Albany

Atlanta

Brussels

Denver

Los Angeles

Miami

New York 1676 International Drive • Penthouse McLean, VA 22102
Tel: 703.336.8800 mckennalong.com Northern Virginia

Orange C ounty

Rancho Santa Fe

San Diego

San Francisco

Seoul

Washington, DC

Mark E. McKinnon

703.336.8708
Matthew J. Clark

703.336.8714 Email Address mmckinnon@mckennalong.com mclark@mckennalong.com
March 12

, 2015

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

Re: Petition of Dronair Solutions for an Exemption Pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012

To Who m it May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, Dronair Solutions ("Dronair ") hereby applies for an exemption from the Federal Aviation Regulations ("FARs") identified below t o allow commercial operation of small unmanned aerial vehicles ( i.e., "sma ll unmanned aircraft" or "UAS") for the purpose of conducting: (1) scripted, closed

- set filming for the motion picture, television, and web industry, and; (2) aerial inspection and e nvironmental monitoring of industrial sites, transmission and storage facilities, construction facilities and precision aerial surveys.

This petition for exemption is made based on information outlined in this Petition for Exemption, as well as the ac companying Dronair s UAS Flight Operations Manual , Dronair DJI S1000+ sUAS Aircraft Flight Manual and Dronair Aeryon SkyRanger sUAS Aircraft Flight

Manual ( collectively referred to as " Dronair's Operations Manual s ")

, the Aeryon SkyRanger

User Guide and DJI S1000+ User Manual ( collectively referred to as "Manufacturer's Manual")

. 1

Dronair submits these supporting materials as confidential documents pursuant to 14 C.F.R. § 11.35(b), as the materials contain confidential commercial and/or proprietary informati on that

Dronair has not and will not share with others. Additionally, these documents contain operating conditions and procedures that are not generally available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq

.

1 The term "Manufacturer's Manual" also includes all releva nt manufacturer publications, including, but not limited to: operations and flight manuals, user guides, component maintenance manuals, pilot training manuals, service information letters and, safety/service bulletins.U.S. Department of Transportatio n

March 12, 2015 Page 2

For your convenience, this Petition is organized as follows:

I. Description of Petitioner

II. Description of Proposed Operations

A. Closed

- set Filmmaking and Cinematography

B. Aerial Survey and Inspection of Industrial/Construction Si tes and Utility Power

Generation Facilities and Infrastructure

III. Relevant Statutory Authority

IV. Dronair's Proposed UAS Operations Meet the Requirements of Section 333 of the

Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Spe ed, and Operational Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in

the Operations Manual s V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category

Rotorcraft

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91. 409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

H. 14 C.F.R. § 91.103: Preflight Action

I. 14 C.F.R. § 91.109(a): Flight Instruction

J. 14 C.F.R. § 91.119 (c) : Minimum Safe Altitudes

K. 14 C.F.R. § 91.121: Altimeter Settings

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

Conditions

VI. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. ConclusionU.S. Department of Transportatio n

March 12, 2015 Page 3

I. D ESCRIPTION OF P ETITIONER

Based in Houston, Texas, Dronair is an aerial cinematography company dedicated to providing technologically driven and innovative solutions in the filmmaking industry. Its founders, Aaron Moss and Jeff Johnson are both comm ercially rated rotorcraft and f ixed

- wing pilots with a combined flight time of over 7,300 flight hours and 15 years of commercial and military aviation experience. As part of Dronair's vision of providing new and innovative

solutions to its client's needs , and building upon its founders extensive commercial and military flight experience, Dronair seeks an exemption to allow commercial operations of small UAS to provide aerial photography and video services to the to the filming industry, as well as aerial surveys, inspections, and environmental monitoring of industrial and construction sites, and utility power

- generation facilities and infrastructure.

The contact information for Petitioner is as follows:

Aaron Moss

President

Dronair Solutions

2011 Willowmoss CT Phone: (281) 773

- 6205

Email: aarommoss@gmail.com

II. D ESCRIPTION OF P ROPOSED O PERATION

Dronair seeks an exemption pursuant to Section 333 of the Reform Act to operate the DJI

S 1000+ UAS and Ae ryon Labs SkyRanger ("SkyRanger") UAS for the proposed operations discussed below. All UAS operations will occur under tightly controlled conditions on private property where Dronair has received permission to operate from the landowner, controller or

aut horized representative. The proposed UAS operations will be conducted in accordance with the conditions and limitations of this Petition for Exemption and Dronair's Operations Manuals. As detailed in Dronair's Operations Manuals, all UAS operations will be limited to daytime VFR

conditions , within visual line

- of

- sight ("VLOS") of the operator, in uncontrolled airspace, and

will occur at least 5 miles away from an airport. Moreover, Dronair's Operations Manuals incorporate redundant safeguards to assure that the aircraft does not travel outside the controlled

ar ea of UAS operations, including GPS "geo

- fencing" technologies

.

