Page 1 UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

DOCKET MANAGEMENT SYSTEM 1200 NEW JERSEY AVE., SE WASHINGTON, DC 20590

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:



## Advanced Research and Engineering Integrated S olutions,

LLC ( AREIS )

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF THE FAA REFORM ACT AND

PART 11 OF THE FEDER AL AVIATION REGULATI ONS FROM

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS C.F.R. §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) & (b)

, 61.133(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1) and (b) , 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and

91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR)

CONCERNING COMMERCIAL OPERATION OF UNMANN ED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on December 11 , 2015

Advanced Research and Engineering Integrated Solutions, LLC (AREIS) 111 Bailey Drive, Ste. 3

Niceville , FL 32578 mark.denney@areisllc.com

areisllc.comPage 2



### Table of Contents

GLOSSARY OF ABBREVIATIONS

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

INTRODUCTION AND INTERESTS OF THE PETITIONER

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

The name and addr ess of the Petitioner:

................................ ................................ ............................. 4 Background

................................ ................................ ................................ ................................ ............... 4 Expertise & Experience

................................ ................................ ................................ ................................ 5 Commitment to Safety

................................ ................................ ................................ ................................ .. 5 Regulations from which the Exempt ion Relief is requested

................................ ........................ 5 Description of Type, Make and Models of UASs Requested:

................................ ........................ 6 Commercial (Mission, Operation) Purpose:

................................ ................................ ........................ 6 Description of Proposed Operations

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

The Exemption Request

................................ ................................ ................................ ......... 7 Operator Requirements

................................ ................................ ................................ ..................... 10 Aircraft and Equivalent Level of Safety

................................ ................................ ........................ 13 Specific Uses Public Benefits

................................ ................................ ................................ ............ 17 Equivalent Level of Saf ety

................................ ................................ ................................ ................. 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. §91.121 Altimeter Settings

................................ ................................ ................................ ... 20 14 C.F.R. § 91.15 1(a): Fuel Requirements for Flight in VFR Conditions

.............................. 20 14 C.F.R. §91.405 (a); 91.407 (a) (1); 91.409(a) (2); 91.417(a) & (b): Ma intenance Inspections

................................ ................................ ................................ ................................ ..................... 21

Federal Register Publication

................................ ................................ ............................. 21

Privacy and National Security

................................ ................................ ........................... 22

Summary

................................ ................................ ................................ ................................ ... 22

APPENDIX A

– UAS SPECIFICATIONS

................................ ................................ .............................. 25

APPENDIX B

– USAF UAS SAFETY QUES TIONNAIR

................................ ................................ .... 33

APPENDIX C

– FLIGHT LOG

................................ ................................ ................................ ................ 34Page 3



## GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organizat ion

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate o f 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

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aerial System

UAV Unmann ed Aerial Vehicle

VFR Visual Flight Rules

VLOS Visual Line o f Site

VMC Visual Meteorological Conditions

VTOL Vertical Take

- Off and LandingPage 4



## INTRODUCTION AND INTERESTS OF THE PETITIONER

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, Advanced Research and Engineering Integrated Solutions, LLC (AREIS) developer and o perator of Unmanned Aerial Systems (UASs ) equipped to offer on

- demand commercial UA S 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 UASs , so long as such operations are c onducted 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)

As described more fully below, the requested exemption would permit the operation of a UAS under controlled conditions in airspace that is 1) limited; 2) predetermined; and 3) would provide safety enhancements in the fields in which it will operate, which now depend upon conventional aircraft or humans climbin g high on da ngerous struct ures, walking in insect laden swamps, and working adjacent to treacherous infrastructure. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “... establish requi rements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the

Reform Act.



### The name and address of the Petitioner :

Petitioner: AREIS

111 Bailey Drive, Ste. 3 Niceville, FL 32578

Owner: Mark Denney

ph. ( 850) 974

- 2160 mark.denney@areisllc.com



### Background

The Petitioner, AREIS is under the direction of Mr. Mark Denney. Mr. Denney is a highly accomplished, capable, experienced and trusted unmanned systems professional with over eighteen years’ experience wi th unmanned systems design, development, integration, testing, training, mission support, and manufacturing.

