not operate the UA

until the necessary maintenance has been performed and the UA is found to be in a

condition for safe flight. All maintenance and alterations will be properly documented

in the aircraft records.

13. Petitioner will conduct a functional flight test on any UA that has undergone

maintenance or alterations that affect the UA operation or flight characteristics, e.g.

replacement of a flight critical component. The PIC who conducts the functional test

flight will make an entry in the aircraft records.

14. The petitioner will carry out its maintenance, inspections, and record keeping

requirements, in accordance with the UA manufacturer’s aircraft/component,

maintenance, overhaul, replacement, inspection, and life limit requirements set forth

in the operating documents. Maintenance, inspection, alterations, and status of

replacement/overhaul component parts will be noted in the aircraft records, including

total time in service, description of work accomplished, and the signature of the

authorized person returning the UA to service. The authorized person will make an

entry in the aircraft record of the corrective action taken against discrepancies

discovered between inspections.

15. The UA will be operated within visual line of sight (VLOS) of the PIC and VO at all

times. This requires the PIC to be able to use human vision unaided by any device

other than corrective lenses. PIC and VO will at all times be able to communicate

verbally. They will not be permitted to use electronic messaging or texting to

communicate during flight operations.

16. The PIC will not begin 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 prepare to land with at least 25% battery power remaining.

17. Actual total flight time for each operational flight will result in no less than a 25%

battery reserve.

18. The UA will have the capability to abort a flight in case of unexpected obstacles or

emergencies.

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### 19. The UA will be programmed so that if it loses communications or loses its GPS

signal, it will return to a pre-determined location within the planned operating area

and land or be recovered in accordance with the operating documents.

20. If the UA and its radio control link disconnect during flight, the system’s failsafe

protection will be triggered and the multirotor will return to home and land

automatically, rather than flying off uncontrollably or landing at an unknown location.

21. The operating documents required under 14 CFR §§ 91.9 and 91.203 will be

maintained and available to the PIC at the Ground Control Station of the UA any time

the UA is operating. These documents will be made available to the Administrator or

any law enforcement official upon request. If a discrepancy exists between the

conditions and limitations in the exemption grant and the procedures outlined in the

operating documents, the grant conditions and limitations will take precedence and

will be followed. Otherwise, the petitioner will follow the procedures outlined in its

operating documents. If it updates or revises its operating documents, it will present

updated and revised documents to the Administrator upon request. If the petitioner

determines that any update or revision would affect the basis upon which the FAA

granted the exemption, then the Petitioner will petition for an amendment to the grant

of exemption.

22. Petitioner will obtain written and/or oral permission from the landowners/authorized

agents of the landowners over which flights will be conducted.

23. Petitioner will obtain all required permissions and permits from territorial, state,

county or city jurisdictions, including local law enforcement, fire, or other appropriate

governmental agencies.

24. UA operations will not be conducted during night, as defined in 14 CFR § 1.1. All

operations will be conducted under visual meteorological conditions (VMC). Flights

will not be conducted under special visual flight rules (SVFR).

25. The petitioner will obtain an Air Traffic Organization (ATO) issued Certificate of

Waiver or Authorization (COA) prior to conducting any operations under the grant of

exemption. Petitioner will request a Notice to Airman (NOTAM) not more than 72

hours in advance, but not less than 48 hours prior to the operation. All operations will

be conducted in accordance with airspace requirements in the ATO issued COA,

including class of airspace, altitude level and potential transponder requirements.

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### 26. The UA will not be operated 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 has been obtained, and the operation is conducted in

accordance with a NOTAM as required by the operator’s COA. Any letter of

agreement with the airport management will be made available to the Administrator

upon request.

27. The UA will 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 miles from the PIC.

28. All operations shall be conducted in Class G airspace or as otherwise prescribed in an

ATO issued COA.

29. All aircraft operated in accordance with this exemption will be identified by serial

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings will be

as large as practicable.

30. Before conducting operations, petitioner will ensure that the radio frequency

spectrum used for operation and control of the UA complies with the Federal

Communications Commission (FCC) or other appropriate government oversight

agency requirements.

31. The UA will remain clear and yield the right of way to all manned aviation operations

and activities at all times.

32. The UA will not be operated by the PIC from any moving device or vehicle.

33. Petitioner will conduct all flight operations at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless one of the following three conditions

is met:

A. Barriers or structures are present that sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an accident. The petitioner will 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, the PIC will ensure that flight operations cease immediately.

B. The aircraft is operated near vessels, vehicles or structures where the owner/

controller of such vessels, vehicles or structures 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 undue hazard.

C. Operations nearer to the PIC, VO, or essential persons do not present an undue

hazard to those persons per § 91.119(a).

