Pegasus Aviation, LLC
. Section 333 Exemption Request

15 August 2015 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 15 August 2015 **RE: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal**  **Aviation Regulations** To Whom It May Concern: Pursuant to Section 3 33 of the FAA Modernization and Reform Act of 2012 ("FAA Reform Ac t ') and 14 C.F.R. Part 11, PEGASUS AVIATON LLC requests an exemption from F ederal Aviation Regulations ("F ARs") detailed below for the INSPIRE 1 and PHANTOM 3 aircraft operated by PEGASUS AVIATON LLC. Furthermore, PEGASUS AVIATON LLC would like to specifically request exemptions from 14 CFR 21, 14 CFR 91.203, 14 CFR 45.23, 14 CFR 45.29, 14 CFR 91.9, 14 CFR 61.113, 14 CFR 61.133, 14 CFR 91 .109, 14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151, 14 CFR Subpart E (91.401

- 91.417), FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(l). These regulations will be listed in an itemized form below. 14 CFR 21 14 CFR 91.203 14 CFR 45.23 14 CFR 45.29 14 CFR 91.9 14 CFR 61.113 14 CFR 61.133 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151 14 CFR Subpart E (91.401

- 91.417) FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1). The INSPIRE 1 aircraft is a four

-rotor UAS that weighs 6.4 pounds, and is operated using a radio control (5.725

– 5.825 GHz and the 2.400

– 2.483 GHz) transmitter, and monitored using an Android or Windows based ground control station. The INSPIRE 1 is capable of operating with a payload of high

resolution DSLR cameras, infrared cameras, and video cameras for photography, videography, geospatial analysis and photogrammetry. This request for an exemption would support a COA application to usePegasus Aviation, LLC
. Section 333 Exemption Request

15 August 2015 INSPIRE 1 for agricultural survey, film production, property survey, aerial photography, pipeline survey, and for monitoring damage in the event of a natural disaster. The PHANTOM 3 aircraft is a four

-rotor UAS that weighs 2.8 pounds, and is operated using a radio control (2.400

– 2.483 GHz) transmitter, and monitored using an Android or Windows based ground control station. The PHANTOM 3 is capable of operating with a payload of of high

-resolution DSLR cameras, infrared cameras, and video cameras for photography, videography, geospatial analysis and photogrammetry. This request for an exemption would support a COA application to use PHANTOM 3 for agricultural survey, film production, property survey, aerial photography, pipe line survey, and for monitoring damage in the event of a natural disaster.

PEGASUS AVIATON LLC has extensive operational experience in the United States . PEGASUS AVIATON LLC extensively researched and found the INSPIRE 1 and PHANTOM 3 platforms to be most conducive for t opographic survey and aerial mapping. PEGASUS AVIATON LLC staff members are experts within the aviation industry with specializations in avionics, maintenance, operations, flight training and aviation curriculum. PEGASUS AVIATON LLC is requesting this exemption in order to operate INSPIRE 1 and PHANTOM 3 aircraft f or low altitude aerial photography in unpopulated areas for primarily precision agricultural survey and property survey. The FAA recently granted a number of companies an exemption to use small UAS to film for movie and TV production companies. PEGASUS AVIATON LLC is also requesting this exemption to use the INSPIRE 1 and PHANTOM 3 aircraft to film and photograph for movie and TV production companies, and asse rts that the combination of PEGASUS AVIATON LLC operations in conjunction with the INSPIRE 1 and PHANTOM 3 aircraft is as safe, if not safer than the operator/ platforms combinations in use by these companies. The presence of UAS and their integration into the NAS has been in the public eye for quite some time now, and both the private and public sectors have shown a significant amount of interest in paving the way for safe and responsible UAS operation. PEGASUS AVIATON LLC is fully committed to this mission, and desires to operate small UAS for both research and commercial purposes using the Flight Restrictions (FRs) listed below. The INSPIRE 1 and PHANTOM 3 aircraft will be operated in accordance with the foll owing F ARs:  Flight operations will occur only in Class E or Class G airspace  Flight operations will occur at no more than 400 feet above ground level  Flight operations will occur using an electric power source  Flight operations will not risk the safety of the PIC or VO, or fly over any me mbers of the general public  Flight operations will avoid congested or populated areas, which the FAA designates as yellow on VFR charts  Flight operations will be operated within VLOS, with one PIC and one ground based VO wi thin an audible distance of the PIC  Flight operations will occur only during daylight hours  Flight operations will not be conducted within a 5 NM radius from the center of any FAA designated airport  Flight operations will only be conducted with permission from the land owner  Flight operations will comply with all NOTAMs and TFRsPegasus Aviation, LLC
. Section 333 Exemption Request