AREIS is a n engineering company primarily supporting the military’s use of unmanned systems for the warfighters as well as weapons testing events, andPage 5

emergency response. AREIS is expanding its unmanned system support capability into the commercial and public safety markets. ARIES years of experience in flight preparation and safety procedures will be duplicated in our UAS work in the NAS.

AREI S pushes state

- of

- the

- art in equipment to provide the best sensor data for our customer as well as safety for the environments that we fly. AREIS staff of engineers/pilots is intimately familiar with all aspects of each UAS and have hundreds of flight hou rs and missions with the above mentioned systems as well as a wide variety of UAS systems ranging from micro class to Class II. In addition each

of our non

- licensed pilots have complete the FAA Ground School

AREIS is experienced in aircraft and airspace safety. Each mission that is flown in the restricted airspace requires de

- confliction with frequency control and the airspace control tower. This requires a pre

- flight approval processes and mission time contact with the control tower. AREIS is always i n constant contact with the control tower during flights in case of emergency air traffic entering mission airspace.



### Expertise & Experience

In addition to the yea rs of AREIS staff UAS flight experience AREIS has a group of licensed private pilots that will provide the pilot in charge (PIC) role for all drone flight operations within the NAS. The pilots are each employed as commercial pilots therefore; the pilot in charge will vary based on availability. E ach of these pilots will have the necessary training on the UAV to perform pre

- flight inspections, address tower communications, safety, and unexpected events.



### Commitment to Safety

As part of its commitment to safety and innovation, AREIS is asking for this exemption in part, to reduce the risk o f contractors who participate in the proposed activities the petitioner requests, including but not limited to damage to agriculture, natural habitat, buildings and other structures within the United States.



### Regulations from which the Exemption Relief is reques ted

14 C.F.R. § 61.23 (a) & (c) 14 C.F.R. § 61.101 (e)(4) and (5) 14 C.F.R. § 61.113 (a) & (b) 14 C.F.R. § 61.133(a) 14 C.F.R. § 61.315(a) 14 C.F.R. § 91.7(a)Page 6

14 C.F. R.§ 91.119(c) 14 C.F.R. § 91.121 14 C.F.R. § 91.151 (a)(1) and B 14 C.F.R. § 91.405 (a) 14 C.F.R. § 91.407 (a) (1) 14 C.F.R. § 91.409 (a) (1) and (2) 14 C.F.R. § 91.417 (a) & (b)



### Description of Type, Make and Models of UAS s Requested:

The petitioner is seeking an exempt ion to commercially operate UAV s makes and

mode l s as follows:

AREIS MR F

- 4 (DJI Autopilot)

, MRF

- 4 (Pixhawk Autopilot), AREIS MRF

- 6 (DJI Autopilot), AREIS MRF

- 6 (Pixha wk Autopilot), AREIS Nighthawk (Lockheed M artin (Procerus) Kestrel Autopilot)

, AREIS G2R (Lockheed M a rtin (Procerus) Kestrel Autopilot )

Appendix A is a brief su mmary of each UAS listed above.

E ach separately weighs 55 lbs. or less, with imaging /sensor payload s and applicable equipment.

See Appendix B for an example safety questionnaire required to operate the UAS in

DoD restricted air space. This type of safet y questionnaire is required for all UAS s owned and/or operated by AREIS when operated in the DoD restricted airspace . In addition AREIS can provide operating procedural manuals for each UAS if requested

.



### Commercial (Mission, Operation) Purpose:

This ex emption request

, once granted would allow the petitioner to operate a unmanned aerial vehicle ( UAV), unmanned aircraft system (UAS) to collect aerial

video and provide a live video feed and/or other sensor data to assist with

s ituational awareness support for emergency responders and search and rescue operations under the authority and support of local authority officials

, commercial bridge i nspections, flare stack inspect ion, utility

- power generation sy stem inspections and patrolling, aerial inspection, ph otography and videography of utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers, pipeline s, , precision agriculture with on board sensors, wildlife and forestry monitoring and mosquito and insect contro l, aeri al surveying, construction

site inspection and monitoring, a erial imaging for safety, monitoring and comparing work efforts and completion percentages, surface mining, and security of a controlled environment for various sites , aerial video and pho tography for publicPage 7

and private use including television, public events, and cinematography live feed and live newsgathering, training to persons individually or belonging to both private and public organizations to increase awareness and improve safety f or current and futur e UAS operations within the NAS, photography and videography of

residential and commercial real estate, disaster and catastrophe events. AREIS

would like to faci litate safe integration of UAS s into mainstream USA in the following areas

.