Alexis F. Covo - 333 Exemption Petition Page of 16 24

### 34. Petitioner will report any incident, accident, or flight operation that transgresses the

lateral or vertical boundaries of the operational area as defined by the applicable COA

to the FAA's UAS Integration Office (AFS-80) within 24 hours. Petitioner will report

accidents to the National Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov



### .



# IX. PRIVACY

There is little concern that the proposed flights will cause invasions of privacy. All flights will occur over either (a) public rights of way where there is no expectation of privacy; or (b) over private property with permission of the landowner/authorized agent and consent of participating individuals.



# X. PUBLIC INTEREST AND SAFETY

The planned UA use will increase ground safety for aerial photography, aerial cinematography and videography of small events and activities, individual commercial, public, and residential properties.

The enhanced safety and reduced environmental impact achieved using a UA 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 UA operation enabled by this exemption is in the public interest.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security – provide more than adequate justification for the grant of the requested exemption, allowing commercial operation of petitioner’s UA for aerial photography, aerial cinematography and videography of small events and activities, individual commercial, public, and residential properties.

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# XI. REGULATIONS FROM WHICH EXEMPTION IS
REQUESTED

The petitioner seeks exemption from the above mentioned FARs for the following

reasons ;

14 C.F.R. § 61.113(a) & (b);: Private Pilot Privileges and Limitations; Pilot in Command;

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the Alex Covo Photo’ sUAV is remotely controlled with no passengers or property of others on board. 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.

Alex Covo Photo respectfully proposes that Operator requirements should take into account the
characteristics of the particular UAS. Alex Covo Photo’ sUAV has a high degree of preprogrammed control and various built-in technical capabilities that strictly limit the potential for operation outside of the operating conditions set forth in the exemption application. The Alex Covo

Photo’ sUAV has navigation and control system comprised of a Ground Control Station (GCS) and auto-pilot system that can be pre-programmed to set operational boundaries. All flights are preprogrammed with precision GPS guidance.. In the case of unplanned events, the Operator may input pre-programmed evasive maneuvers from the control unit, and the onboard autopilot

executes those maneuvers. Pre-programmed Operator interventions include initiation of holding

at present position; suspension of mission; fly back to launch point; abort mission and land immediately; and emergency power cut off and land (Flight Termination System).

Additional automated safety functions and safety enhancing features of the Alex Covo Photo’

sUAV’s may include the following:



### 1. Auto-pilot detection of lost GPS or of insufficient satellites initiates an immediate landing.

2. Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% levels. Low power below 10% triggers an immediate landing.

3. If the auto-pilot detects a lost-link to the ground controller, the UAS will hold position

at its current location for 5 seconds and if the signal is not restored, execute a return to

home and land.

4. Redundant “kill switches” that enable completely shutting the aircraft down in flight in the event of a loss of control or un-commanded deviation from the flight path.

5. The aircraft, weighs less than 55 lbs., fully loaded.

6. The motors are driven by pulse width modulated signals, not analog signals.

7. The aircraft will operate for the Purposes at no more than 30 mph (while imaging) nor above 200 feet above the structure (imaging altitude) or a maximum of 400

AGL.

Alexis F. Covo - 333 Exemption Petition Page of 18 24Given these safety features, Alex Covo Photo proposes that Operators of Alex Covo Photo’s

UAV should not be required to hold a commercial or private pilot certification.

Instead, Operators should be required to: have successfully completed, at a minimum, FAAprivate pilot ground instruction and passed the FAA Private Pilot written examination or FAArecognized equivalents; have completed the manufacturer’s or Alex Covo Photo’s training

program for operation of the UAS.

Alex Covo Photo notes that the FAA has found that safety factors permitted operation of UASs by Operators with these qualifications in the case of operations pursuant to public COAs where the mandatory operating conditions specified above were present. See, Federal Aviation Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 20-21 (July 30, 2013). Likewise, Alex Covo Photo notes that the NPRM does not require that the Operator hold a private pilot license issued by the FAA.

Given these conditions and restrictions, an equivalent level of safety will be provided by allowing operation of the Alex Covo Photo’ sUAV without a private pilot’s certificate or a commercial pilot’s certificate, under the conditions set forth herein.

The risks associated with the operation of the Alex Covo Photo’ sUAV (given its size, speed, operational capabilities, and lack of combustible fuel) are so diminished from the level of risk associated with private pilot operations or commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft), that allowing operations of the UAS as set forth
above meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b) and does not rise 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 airworthiness of the UA. Given the size of the
aircraft and the requirements that the Operator has agreed to as it relates to airworthiness, as contained in the manual, an equivalent level of safety will be achieved by insuring compliance with
the manuals prior to each flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080 and 11110.



### 14 C.F.R. §91.119: Minimum safe altitudes

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 prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, an exemption may be needed to allow such operations.