A. Closed

- set Filmmaking and Cinematography

Dronair seeks to use small UASs for the purpose of conducting scripted, closed

- set
f ilming for the motion picture, television, and web industry. Dronair has tailored its operations to meet the requirements established by the FAA in prior grants of exemption authorizing commercial use of UAS in the motion picture and television filmmaking industry, including :U.S. Department of Transportatio n

March 12, 2015 Page 4

 Astraeus Aerial ( Exemption No. 11062)

 Aerial MOB , LLC ( Exemption No. 11066)

 Pictorvision, Inc. ( Exemption No. 11067)

 HeliVideo Productions, LLC ( Exemption No. 11065)

 Snaproll Media, LLC ( Exemption No. 11063)

 RC Pro Productions Consul ting, LLC d/b/a Vortex Ae rial ( Exemption No. 11064)

 Flying

- Cam , LLC ( Exemption No. 11080)

 Aerocine , LLC ( Exemption No. 11150)

 Team 5 , LLC ( Exemption No. 11158)

 Alan D. Purwin ( Exemption No. 11161)

 Helinet Aviation Services , LLC ( Exemption No. 11160)

 Pictur e Factory, Inc. ( Exemption No. 11178 )

All UAS filmmaking operations will occur on private property in a controlled area, away from spectators and persons not involved in the filming. In addition, the filming will be conducted during dayligh t, VFR conditions, at altitudes below 400' AGL. As set forth below, Dronair's operations provide an equivalent level of safety that is superior to performing the same work using conventional fixed

- wing aircraft or helicopters.

B. Aerial Survey and Ins pection of Industrial/Construction Sites and Utility

Power

- Generation Facilities and Infrastructure

Dronair seeks to use small UASs for the purpose of conducting aerial imaging for safety monitoring of controlled access industrial and construction s ites, utility power

- generation

transmission and distribution facilities and infrastructure. Traditional methods of inspecting this type of infrastructure , including flare stacks, elevated pipelines and power lines, tanks, and steep

roof tops , expose inspec ting engineers to risk of harm or serious injury . Inspectors need to climb tower or otherwise perform elevated work, which exposes them to the risk of dangerous falls. In addition, depending on the nature of the inspection, proximity to equipment often i nvolves a risk of exposure to hazardous chemicals or oxygen

- deficient atmospheres, burns from steam or hot equipment, and other mechanical hazards associated with industrial sites and construction

facilities. The use of small UASs mitigates these hazards and is ultimately a much safer method of performing these types of inspections.

Small UAS inspection is also safer than traditional manned aircraft performing the same function. Conventional operations using rotorcraft and fixed

- wing aircraft in low lev el operations present risks associated with vehicles weighing thousands of pounds and carrying large amounts of fuel. It is important to note that the use of small UAS in this area will not only be safer and more cost effective, but the quality of the inf ormation will be far superior. Small UAS inspection is more reliable, and allows for the collection, dissemination, and storage of visual and other sensory data with greater precision and duration. Small UASs will also beU.S. Department of Transportatio n

March 12, 2015 Page 5

capable of accessing and inspect ing areas that would otherwise be inaccessible using conventional aircraft or other inspection methods.

III. R ELEVANT S TATUTORY A UTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the

FAA Modernization and R eform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit

unm anned aircraft systems to operate in the National Air Space ("NAS") where it is safe to do so based on the following considerations:

● The UAS's size, weight, speed and operational capability;

● Operation of the UAS in close proximity to airports and populate d areas; and

● Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides a re quested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702

– 44716, et seq. ). A party requesting an exemption must expl ain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. D R ONAIR ' S P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS O F S ECTION 333

OF THE R EFORM A CT

The small UAS operations proposed by Dronair in this Petition for Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the sta tutory criteria and

relevant factors are satisfied.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

A Grant of Exemption is appropriate for operations conducted using the SkyRanger and

DJI S1000+ UASs due t o their size weight, speed, and operational capability.U.S. Department of Transportatio n

March 12, 2015 Page 6

 Both the SkyRanger and DJI S1000+ have been approved for use in prior Section

333 Grants of Exemption from the FAA. 2

 The SkyRanger weighs less than 10 pounds, including payload

.

 The DJI S1000+ we ighs less than 25 pounds, including payload.

 The Aeryon SkyRanger and DJI S1000+ will not be flown at a ground speed in

excess of 50 knots.

 Altitude information will be generated by equipment onboard the UA as specified using GPS triangulation, digital ly encoded barometric altimeter, radio altimeter, or any combination thereof. This information will be transmitted to the pilot via

telemetric data feed.