15 August 2015 PEGASUS AVIATON LLC is submitting this petition on its own behalf. If the FAA requires any modifications to this petition for exemption , PEGASUS AVIATON LLC requests the opportunity to amend this petition to include any modifications the FAA may require before granting or rejecting the petition for exemption. PEGASUS AVIATON LLC will amend its petition to meet any additional standards for the integration of small UAS operation into the NAS. PEGASUS AVIATON LLC also requests that the FAA keep any materials labeled "Confidential" from the public record for the purpose of maintaining our intellectual property. Very Respectfully,

David Ruiz jetbrs @ gmail.com (2 54) 7 15
- 0505 6904 Viking Drive Waco , TX 7 6710

ATTACHED: **Exemption Requests INSPIRE 1**  **M ulti**  **- R** **otor D**  **rone A** **ircraft User**  **Manual**

- **Spec Sheet** 

- **Preflight Checklist PHANTOM 3**  **Multi -**  **Rotor Drone Aircraft Manual**

- **Spec Sheet**

- **Preflight Checklist**Pegasus Aviation, LLC
. Section 333 Exemption Request

15 August 2015 **EXEMPTION REQUESTS Pegasus LLC**  **requests exemption for the following statutes:** 14 CFR 21 14 CFR 91.203 14 CFR 45.23 14 CFR 45.29 14 CFR 91.9 14 CFR 61.113 14 CFR 61.133 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151 14 CFR Subpart E (91.401

- 91.417) FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(1). **14 CFR 21 ǁ Airworthiness Certificates**  PEGASUS AVIATON LLC requests an exemption from Section 14 C FR Part 21 which requires the issuance of an Airworthiness Certificate for flight operation, while the FAA is still carrying out research and development for UAS standards and regulation. The INSPIRE 1 multi

-rotor aircraft weights only approximately 6.4 pounds
. Itwill not carry fuel or passengers, and will obey the operational requirements (FRs) outlined in the introduction to this exemption petition. The IN SPIRE 1 can travel at most 1.2 NM from launch due to transmitting distance constraints and forward speed limitations. We assert that the INSPIRE 1 , as compared to manned aircraft, significantly reduces the risk to crew, passengers, property, and the general public due its small size, limited range, and FR outlined above. The PHANTOM 3 multi

-rotor aircra ft weights only approximately 2.8 pounds
. Itwill not carry fuel or passengers, and will obey the operational requirements (FRs) outlined in the introduction to this exemption petition. The PHANTOM 3 can travel at most 1.2 NM from launch due to transmitting distance constraints and forward speed limitations. We assert that the PHANTOM 3 , as compared to manned aircraft, significantly reduces the risk to crew, passengers, property, and the general public due its small size, limited range, and FR outlined abo ve. In the event that the FAA requires PEGASUS AVIATON LLC to obtain an Experimental Airworthiness Certificate or traditional Airworthiness Certificate in order to receive an exemption from Section 333, PEGASUS AVIATON LLC requests an opportunity to pursue such a certification. **14 CFR 91.203 ǁ**  **Civil Aircraft; Certifications Required** Section 14 CFR 91.203 requires that aircraft carry on board the aircraft's Airworthiness Certificate. The subsection (b) further states that the Airworthiness Certificate should be "di splayed at the cabin or cockpit entrance so that it is legible to passengers or crew". PEGASUS AVIATON LLC has requested an exemption in the previous section (14 CFR 21 I Airworthiness Certificates). In the event that the FAA required PEGASUS AVIATON LLC to obtain an experimental Airworthiness Certificate, PEGASUS AVIATON LLC would pursue such a certification and keep the relevant information on the ground with the PIC and VO at their designated ground station.Pegasus Aviation, LLC
. Section 333 Exemption Request