### Description of Proposed Operations

To assist the FAA in its safety assessment of A REIS proposed UAS operations, below is a summary of operational limitations and c onditions that will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The UAS will weigh less than 55 pounds. 2. Flights will be operated within line of sight of the PIC and visual observer. 3. Maximum total flight time for each operational flight will be limited to the amount

of time the UAS can be flown and still maintain a reserve battery power of no less

than 30%. 4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Flights will be operated at a lateral distance of least 100 feet from any inhabited structures, buildings, vehicles, vessels, people not associated with the operation or

who have not signed a waiver in advance of the operation. 6. Minimum crew for each op eration will consist of the UAS PIC (and a Visual Observer/ Camera Operator when appropriate).

7. The UAS PIC will be the petitioner Derick Travis Jack.

8. A REIS will designate a Pilot in Command ("PIC") for each mission.

9. The UAS will operate only within a confined safe and uncongested area. 10. Prior to the operations at a particular location, a site inspection will be

conducted. On the day of the mission the management person with operational

control and the PIC will concur o n performing the mission after reviewing all safety issue compliance. 11. Prior to initiating each mission a briefing will be conducted in regard to the planned



## The Exemption Request

AREIS proposes the use of the sUAV’s will be for capture of high resolution imagery

and video , chemical plums data , radiological materials, etc. for commercial applications and purposes to a level of quality that allows the Petiti oner to use the

data to identify, record, memorialize events and objects according to the purposes

noted.Page 8

The sensor data will be used to identify the condition of events, disasters and

infrastructure

.

 Emergency Response AREIS has been working with the military in the areas of emergency response for fire, search and rescue, active shooter, airplane down, natural disaster

, infrastructure assessment, etc. It is AERIS desire to take the lessons learned and introduce/demonstrate the UAS reliability and cap abilities in extreme situations.

The ability to offer real time HD and IR video facilitates placing person nel and equipment in the right places and keeping them out of harm’s way. AREIS’s

mission is to assist governmental agencies safely into the NAS.

 Com mercial Energy/Utility Sector AREIS has been in discussions with energy companies regarding UAS uses and would like to demonstrate UAS capabilities for , utility

- power generation system inspections and patrolling, aerial inspection

, pipeline inspection and patrolling, including but not limited to electrical power lines, wind turbines and cell towers,

and flare stack inspection

.

 Agriculture, Conservation , Environmental

AREIS will introduce and demonstrate to the farming community that the UAS

can aid in comm ercial agriculture, land management and conservation efforts by assessing crops, mapping flood zones, and more. The UAS can fly pre

- configured missions via the fully automated ground station, which allows for time

- lapse photos of fields, crops and known la nd tracts. It also can accurately recreate the same pattern during all seasons, providing invaluable data for land and soil management. Using HD video, HD photos, multi

- spectral cameras, and IR

cameras allows for detailed analysis and recording. With photo rendering software, 3D maps and topography can be used in conjunction with time

- lapse photos to create highly detailed maps for erosion, flood mapping and other

critical aspects of land management.

AREIS will also work with the forestry services in intro ducing and demonstrating UAS capabilities for combating brush and forest fires and wildlife management. AREIS has successfully demonstrated the usefulness of UASs finding and monitoring forest fires on military restricted areas and would like to expand th at into the national parks.

 Real Estate

AREIS will use UAS s in all areas of real estate, including agricultural, vacant land, commercial, residential and industrial properties

, aerial surveying, construction site inspection and monitoring, monitoring and comparing work efforts and completion percentages

. Using a UAS , real estate professionals can create promotional videos, photos and unique shots that normal camera aspects cannot capture. The remote platform is great for new planning, zoning and largePage 9

dev elopments. Simple and easy

- to

- use video and photos allow for multiple height pictures and elevation views.

 Training AREIS would like to investigate providing training to persons individually or belonging to both private and public organizations to incr ease awareness and improve safety for current and futur e UAS operations within the NAS. AREIS

staff has provided hundreds of hours of UAS training to military personnel over the years that include pre

- flight inspections, mission planning, data gathering, data analysis, UAS repair and preventative maintenance.