 The UAS s will have system redundancies and independent functionality to ensure the overall safety an d predictability of the system. If connection to the remote control or ground control station is lost, failsafe systems will permit the UAS to return to a predetermined location and safely land without injury or damage.

 The radio frequencies used for ope rations and control of the UAS comply with the Federal Communications Commission ("FCC") and other appropriate government oversight agency requirements. The operating frequency for the DJI S1000+ is 2.4 GHz. The SkyRanger is capable of operating on 900 M Hz, 2.4

GHz or 5.8 GHz frequency bands.

If the same operations were conducted using a helicopter, the aircraft's take

- off weight would likely exceed 6,000 pounds. The difference in weight between the SkyRanger and DJI

S1000+ and a helicopter sign ificantly reduces the potential harm to the participating and non

participating individuals or property in the event of an accident or incident. In addition, the risk to the onboard pilot and camera operator is eliminated.

2 See e.g ., Grant of Exemption to Shotover Camera Systems L.P. (Exempt ion No. 11159); Grant of Exemption to VDOS Gl obal, LLC (Exemption No. 11112); Grant of Exemption to LowCountryRC, Corp. (Exemption No. 11184); Grant of Exemption to Alan Purwin (Exemption No. 11161); Grant of Exemption to Helinet Aviation Services (Exempti on No. 11160); Grant of Exemption to Total Safety U.S., Inc. (Exemption No. 11156).U.S. Department of Transportatio n

March 12, 2015 Page 7

B. Approval is Warranted Ba sed on the Operational Restrictions Set Forth in

Dronair's Operations Manual s

Dronair 's Operations Manual s and the Manufacturer's Manual for the selected UAS s will contain all the procedures and limitations necessary to safely and successfully perform th e operations specified in this Petition for Exemption. To as sist the FAA in making a safety

assessment of Dronair's proposed operations, below is a summary of operational limitations and

conditions that Dronair will adhere to, and which will ensure an equ ivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The UAS weighs less than 25 pounds, fully loaded.

2. All operations shall be conducted over private or controlled

- access property with permission from the land ow ner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight operation.

3. All UASs operated under the Grant of Exemption will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

- Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot

in Comm and ("PIC") of the UAS, and one or more Visual Observers ("Observer") as necessary to safely conduct the mission.

5. PICs shall possess at least a Private Pilot's Certificate and current Class III

Medical Certificate. The PIC will also meet the flight revie w requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

6. The UA shall be operated within VLOS of the PIC and Observer at all times. The PIC must use human vision unaided by any devi ce other th an corrective lenses, as specified on the PIC's FAA

- issued medical certificate.

7. The PIC and Observer designat ed for any operation will be able to communicate verbally at all times.

8. Electronic messaging or texting will not be permitted during flight o perations.

9. The additional requirements identified in the Grant of Exemption shall be added

to the Dronair's Operations Manual s . The Operations Manual s will be maintainedU.S. Department of Transportatio n

March 12, 2015 Page 8

and made available to the Administrator upon request. If a discrepancy exists

betw een the conditions and limitations in the Grant of Exemption and Dronair's Operations Manual s , the conditions and limitations in the Grant of Exemption shall take precedence and must be followed. Otherwise, Dronair shall follow the procedures outlined in t heir Operations Manual s

.

10. Dronair may update or revise its Operations Manuals. Revisions will be tracked and a revised copy of the Manual will be provided to the Administrator upon request. Dronair will also present an updated and revised Operations Manua ls if it petitions for extension or amendment to its Grant of Exemption. If an update or revision would affect the basis upon which the FAA grants the exemption, Dronair will seek an amendment to its Grant of Exemption. Dronair will contact

the FAA’s UAS Integration Office (AFS

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

11. Dronair Operations Manuals and its Grant of Exemption will be available to the PIC at the ground control station anytime the UAS is operating.

12. The PIC is prohibited from beginning a SkyRanger flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first intended point of landing, and assuming normal cruising speed, to fly after that

for at least 10 minutes

.

13. Maximum total flight time for each operational flight using the DJI S1000+ will

be limited to 40 minutes or the amount of time the UAS can be flown and still

maintain a reserve battery power of no less than 25 % , whichever occurs first

.

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never enter navigable controlled airspace without prior written authorization and approval from the FAA. In the event the structure being inspected exceeds 400 feet AGL, the UAS will not be ope rated more than 100 feet above the highest point on the structure, and no more than 50 feet horizontally from the st ructure.