### Alexis F. Covo - 333 Exemption Petition Page of 19 24The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner, facility owner, and/or local officials. Because of the advance notice to the property owner and participants, all affected individuals will be aware of the planned flight operations as set forth in the Manuals. Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55 lbs. and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented by conventional aircraft operating at or below 500 AGL in the aerial photography industry. In addition, the low-altitude operations of the sUAS will ensure separation between these small-UAS operations and the operations of conventional aircraft that must comply with Section 91.119. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080 and

11110.



### 14 C.F.R. §91.121 Altimeter Settings

As discussed in Exemption 11138 is inapplicable since the UAS does not have an altimeter and
instead utilizes electronic GPS with a barometric sensor for altitude information.



### 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Condition s

Section 91.151(a) 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; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the sUAS provides approximately 40 minutes of powered flight. To meet the 30-minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS’ proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight is reasonable.

Petitioner believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed,

with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS.

Petitioner believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of remaining battery power whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, 10808 and Exemptions 11062, through11067, 11080 and 11110.



### Alexis F. Covo - 333 Exemption Petition Page of 20 24

### 14 C.F.R. §91.405 (a); 91.407 (a) (1); 91.409(a) (2); 91.417(a) & (b): Maintenance Inspections These regulations require that an aircraft Operator or owner “shall have that aircraft inspected

as prescribed in subpart E of this part and shall between required inspections, except as provided

in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the Petitioner. Maintenance will be accomplished by the Operator or manufacturer pursuant to the flight manual and operating handbook as referenced in
the Manuals attached as confidential Exhibits An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in defined areas for limited periods of time. If mechanical issues arise, the UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Aircraft Flight Operations Manual the Operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the Operator and manufacturer are most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. The FAA has granted exemptions for similar operations in Exemptions 11062 through 11067, 11080 and 11110.



### Appendix A-1:

FARs as to which Petitioner wishes the same determination to be made as has been made previously (see pages 22-24).

Alexis F. Covo - 333 Exemption Petition Page of 21 24FAR
Provision Applicable condition(s) in
Section VIII of petition FAA Exemption Decision

21(h) 1, 2, 3, 4, 5, 16, 25, 28, 29 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11111, 11110, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11189, 11191, 11192, 11193, 11195

43.7 13, 14 No. 11208

43.11 12 No. 11208

45.11 29 No. 11208

45.27 29 No. 11188

45.29 29 Nos. 11136, 11157, 11170, 11185, 11193

91.7(a) 12 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11177, 11178, 11184, 11185, 11188, 11189, 11191, 11192, 11193, 11195,
11204

91.9(b)(2) 22 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11174, 11177, 11178, 11184, 11185, 11189, 11192, 11193, 11195

91.9(c) 30 Nos. 11136, 11170, 11171, 11174, 11185

91.103(b)(2) 3, 9, 15, 16, 17, 18, 19, 20 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11138, 11150, 11153, 11156, 11158, 11160, 11161, 11166, 11167, 11171, 11172, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195, 11204

91.105 6 No. 11185

91.109 7, 8 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11166, 11167, 11170, 11171, 11174, 11177, 11184, 11185, 11189, 11191, 11192, 11193, 11194, 11195, 11206, 11208

91.113(b) 3, 31 No. 11238



### Alexis F. Covo - 333 Exemption Petition Page of 22 24FAR
Provision Applicable condition(s) in
Section VIII of petition FAA Exemption Decision

91.119(c ) 4, 33 Nos. 11162, 11163, 11164, 11165, 11166, 111080, 111109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11160 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11178, 11185, 11188, 11189, 11190, 11193

91.121 4 Nos. 11162, 11163, 11164, 11165, 11166, 111080, 111109, 11136, 11138, 11150, 11153, 11156, 11160 11161, 11166, 11167, 11170, 11171, 11174, 11176, 11178, 11185, 11188, 11189, 11190, 11193

91.151(a) 16, 17 Nos. 11110, 11153, 11156, 11161; 111109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11160 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11178, 11185, 11188, 11189, 11190, 11193

91.203 (a) and (b) 22 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195

91.215 25, 26 No. 11185, 11195

91.403 12, 13, 14 No. 11185

91.405(a) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195, 11204

91.407(a)(1) 14 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195, 11204



### Alexis F. Covo - 333 Exemption Petition Page of 23 2491.409(a)(1) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195, 11204 FAR
Provision Applicable condition(s) in
Section VIII of petition FAA Exemption Decision

91.409(a)(2) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195, 11204

91.417(a) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195, 11204

91.417(b) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066,
11067, 11080, 11109, 11110, 11111, 11112,
11114, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195, 11204



### Alexis F. Covo - 333 Exemption Petition Page of 24 24