In all missions the UAS will be operated by AREIS and or contract ed operators on
occasion to capture sensor data for all the applications listed above. Given the small

size of the UAV s involved, no more than 5 5 lbs., majority of the speed of operation

be less than 15 mph and the restricted environment within which they will operate,

the Petitioner falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned t hat the FAA must, by exemption, allow commercial operations of UASs to commence i mmediately.

This exemption application is submitted to fulfill Congress’ express goal in passing Sections 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

 The UA S size, weight, speed, and operational capability;

 Operation of the UAS in close p roximity to airports and populated areas; and

 Operation of the UAS within visual line of sight of the Operator.

Reform Act § 333 (a). Lastly, if the Secretary determines that such vehicles “may

operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system. ” Id. §333(c) (emphasis added). 1

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its te rms, includes exempting civil aircraft,

1 Applicant interprets this provision to place a d uty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be determined that the

conditions set forth herein do not fulfill the statutory requirements for approval.Page 10

as the term is defined under §40101 of the Act: The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702

- 44716 of thi s title if the Administrator finds the exemption is in the public interest. 49 U.S.C. §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a)(1) This authority to grant exemptions reaches such issues as authorization of commercial operation of aircraft without an FAA issued pilot’s license.

AREIS in filing this application is requesting that the FAA combine the grant of the Section 333 exemption with a standard Certificate of Operation (COA) that will

allow commercial operations of its AREIS ’ sUAV without the necessity of filing for a

COA for each flight, unless such flight is to be conducted in an area not approved in the exemption. Compliance with the conditions agreed to herein and that may be imposed by the FAA, as set forth in prior Sect ion 333 exemptions, provide the separation needed from other aircraft.

In addition, given that all operations will be conducted below 400 AGL feet and no

closer than 5 nautical miles of the geographic center of an airport as denoted on a

current FAA publi shed aeronautical chart, unless a letter of agreement with that airport’s management is obtained, AREIS requests that operations over congested or densely populated areas be allowed. The new sUAV’s do have GPS geo

- fencing, it will operate at a very low alt itude, within confined areas, at low speed and weighs no

more than 55 lbs. Such operations will only be under

- taken with the approval of the

land or home owner , as set forth herein, and will comply with the requirements that operations be no closer than 40 0 feet to the adjacent building unless the land owner has provided permission, and the Operator has made a safety assessment of the risk from such operations.



### Operator Requirements

Given the UAV s proposed by AREIS , Operators should not be required to ho ld a private pilot license. AREIS believes t hat 1) the operator, instead of understanding

how to operate a passenger carrying aircraft, should have knowledge and experience that enables the safe operati on of a small, remotely piloted sUAV and

should unders tand airspace restrictions and know how to ensure separation from

other aircraft as well as non

- participants and property; 2) the sUAV has built

- in technical capabilities that limit the potential for unsafe operation and 3) there are other security screeni ng mechanisms already in existence that AREIS will utilize to ensure the operators are acting cons istently with national security interests.

Given the UAV safety features outlined below, AREIS proposes that its operat ors under this Exemption request shou ld not be required to hold a commercial or private pilot certification. Instead, Operators should be required to: have successfully completed, at a minimum, FAA p rivate pilot ground instruction andPage 11

passed the FAA Private Pilot written examination or FAA

- re cognized equivalents;

have completed AREIS ’ s training program for operation of the UAS.

AREIS notes that 1) the FAA has found that safety factors permitted operation of

UAV ’ s by Operators with these qualifications in the case of operations pursuant to pub lic COAs when the mandatory operating conditions specified above were

present; and 2) that the Notice of Proposed Rulemaking entitled Operation and

Certification of Small Unmanned Aircraft Systems, 80 F.R. 9544 (February 23, 2015) (“NPRM”), does not requir e the operator to hold a private pilot license or a third

class medical.

AREIS UAV ’s have a dvanced autopilot systems for navigation and control that allow

it to execute very accurate pre

- programed flights. Flights are p re

- 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 Oper ator 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 enh ancing features of the AREIS UAV ’s may include the following:

1) Auto

- pilot detection of lost GPS or of ins ufficient satellites initiates an

immediate landing, 2) Low power on the aircraft triggers escalating alarms at GCS at 35% and 10%

levels. Low power be low 10 % triggers an immediate landing, 3) If the auto

- pilot detects a lost

- link to the ground control ler, 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 devi ation from the flight path, 5) The aircraft, weighs less than 55 lbs., fully loaded, 6) The motors are driven by pulse width modula ted signals, not analog signals, 7) The aircraft will operate for the Purposes at no more t han 35 mph (while imaging) nor above 200 feet above the structure (imaging a ltitude) or a

maximum of 400 fe et AGL.