15. Flight operations must be conducted at least 500 feet from all nonparticipating persons. (persons other than the PIC, VO, operato r 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 nonpartic ipating 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;U.S. Department of Transportatio n

March 12, 2015 Page 9

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 an undue hazard, and;

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

16. The UA may 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.

17. The UA may not operate within 5 nm 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 operatio n is conducted in accordance with a NOTAM as required by the Dronair COA. The letter of agreement with the airport management will be made available to the Administrator upon request.

18. Prior to each flight the PIC shall inspect the UAS to confirm that it i s in a condition safe for flight. The pre

- flight inspection will account for all discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. The PIC shall not operate the UAS if the inspection reveals a condition that affects the safe operation of the UAS until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The ground control station shall be included in the preflight insp ection. All maintenance and alternations must be properly documented in the UAS records as required by Dronair's Operations

Manuals

.

19. Dronair will carry out its maintenance, inspections, and record keeping requirements in accordance with the Operations Man uals. Maintenance, inspection, and alterations will be noted in the UAS records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

20. Any UAS that has undergone mainten ance or alterations that affect the UAS operation or flight characteristics ( e.g ., replacement of a flight critical component) must undergo a functional test flight in accordance with Dronair's Operations

Manual s . The PIC who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functionalU.S. Department of Transportatio n

March 12, 2015 Page 10

test flight and UAS record entry shall be included in the Dronair's Operations

Manual s

.

21. The UAS will be operated and maintained according to the Manufacturer's Manuals and any required manufacturer Safety/Service Bulletins.

22. Prior to the operation, a Mission Packet will be created in accordance with the requirements on Dronair's Operations Manuals.

23. Dronair will obtain an Air Traffic Orga nizati on (" ATO") issued Certificate of Waiver or Authorization, otherwise known as a COA, prior to conduc ting any operations under this Grant of E xemption. A NOTAM will be issued as required by the COA. 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.

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

25. If the UAS loses communication with the pilot, it will have the capability to

return to a pre

- determined location within the operational area and land safely.

26. Contingency plans will be in plac e to safely terminate flight if there is a loss of

communication between the PIC and the Observer.

27. The UAS will have the capability to safely abort flight in the case of unpredicted obstacles or emergencies.

28. PICs and Observers will have at least a current Class III Medical Certificate.

29. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours total time as a UAS rotorcraft pilot and at leas t 10 hours logged as a UAS pilot with a similar UAS type.

30. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 5 4 CFR § 61.51(b), a minimum of hours as UAS pilot operating the make and model of UAS to be utilized for operations under the exemption and three take

- offs and three landing in the preceding 90 days.U.S. Department of Transportatio n

March 12, 2015 Page 11

31. Operati ons shall occur during daytime VFR Meteorological Conditions; flights under special visual flight rules ("SVFR") shall not be conducted.

32. The UA shall remain clear and yield the right of way to all other manned operations and activities at all times (includ ing, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

33. UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are prohibited.

34. The UAs will not be operated from an elevated platform or moving device/

vehicle.

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

V. R EGULATIONS F ROM W HICH E XEMPTION I S R EQUESTED

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, including UASs, from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. 3

Dronair seeks an exemption from several interrelated provisions of Title 14 of the Code of Federal Regulat ions ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the requested operations using a UAS. Listed below are: ( 1) the specific sections of 14 C.F.R for which exemption is sought, and ( 2) the operating procedures and safeguards that Petition er has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. 4

3 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).

4 14 C.F.R § 11.81(e), which requires a petition for exemption to includ e:

The reasons why 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 you seek exemption.U.S. Department of Transportatio n

March 12, 2015 Page 12

U NMANNED A IRCRAFT S YSTEM

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

The FA A has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same application. These criteria are met, and therefore no exemption is needed. 5 If, however, the FAA determines that there are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety

Dronair's use of the DJI S1000+ and SkyRanger is saf e when taking into account their size, weight, speed, and operational capability. As set forth in the description of proposed operations in Section IV(A) , the SkyRanger weighs less than 10 pounds and the DJI S1000+ weighs le ss than 25 pounds, including payload and will not be flown at a ground speed in excess

of 50 knots. Both UASs are also equipped with safety features that will allow Petitioner to operate the UAS safely after experience certain in

- flight contingencies or f ailures. 6 7

5 See Grant of Exemption No. 11062 to Astraeus Aeri al (FAA

- 2014

- 0352 at pgs. 13

- 14, 22).

6 See e.g ., Grant of Exemption No. 11184 to LowCountryRC, Corp. (FAA

- 2014

- 0803 at pg. 3):

"The [DJI S1000] has the capability to operate safely after experiencing certain in

flight contingencies or failures and uses an auto

- pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of global positioning system (GPS) or a lost

- link event with a pre

- coordinated, predictable, automated flight maneuver, and manual flight control functional ity as a backup. These safety features provide an equivalent level of safety compared to a manned aircraft performing a similar operation."