15 August 2015 Subsection (b) does not apply to either the INSPIRE 1 or the PHANTOM 3, as they do not carry passengers or crew, or have a "cockpit" entrance. PEGASUS AVIATON LLC proposes mounting the PEGASUS AVIATON LLC identification information (mailing address, phone number, COA ID Number, or any other information deemed relevant to the FAA) and the UAS identification information (UAS unique number issued by PEGASUS AVIATON LLC , and Airworthiness Certificate information if required) on a visible exterior surface of any aircra ft operated by PEGASUS AVIATON LLC
. **14 CFR 45.23 ǁ**  **Display of marks; general.** Subsections (a) and (b) for 14 CFR 45.23 require that the operator of the aircraft display the registration number on the side of the aircraft, and at various positions "near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high". Neither platform (INSPIRE 1 and the PHANTOM 3) has a cabin, a cockpit, pass engers or crew, and as such has no means of mounting to these structures. PEGASUS AVIATON LLC propos es that it keeps identification information and airframe operating manuals with the PI C and VO at the ground station. PEGASUS AVIATON LLC also proposes that in place of the markings require d by 14 CFR 45.23, it keeps registration information and the PEGASUS AVIATON LLC mailing address; email address, and phone number permanently affixed to a visible exterior surface of any aircraft being operated by PEGASUS AVIATON LLC
. **14 CFR 45.29 ǁ**  **Size of** 

**marks.** Subsections (a) and (b) of 14 CFR 45.29 provide for the size and dimensions of the markings noted in 14 CFR 45.23. Subsection (b) section (iii ) states that "Marks at least 3 inches high may be displayed on an aircraft for which the FAA has issue d an experimental certificate under§ 21.191 (d),§ 21.191 (g), or § 21.191 (i) of this chapter to operate as an exhibition aircraft, an amateur

-built aircraft, or a light

- sport aircraft when the maximum cruising speed of the aircraft does not exceed 180 knots CAS". PEGASUS AVIATON LLC proposes that the mounted identification inf ormation listed in the previous two sections will be sufficient for identification for either the INSPIRE 1 or the PHANTOM 3 aircraft. As the aircraft are only 6.4 pounds and 2.8 pounds respectively and do not have the space on board to post 3 inch letters, we propose that PEGASUS AVIATON LLC keeps registration information and the PEGASUS AVIATON LLC identification information (mailing address, email address, phone number, or any other information the FAA deems relevant for identification purposes) permanently affixed to a visible exterior surface on each of the INSPIRE 1 and PHANTOM 3 aircraft operated by PEGASUS AVIATON LLC and on each associated remote control and with the PIC and VO on the ground. **14 CFR 91.9 ǁ**  **Civil aircraft flight manual, marking, and placard requirements.** Section 14 CFR 91.9 requires those operating an aircraft to keep a Flight Manual on board the aircraft during operation. PEGASUS AVIATON LLC requests an exemption from this section as the INSPIRE 1 and PHANTOM 3 aircraft operated by PEGASUS AVIATON LLC do not carry passengers or crew and would not benefit from keepi ng a Flight Manual on board the aircraft during operation. PEGASUS AVIATON LLC will keep a Flight Manual with the PIC and VO at the ground station.Pegasus Aviation, LLC
. Section 333 Exemption Request

15 August 2015 **14 CFR 61.113 ǁ**  **Private pilot privileges and limit ations: Pilot in command and 14**  **CFR 61.133 ǁ**  **Commercial pilot privileges and limitations.** 14 CFR 61.113 stipulates, ''No person who ho lds a privat e pilot certificate may act PIC that is carrying passengers or property for compensation o r hire". Subsection (b) of this part stipulates that the PIC may conduct flight if (1) the ''fl ight is only incidental to that business or employment; and (2) "the aircraft does not c arry passengers or property for compensation or hire." As PEGASUS AVIATON , LLC will require its PICs to possess a FAA Commercial Pilot (Single