See Federal Aviation Administration, Notice N

- 8900.227, Unmanned Aircraft Systems (UAS) Operational Appr oval, at 20

- 21 (July 30, 2013); As the FAA has determined in Exemptions 11062 thru 11067,11080 and 11110 (the “Exemptions”), in comparing the requirements for private pi lot knowledge and the knowledge required for a commercial pilot, that knowledge associated with a private pilotPage 12

license, a nd therefore private pilot ground school, was sufficient to allo w private pilots to operate UAV ’ s under those exemptions.

Based upon that analysis, AREIS believes successful completion of FAA private pilot ground school is a suitable predicate to operati ng the UAV under this exemption.

AREIS proposes that the O perator accumulate required UAV flight training hou rs through the operation of UAV ’ s rather than flight hours in conventional aircraft.

Those hours are more relevant to the operations proposed herei n than hours gained in obtaining a private pilot’s certificate in conventional or rotor aircraft. Those aircraft are orders of magnitude heavier than the UAS and carry not only the pilot himself, but also passengers and fuel, none of which is carried in th e UAS . These conventional aircraft fly over all sorts of airspace without the permission or

knowl edge of the landowner

.

A handheld radio controller controls the UAV and the vehicle is operated within the line of sight. The requirements of Part 61.127 (co mmercial flight proficiency) and §61.107 (private flight proficiency), to the extent they are relevant to UAS operations, can be taught in the training pro posed herein. As a review of the requirements of part 61.127 and 107 demonstrate, the issues presente d as they

relate to a 55 pound aircraft, operating at less than 3 5 mph during data collection operations are those taught in ground school and in flight training with the

par ticular UAS and not gained from accumulating flight hours in a fixed wing or

rotor craft gas or jet A powered aircraft completing cross country flights and take offs and landings at controlled and uncontrolled airports.

As to national security review of pilots, each of AREIS ’ pilots/operators will obtain internally provided certified t raining ( Ground and Practical) from AREIS t o o perate
the UAV

. This review and certification could reasonably vet the Operators against any known terrorist or no fly listings that are relevant and publically available. . In

addition because we work close ly with the military, most of our employees are vetted through the security clearance processes.

AREIS additionally asks that the exemption be iss ued without the requirement for a visual observer. As set forth herein, an equivalent level of safety is prov ided 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.

The Operator will be operating the aircraft, always w ithin line of sight. He or she will

walk and follow the aircraft around the inspection 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 t he flight. Rather, once the UAV is launched, the Operator’s only duty will be to watch the flight of the UAS over the structure and intervene to address flight path deviations or other issues that arise dur ing the flight. The functions that an observer performs where the aircraft is flown at long distances from the launchPage 13

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 necessa ry 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.

AREIS again notes that the NPRM does not require the use o f 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 UAV ’ 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. 2



### Aircraft and Equivalent Level of Safety

The Petitioner proposes that the exemption requested here in apply to civil aircraft

that have the characteristics and that o perate with the limitations listed herein.

These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the operat ions conducted with conventional aircraft or with humans climbing up and around structures.

These limitations and condi tions to which AREIS (referred to as “Operator”) agrees to be bound when conducting commercial operations under an FAA issued exemption include:

1) Operations authorized by this grant of exempt ion are limited to the aircraft described in the Operator’s manu al, which is a re mult i

- rotor s and/or fixed wing weighing up to 5 5 pounds: Proposed operations of any other aircraft

will require a new petition or a petition to amend this grant.

2) The UA may not be flown at an indicated airspeed exceeding 3 5 mph ( multi

rot ors 10 mph during inspections).

3) The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the Operator’s manual. All altitudes reported to ATC must be in feet AGL.

2 Should the FAA determine that it cannot grant such an exemption for operations without a FAA licensed private pilot, despite the showing made herein, under the statutory authority the FAA already has, AREIS will opera te its aircraft with pilots holding at least a private pilot certificate issued by the FAA.Page 14

4) The UA must be operated within visual line of sight (VLOS) of the Aircraft Operator at all ti mes. This requires the Aircraft Operator to be able to use

human vision unaided by any device other than corrective lenses

. .