7 See e.g ., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA

- 2014

- 0382 at pgs. 4

- 5):

"The SkyRanger can be o perated entirely by a touch

- screen, map

- based interface. This means the operator only needs to command the system where to go, and the system does all the flying for the operator. The SkyRanger can be operated in both semi and fully autonomous flight modes , with the operator simply clicking on a map

to create a pre

- planned flight path for a flight. In addition, the operator can create no fly zones or maximum flight ranges and altitudes so the system cannot enter areas {footnote continued}U.S. Department of Transportatio n

March 12, 2015 Page 13

Additionally, the UASs carry neither pilots nor passengers, carry no explosive materials or flammable liquid fuels, and operate exclusively within the parameters stated in Dronair's Operations Manuals.

Operations conducted under this exem ption will be closely controlled and monitored by the operator and will be conducted in compliance with local public safety requirements, to provide security for the area of operation. Dronair will also provide the FAA with advance notice of all operation s via NOTAMs as required by the applicable COA . In all cases, operation

of the DJI S1000+ and SkyRanger under the proposed conditions will be at least as safe as, or

safer than

, conventional rotorcraft operating with an airworthiness certificate.

Lastly , the UASs do not need a means to communicate with other aircraft or ATC, because those capabilities will be possessed by the PIC and Observer, who are not onboard the

UAS. 8 In addition, no sense

- and

- avoid technology is necessary for the UASs because they will be operated at all times in VFR conditions and within VLOS of the PIC and Operator. 9

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category

Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent that Dronair's small UASs would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's

{continued from previous page} deemed unsafe or unnecessary to fly ove r. The petitioner states further that the UAS

has built

- in intelligent fault handling which allows the SkyRanger to detect a system fault while in the air and automatically fly back to its takeoff location and land.

Faults that can be detected include: los s of communication; exceeding pre

- set wind thresholds; and low battery levels.

All flight operations are global positioning system (GPS) controlled, making the system easy to navigate. At any point if the operator is not explicitly commanding the system t o move, the system automatically holds its GPS position. The flight control system employs not only GPS positioning but a variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensure stability so long as wind thresh olds are not exceeded. Also a flight termination link

– to prevent a 'fly away' or other potentially dangerous situation

– is available to the operator."

8 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pg. 13).

9 Id.U.S. Department of Transportatio n

March 12, 2015 Page 14

airworthiness standards for the same reasons identified in the request f or exemption from 14 C.F.R. Part 21, Subpart H, supra

.

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

Dronair seeks an exemption from the aircraft marking and identification requirements

contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is

identified in accordance with Pa rt 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisio nally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport, "experi mental," or "provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In a previ ous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft "have identification (N

- Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 10

Equivalent Level of Safety

All UA flown by Dronair will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 11

10 FAA Docket No. FAA

- 2014

- 0352.U.S. Department of Transportatio n

March 12, 2015 Page 15

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

Dronair seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in referenc e to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired a s prescribed in part 43 of this chapter"). An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS to be operated under this grant of exemption will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Further, as require d by Dronair's Operations Manual s , the PIC will conduct a pre

- flight inspection of the UAS and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions pot entially affecting safe operation of the UAS and no flights will occur unless, and until

, all flight critical components of the UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will be conducted following the replacement of any flight

- critical components. As required by Dronair's Operations Manual s , the PIC who conducts the functional test flight will make an entry in the UAS aircraft records of the flight.

Dronair's Operations Manual also includes requi rements to follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the following applicable components: powertrain system (powerplant), propellers, avionics and control surfaces (inc luding ailerons/elevons), structures & airframe, camera system, electrical systems (including batteries), ground control station, hazard accessories, and spare parts. Further, Dronair's Operations Manual s also includes procedures to

document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in servi ce of the UASs used

under this Grant of E xemption. As a whole, the maintenance and inspection procedures re quired in Dronair's Operations Manual s ensure that an equivalent or higher level of safety will be

achieved.

{continued from previous page}

11 See, e.g., FAA Docket No. FAA

- 2014

- 0352, at 14.U.S. Department of Transportatio n

March 12, 2015 Page 16

P ILOT

- IN

- C OMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Dronair seeks exemption from 14 CFR § 61.113, wh ich restricts private pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire . In this case, while the UASs will be operated as part of a commercial operation, it carries neither passengers nor cargo. In the Grant of Exemption to Astraeus Aerial 12 , the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the addition cost and restrictions attendant with requiring a the PIC to have a Commercial Pil ot Certificate and Class II Medical Certificate. The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are

involved.