- Engine

Land) airman certificate and platform training specific to each airframe listed within this request, a request for exemption from 14 CFR 61.113 is not being requested nor should it be required. **14 CFR 91.109 ǁ**  **Flight instruction**  **; S**  **imulated instr**  **ument flight and certain flight tests.**  14 CFR 91.109 stipulates, "No 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." PEGASUS AVIATON LLC requests an exemption from this part, as the INSPIRE 1 and PHANTOM 3 aircraft operated by PEGASUS AVIATON LLC uses on board software and a small RC transmitter for flight operation, which can accommodate "Instructor" override with the correct RC transmitter. We feel that this override, along with training within VLOS for the PIC, VO, student, and in structor, is sufficient for the operation of the INSPIRE 1 and PHANTOM 3 aircraft operated by PEGASUS AVIATON LLC
. **14 CFR 91.119 ǁ**  **Minimum safe altitudes: General.** 14 CFR 91.119 requires that the PIC operate at " ... an altitude of 500 feet above the surface, except over open water or sparsely populated area s. In those cases, the aircraft may not be operated closer than 500 feet to any person, ve ssel, vehicle, or structure." Following current FAA guidelines, the INSPIRE 1 and PHANTOM 3 aircraft operated by PEGASUS AVIATON LLC operates below 400 feet and within VLOS. Considering that we intend to operate within VLOS and below 400 feet, the I NSPIRE 1 and PHANTOM 3 aircraft operated by PEGASUS AVIATON LLC cannot comply with this request. PEGASUS AVIATON LLC will operate within all guidelines and proposed operation procedures outlined above. In addition, PEGASUS AVIATON LLC will fly only over private property with written permission from the property owner for flight, image capture, image storage, and image transfer (in accordance with Texas House Bill 912, published September 2013). **14 CFR 91.121 ǁ**  **Altimeter settings.** 14 CFR 91.121 stipulates that the PIC "operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft." The INSPIRE 1 and PHANTOM 3 aircraft operated by PEGASUS AVIATON LLC maintain altitude using the GPS reading for altitude on board, transmitted through telemetry to a tablet, Android device, or PC. Considering the GPS altitude function and these aircraft will only be in flight for around 15
- 18 minute s , PEGASUS AVIATON LLC requests an exemption from 14 CFR 91.1 21
.Pegasus Aviation, LLC
. Section 333 Exemption Request

15 August 2015 **14 CFR 91.151 ǁ**  **Fuel requirements for flight in VFR conditions.** 14 CFR 91.151 requires that the PIC may not b egin a flight under VFR "unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing ...” The INSPIRE 1 and PHANTOM 3 aircraft operated by PEGASUS AVIATON LLC do not use liquid fuel, but ins tead uses a lithium polymer battery that utilizes electric energy instead of fuel. Considering this clarification, and the fact that the INSPIRE 1 and PHANTOM 3 aircraft operated by PEGASUS AVIATON LLC cannot fly more than 1.2 NM from its launch point, PEGASUS AVIATON LLC requests an exemption from 14 CFR 91.151. **14 CFR Subpart E (91.401 -**  **91.417) ǁ**  **General Operating and Flight Rules** Subsections 91.405 and 91.407 of 14 CFR Subpart E require that routine and regularly scheduled maintenance be performed upon the aircraft before flight. Furthermore, Section 91.407 Part (1) stipulates that no person may operate an aircraft unless "It has been approved for return to service by a person authorized under §43.7 of this chapter". PEGASUS AVIATON LLC requests exemption from these points, and proposes that the PIC and VO be allowed to perform maintenance reviews and inspections once a month, and pre

- flight checks before every flight. The 'Monthly Maintenance Inspec tion Checklist' and ' Pre
- flight/Post
- flight Checklist’ are both attached to this petition. The PI C and VO will be able to repair broken arms, replace broken or worn propellers, and calibrate using the flight software. Further diagnosis or maintenance that requires tools not available to the PIC or VO in the field will be performed by the aircraft manufacturer
. **FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(l).** Policy 8900.227 Paragraphs 16(c)(4) and 16(e)(l) stipulate that the PIC and VO must have valid medical evaluations, classified as FAA sec ond

- class medical certificates, in order to perform as the Pilot In Command or the Visual Observer. As PEGASUS AVIATON , LLC will require its PICs and Visual Observers to possess a FAA second

class medical certificates, a request for exemption from FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(l) is not being requested nor should it be required. Very Respectfully,
David Ruiz Pegasus Aviation L.L.C. 6904 Viking Drive Waco, TX 76710 1
- 254
- 715
- 0505 jetbrs@gmail.com