5) The Exemption Holder’s Manuals must be amended to i nclude all conditions

and limitations required by the FAA. The Manuals must be maintained and

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

between the conditions and limitations in the exemption and the procedures

outlined in t he Exemption Holder’s Operator’s manual, the conditions and

limitations in the exemption take precedence and must be followed. Otherwise, the Aircraft Operator must follow the procedures as outlined in

its Aircraft’s manual. The Exemption Holder may update or revise its Manuals. It is the Exemption Holder’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The Exemption Holder must also present updated and revised documents if it petitions fo r an extension or amendment of this exemption. If the Exemption Holder determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the Exemption Holder must petition for amendment to its exemption.

6) Prior to each flight, the Aircraft Operator must inspect the UAS to ensure it is

in a condition for safe flight. If the inspection reveals a condition that affects

the safe operation of the UAS, the aircraft is prohibited from operating until the necessary mainten ance has been performed, and the UAS is found to be

in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly

documented in the aircraft records.

7) Any UAS that h as undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical

component, must undergo a functional test flight in accordance with the Exemption holder’s Manuals. The Aircraft Operato r who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and aircraft record entry must be added to the Exemption Holder’s Operator’s

manual.

8) The Ex emption Holder must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements, with particular attention to flight critical components that may not be addressed in the manufacturer’s manua ls.

9) The Exemption Holder must carry out its maintenance, inspections, and

record keeping requirements in accordance with the Operator’s Manuals.
Maintenance, inspection, and alterations must be noted in the ai rcraftPage 15 logbook, including total flight hours, d escription of work accomplished, and the signature of the authorized technician returning the UAS to service.

10) The authorized technicians must receive and document training referenced

in the Exemption Holder’s Manuals.

11) Each UAS operated under this exemption must comply with all manufacturer System and Safety Bulletins.

12) The Exemption Holder’s maintenance personnel must make a record entry in

the UAS logbook or equivalent document of the corrective action taken against discrepancies discovered between inspecti ons.

13) Prior to commencing operations, the Aircraft Operator shall have logged at

least 25 hours of total time as a UA pilot and at least ten hours logged as a UA pilot with a similar UA type and 5 hours in the make and model.

14) If the UAS loses communications or loses its GPS signal, the UA must return

to a pre

- determined location within the private or controlled

- access property and land or be recovered in accordance with the Exemption Holder’s

Manuals.

15) The Aircraft Operator must abort the flight in the event of unpredicted

obstacles or emergencies, including unauthorized people entering the flight
area, in accordance with the Exemption Holder’s Manuals.

16) The Aircraft Operator is prohibited from beginning a UAS flight unless (considering wind and forecast weathe r conditions) there is enough power to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 10 minutes.

17) All aircraft operated in accordance with the exemption must be identified by serial number, re gistered in accordance with 14 CFR part 47, and have identification (N

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

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

19) The documents required under 14 CFR 91.9 and 91.203 must be available to the Operator at the Ground Control Sta tion of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.Page 16

20) The UA must remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultra

- light vehicles, parachute activities, parasailing activities, hang gliders, etc.).

21) The UA may not be operated by the Aircraft Operator from any moving

device or vehicle.

22) UAS operations may not be conducte d during night, as defined in 14 CFR 1.1.

23) All operations must be conducted under visual meteorological conditions (VMC). The UA may not be operated less than 400 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute
miles from the Operator.

24) During operations the UA may not operate within 5 nautical miles of the geographic center of an airport as denoted on a current FAA

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

request.

25) The UA may not be operated over conge sted or densely populated areas

unless the conditions set for in #26 are satisfied. These populated areas

include but are not limited to the yellow areas depicted on World

Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or

Terminal A rea Charts (TAC). However, aeronautical charts may not reflect pertinent local information. Ultimately, it is the Operator’s responsibility to

maintain the minimum safe altitudes required by § 91.119 (d) (1).

26) Flight operations must be conducted at least 4 00 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from debris in the event of an accident. The Aircraft Operator must ensure that nonp articipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 30 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the land owner/controller has granted permission and/or the Aircraft Operator has made a safety assessment of the risk of operating closer to those objects and;

c. Operations near the Aircraft Operator do not present an undue hazard to
th e Operator per § 91.119(a).Page 17

27) 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.