Equivale nt Level of Safety

The restrictions Dronair has placed on its UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial. Dronair will operate on private property away from persons and property not involved in the operation. Dro nair will also obtain an ATO issued COA prior to conducting any operations under this Grant of Exemption. All operations will be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and poten tial transponder requirements. A NOTAM will also be issued as required by the applicable COA.

In addition to these flight restrictions, Dronair will further ensure safe operation by requiring that any PIC be thoroughly versed not only in airspace and com munication issues pertaining to all aircraft operators but also in the unique aspects of UAS flight. As set forth in the Operations Manual s, p ilots will have experience not only in UAS operations generally but have logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights on behalf of Dronair. The pilot qualification, training, and currency requirements in the Operations Manuals ensure that Dronair's pilots are competent and pr oficient in the UAS they are operating. Dronair's training and qualification requirements are consistent with those contained in prior FAA Section 333 Grants of Exemption

, and will provide a higher level of competency and proficiency for its pilots and wi ll ensure at least an equivalent level of safety

.

12 Exemption No. 11062 ( FAA Docket No. FAA

- 2014

- 0352 )

.U.S. Department of Transportatio n

March 12, 2015 Page 17

O PERATING P ARAMET ERS OF THE UA S

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UASs, Dronair seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable. 13
According ly, Petitioner requests that the requirements for § 91.7(a) be treated in accordance with Section V(A), supra.

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certifica tion and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry airworthiness documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.

- re gistered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certific ate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued

under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to

pa ssengers or crew.

13 See id

. at 13

- 14, 22.U.S. Department of Transportatio n

March 12, 2015 Page 18

Given the small size and configuration of the UASs, it would be impossible to keep airworthiness documents and other aircraft manuals on board the UAS because there is simply no room and the UAS has no cabin or cockpit.

Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft ha s access to the UAS flight manual, registration certificate, and other required documents from the ground control station from which he or she is operating the aircraft. 14 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS.

H

. 14 C.F.R. § 91.103: Preflight Action

Dronair seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the

FAA

- approved Flight Manual on boar d the aircraft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an

FAA

- approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety wi ll be provided by following the Dronair's Operations

Manual s and the Manufacturer's Manual . The PIC will perform a series of checklists designed to identify any defects or inoperable components in accordance with the Dronair's Op erations

Manual s , includin g checklists covering Pre

- Flight, Launch, Landing, and Post

- Flight procedures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoff distance, UA performance data, and contingency landing areas

— before in itiation of flight. Dronair's Op erations Manual s and the Manufacturer's Manual will be kept at the ground

control station and will be accessible to the PIC at all times while operating the UAS.

I

. 14 C.F.R. § 91.109(a): Flight Instruction

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulatio n, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.U.S. Department of Transportatio n

March 12, 2015 Page 19

Dronair seeks a n exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls." UAS s and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a device that communicates with the aircraft via radio communications. Accordingly, an exemption will be re quired for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Equivalent Level of Safety

Given the size and speed of the UAS s that Dronair intends to use, an equivalent level of safe training can still be performed without dual controls becaus e no pilot or passengers are aboard the UAS, and as required by the Dronair's Operations Manual s , all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction. Moreover, as required by the Drona ir's Operations Manual s , all flight training will be conducted in controlled and sterile environment. As a whole, the safety procedures provided for in

Dronair's Operations Manual s ensure that the proposed UAS operations provide an equivalent or higher le vel of safety than that provided by the flight instruction regulations.

J

. 14 C.F.R. § 91.119 (c) : Minimum Safe Altitudes

Dronair requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119 (c)

. 15 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or

structure in non

- congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

An exemption is required because the proposed UAS operations will normally need to occur below 400 feet AGL. In circumstances where the UAS is used to inspect a structure whose height exceeds 400 feet AGL, the UAS will not be operated more th an 100 feet above the highest point on the structure, and within 50 feet horizontally of the structure. Additionally, due the nature of the proposed operations, the Pilot and/or Observers(s) may need to be less than 500 feet away from the UAS.

15 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be necessary. See e.g ., Grant of Exemption No. 11157 to Slugwear, Inc., dba Likeonatree Aerial (FAA

- 2014

- 0534 at 15).U.S. Department of Transportatio n

March 12, 2015 Page 20

Equivalen t Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel with the UASs, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the

UASs , as well the controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operati ons will be restricted to 400 feet AGL or below , or when inspecting a structure whose height exceeds 400 feet AGL, within 100 feet above the highest point on that structure and 50 feet horizontally of the structure.