28) Any incident, accident, or flight operation that transgresses the lateral or

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

must be reported to the FAA’s UAS Integration Office (AFS

- 8 0) within 24

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

.



### Specific Uses Public Benefits

AREIS proposes use of its UAV provided equivalent or augmented levels of safety for each of the uses proposed herein:

The present systems of photography and videography and mapping of in specting the roofs, agriculture land, buildings and large structures site surveys, wild life monitoring, mosquito and insect control are now conducted by either humans wading through swamps, climbing on the roofs and structures that are steep, tall, slippery, weakened or otherwise hazardous or by the use of conventional aircraft.

The current pro cedures can result in significant injuries to the people who must climb on the roofs or require the use of aircraft that are orders of magnitude greater

in size than the UAV . Either method, manual inspection or large conventional aircraft, results in incre ased risk of injury due to personnel falling off roofs or ladders, carrying heavy ladders and dealing with confined and dangerous spaces, or

i ncreased risk from low altitude flyovers with helicopters or fixed wing aircraft inspecting buildings after damage from storms or other disasters, such as earthquakes or fires. Such flights are, of course, significantly more expensive t han

those undertaken with a UAV

.

The present system exposes those not only in the immediate area of inspection, but

those who are al ong the path of flight associated with the arrival and departure of the conventional aircraft at the inspection site because the aircraft must be flown to

and from the site. By contrast, the UAV is carried to the site and transits no other property. Conven tional aircraft carry flammable fuels that are not carried by the

UAS and emit pollutants associated with inter nal combustion engines. The UAV ’ s proposed herein are battery powered and have no emissions.Page 18



### Equivalent Level of Safety

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 AREIS ’ s UAV s

are remotely contro lled 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.

AREIS respectfully proposes that Operator requirements shou ld take into account

the characteristics of the particular UAS. AREIS ’ s UAV s have a high degree of pre

programmed control and various built

- in technical capabilities that strictly limit the potential for operation outside of the operating conditions set fo rth in the exemption application. The AREIS ’ s UAV s have navigation and control system comprised of a Ground Control Station (GCS) and auto

- pilot system that can be pre

programme d to set operational boundaries . All flights are pre

- programm ed 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 AREIS ’ s
UAV ’s may include the following:

1) Auto

- pilot detection of lost GPS or of insuf ficient satellites initiates an

immediate landing. 2) Low power on the aircraft triggers escalati ng alarms at GCS at 35% and

10% levels. Low power below 10% triggers an immediate landi ng. 3) If the auto

- pilot detects a lost

- link to the groun d 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 complet ely shutt ing the aircraft down in flight in the event of a loss of control or un

- commanded deviation from the flight path. 5) T he aircraft, weighs less than 5 5 lbs., fully loaded. 6 ) The motors are driven by pulse width modulated signals, not analog

si gnals. 7) The aircraft will operate for the Purposes at no more than 3 5 mph (while imaging) nor above 200 feet above the structure (imaging altitude) or a

maximum of 400 AGL.Page 19

Given these safety features, AREIS proposes that Operators of the AREIS ’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, FAA private pilot ground instruction and passed the FAA Private Pilot

written examination or FAA

- recognized equivalents; have completed the

manufacturer’s or AREIS ’ s training program for operation of the UAS.

AREIS notes that the FAA has found that safety factors permitted operation of UASs by Operators with these qualifications in the case of op erations 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, AREIS 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 equ ivalent level of safety will be provided by allowing operation of the AREIS ’ s UAV without a private pilo t’s certificate or a commercial pilot’s certificate, under the conditions set forth herein.

The risks associated with the operation of the AREIS ’ s UAV (giv en its size, speed, operational capabilities, and lack of combustible fuel) are so diminished from t he

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 s afety 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 oper ate a civil air craft 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 flight manual, an equivalent level of safety will be achieved by insuring compliance with the manuals prior to each flight.

.



### 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 altitudesPage 20

prescribed for helicopters by the FAA. As this exemption is for a UAS 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.

The 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

t he 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 400 AGL in the aerial photography industry. In addition, the low

- altitude operations of the UAS will ensure separation between these small

- UAS operations

and the operations of conventional aircraft that must comply with Section 91.119.