As set forth in the Operations Manual s , the UASs will be operated in a restricted area, and all flights will be operated at a lateral distance of at least 500 feet from any nonparticipating persons, unless that person is in a position where he or she is shielded from the UAS and any possible d ebris resulting from UAS failure. As required by the Operations Manual s , flights will be terminated if a nonparticipating person within 500 feet of the UAS leaves a shielded position. Further, UAS operations will occur at least 500 feet away from vehicle s or structures unless the property owner/controller has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and, operations near the PIC or Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in Dronair's Operations

Manual s will ensure operations can be conducted without compromising safety. 16

K

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

Dronair seeks an exemption from 14 C.F.R. § 91.121, which requires a per son operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to

16 See e.g.

, Grant of Exemption No. 11138 to Douglas Trudeau (FAA

- 2014

- 0481 at 19 ) :

"If barriers or structures are present that can sufficiently protect nonparticipating persons from the UA or debris in the event o f an accident, then the UA may operate closer than 500 feet to persons afforded such protection. The operator must also ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such prote ction and are within 500 feet of the UA, flight operations must cease immediately. When considering how to immediately cease operations, the primary concern is the safety of those nonparticipating persons. In addition, the FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the owner/controller of any such vessels, vehicles or structures grants permission for the operation and the PIC makes a safety assessment of the risk of operating closer to those obje cts and determines that it does not present an undue hazard."U.S. Department of Transportatio n

March 12, 2015 Page 21

the elevation of the departure airport or barometric pressure. An exemption is required to the

extent that the UASs do not have a barometri c altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 91.121 can be achieved in circumstances where: (1) the UASs will be operated below 400 f eet
AGL or below 17 , (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to con firm accuracy of the onboard GPS. 18

The UASs that Dronair intends to use for the proposed operations will meet all these operational characteristics. Moreover, as required by Dronair's Operations Manuals, the PIC will be required to calibrate the aircraf t's GPS compass prior to each flight operation. Like prior FAA Section 333 Grants of Exemption, the UASs Dronair intends to use, and the safety mitigation procedures contained in the Operations Manual s , both ensure that an equivalent level of safety

will be achieved, and a Grant of E xemption to the requirements of § 191.121 is therefore appropriate.

L

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

Conditions

Dronair requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements fo r flight

in VFR conditions. Section 91.151 states:

(a) No person may begin 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, assum ing 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.

Here, the technological limitations on UAS battery power means that no meaningful flight operations ca n be conducted while still maintaining a 30

- minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required.

17 If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be operated

more than 100 feet above the highest point on the structure

.

18 See Grant of Exemption No. 1106 2 to Astraeus Aerial ( FAA

- 2014

- 0352 at 21 )

.U.S. Department of Transportatio n

March 12, 2015 Page 22

Equivalent Level of Safety

In the Grant of Exemption to VDOS (Exemption No. 11112), the FAA determ ined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a SkyRanger flight unless (considering wind and forecast weather conditions) there was enough power to fly to the first intended point of landing and, assuming normal cruising speed, to fly after that for at least 10 minutes. In reaching this conclusion, the FAA considered that the UAS batteries for the SkyRanger provided provide approximately 50 minutes of p owered flight (with payload) and provided battery level and battery time remaining in minutes and seconds to the PIC. 19 The FAA also considered the fact that the SkyRanger operating manual states: “start every flight with a fully charge d battery in the

aer ial vehicle ” , and that in the event that the UAS should run low on power, the PIC will be alerted and can land the SkyRanger as s oon as possible. Like the VDOS Grant of Exemption, Dronair's use of the SkyRanger, combined with the requirements of Petitione r's Operations Manuals, ensure that an equivalent level of safety can be achieved.

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a flight with the DJI S1000+ unless (considering wind and forecast weather conditions), there was enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. Dronair will adhere to this limitation for DJI S1000+ flights.

The DJI S1000+ include s a low battery warning sys tem and t he amount of battery reserve power remaining is transmitted to the PIC via telemetric data feed, wh ich downlinks from the UAS to a ground

- based

- on

- screen display. 20 As required by Dronair's Operations Manual s , the PIC will promptly fly the UAS back to the home launch location or pre

- determined abort location where the UAS may safely land, while s till ma intaining a minimum of 25 % reserve battery power. Dronair submits that the procedures requiring flights to be safely terminated once

the batteries fall below 25 % capacity, combined with the requirement that flights only be conducted within a secure, isola ted area, using a UAS weighting less than 25 pounds, and within VLOS of the PIC and Observer(s), ensure that the proposed operation will provide an equivalent or higher level of safety to that provided by the regulations from which exemption is sought.

19 Grant of Exemption No. 11112 to VDOS Global, LLC ( FAA

- 2014

- 0382 at 10 )

.

20 The SkyRanger ground control station displays, the UASs position, navigation route, tail number, altitude, heading, north seeking ar row, range to targets, calculated target position, date/time. and sensor heading and orientation relative to the UAS.U.S. Department of Transportatio n

March 12, 2015 Page 23

VI. D RUG AND A LCOHOL P ROGRAM

Dronair will have policies in place to ensure that no person may participate in UAS flight operations if they are under the influence of alcohol or any drug.

VII. P UBLIC I NTEREST

The public interest will be served by gran ting Dronair's Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption hel ps fulfill Congress' goal in passing Section 333(a) through (c) of the

Reform Act

— the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily required rulemaking.

The proposed UAS operatio ns in this Petition for Exemption significantly improve safety

and reduce risk harm or serious injury to inspecting engineers. Traditional methods of inspecting monitoring industrial and construction sites, and utility power

- generation facilities and

infr astructure requires inspectors to climb towers or otherwise perform elevated work, which exposes them to the risk of dangerous falls. Inspectors are often exposed to hazardous chemicals

or oxygen

- deficient atmospheres, burns from steam or from hot equipme nt, and other mechanical

hazards associated with industrial sites and construction facilities. The use of small UASs can eliminate these hazards and is ultimately a much safer method of performing these types of inspections.

The use of small UASs also en hances safety and reduces risk because, unlike manned

aircr aft weighing thousands of pounds, carrying crew in addition to flammable fuel, the UASs

carry no passengers or crew . Further, in the unlikely event of an accident, Dronair's small battery powered UASs presents significantly less danger to persons on the ground when compared to operations by conventional manned aircraft. 21 As Petitioner's UASs are battery powered, the public will also benefit from a reduction in harmful emissions associated with

con ventional aircraft performing in the same functions proposed herein. Lastly, as recognized by

21 See Grant of Exemption No. 11158 to Team 5, LLC (FAA

- 2014

- 0783 at 12):

"Manned helicopters conducting aerial filming can weigh 6,000 p ounds or more and are operated by an onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner’s UAs will weigh less than 55 pounds with no onboard pilot or crew. The pilot and crew will be remotely located from the aircraft. Th e limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event of an incident or accident. The risk to an onboard pilot and crew during an incident or accident is eliminated with

the use of a UA for the aerial filming operation."U.S. Department of Transportatio n

March 12, 2015 Page 24

the FAA in prior Section 333 Grants of Exemption to filmmakers, UASs provide an additional tool for the aerial filming industry, adding a greater degree of flexi bility, which supplements the current capabilities offered by manned aircraft. 22

VIII. P RIVACY

All Dronair UAS operations will be conducted in accordance with applicable federal, state, or local laws regarding privacy. 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.

IX. F EDERAL R EGI STER S UMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

F EDERAL R EGISTER , should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of F ederal Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119 (c) ; 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b).

The exemp tion will enhance safety by reducing risk to the general public and property owners from the substantial hazards associated with performing equivalent film work and aerial inspection and environmental monitoring of industrial sites, transmission and storag e facilities, construction facilities and precision aerial surveys w ith conventional fixed

- wing aircraft, rotorcraft, or other methods.

X. C ONCLUSION

Dronair's Petition for Exemption satisfies the criteria articulated in Section 333 of the

Reform Act of 2 012 including weight, speed, operating capabilities, proximity to airports and populated areas, operation within VLOS and national security. The proposed UAS operations will benefit the public as a whole by improving safety and reducing risk by alleviatin g human exposure to danger. In consideration of the foregoing, this Petition for Exemption provides the FAA with more than adequate justification for granting the requested exemptions allowing

Dronair to use small UASs for: (1) scripted, closed

- set filmin g for the motion picture, television,

22 See e.g ., Grant of Exemption No. 11178 to Picture Factory, Inc. ( FAA

- 2014

- 0794 at 18 )

.U.S. Department of Transportatio n

March 12, 2015 Page 25

and web industry, and; (2) aerial inspection and environmental monitoring of industrial sites, transmission and storage facilities, construction facilities and precision aerial surveys.

We thank you for your prom pt consideration of our requested exemptions. Should you have any questions, or if you need any additional information to support the requested exemptions, please contact the undersigned or John McGraw at:

John McGraw Aerospace Consulting, LLC

Phone: 54 0

- 219

- 1638

Email: john@jmacaerospace.aero

Very truly yours,

/s/ Matthew J. Clark

Matthew J. Clark

Mark E. McKinnon Counsel for Dronair SolutionsU.S. Department of Transportatio n

March 12, 2015 Page 26

(The follo wing attached items contain proprietary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq. , and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

Attachment s:

Dronair sUAS Fl ight Operations Manual

Dronair DJI S1000+ sUAS Aircraft Flight Manual

Dronair Aeryon SkyRanger sUAS Aircraft Flight Manual