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

This regulation requires each person operating an aircraft t o maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the

AREIS ’ UAV , in manual or emergency mode, will not have a barometric altimeter display, but instead a GPS altitude display, an exempti on will be needed. The Operator, pursuant to the procedures set forth in the Manuals as indicated before flight, will achieve an equivalent level of safety

.



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

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 UAS prov ides appr oximately 40 minutes of powered flight. To meet the 30

- minute reserve requirement in 14 CFR §91.151, UAS flights

would be limited to approximately 10 minutes in length. Given the limitations on the

UA S’ 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 Corpora tion

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 officialPage 21

representatives who have signed waivers will be allowed, with less than 30 minutes

of reserve f

uel, 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 saf ety can be achieved by limiting flights to 30 minutes or 25% of remaini ng battery power whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area.



### 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

a ircraft 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

mai ntain 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 manufactur er 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 opera te 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 UA S 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 airworth y condition to provide the equivalent level of safety.

*********



## Federal Register Publication

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

the Federal Register, should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules:

14 C.F.R. §§ 61.23(a) and (c);, 61.101(e)(4) and (5); 61.113(a) & (b) ; 61.133(a); 61.315(a) ; 91.7(a); 91.119 (c) ; 91.121; 91.151(a) (1); 91.405(a); 91.407(a)(1);Page 22

91.409(a)(2) and 91.417 (a) & (b) to operat e commercially a small unmanned vehicle (55 lbs. or less) for the following purposes: to conduct bridge i nspections, flare stack inspection, utili ty

- power generation system inspections and patrolling, aerial inspection and photography of residential and commercial utility infrastructure including but not limited to electrical power lines, wind turbines and cell towers, pipeline inspection and patrol ling, filmmaking, cinematography, and videography, precision agriculture with on board sensors, wildlife and forestry monitoring and mosquito and insect control , aerial surveying, construction site inspection and monitoring, public entity support operation s, aerial video and live video feed to assist with search and rescue operations under the authority and support of local authority officials, aerial video and photography for public and private use including television, public events, and cinematography li ve feed and live newsgathering, training to persons individually or belonging to both private and public organizations to increase awareness and improve safety for current and

futur e UAS operations within the NAS, special events: including high schools,

co lleges , professional sports, open air events and fairs , research, risk management and assessment, motion picture production, surface mining, closed set filming, disaster and catastrophe events.



## Privacy and National Security

All flights will occur over pr ivate or controlled access pro perty with the property

owner’s prior consent and knowledge. Inspection will be of inanimate objects in

areas where the owners will have consented to the inspections or otherwise have agreed to allow the UAS and the Operator t o be in the area where operations will take place.

The size of the UAS, its speed and restricted area of operation do not raise national security issues.



## Summary

Approval of exemptions allowing commercial operations of UAV ’s for petitioner to
operate an unmanned aircraft system (UAS) to provide aerial video and live video

feed to assist with situational awareness support for emergency responders and

search and rescue operations under the authority and support of local authority

officials , commercial br idge inspections, flare stack inspect ion, utility

- power generation sy stem inspections and patrolling, aerial inspection, photography and videography of utility infrastructure including but not limited to electrical power lines, wind turbines and cell tower s, pipeline s, , precision agriculture with on board sensors, wildlife and forestry monitoring and mosquito and insect control, aeri al surveying, construction site inspection and monitoring, a erial imaging for safety, monitoring and comparing work efforts an d completion percentages, surfacePage 23

mining, and security of a controlled environment for various sites , aerial video and photography for public and private use including television, public events, and cinematography live feed and live newsgathering, trainin g to persons individually or belonging to both private and public organizations to increase awareness and improve safety for current and futur e UAS operations within the NAS, photography and videography of residential and commercial real estate, disaster and catastrophe events, will enhance safety by reducing risk.

Conventional operations, using jet or piston powered aircraft, ladders or placing people in swamps, on roofs or tall, hazardous or weakened structures, exposes them to higher risks tha n those c reated by use of a UAVs . Conventional aircraft that operate at extremely low altitudes just feet from the subject being inspected and in extreme proximity to people and structures present the risks associated with vehicles that weigh in excess of 6,000 lbs ., carrying large amounts of jet A or other fuel (140 gallons for jet helicopters). Such aircraft must fly to and from the proje ct location. In contrast, a UAV weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible

fuel carried on board. The UAV is carried to the target area and not flown. Th e UAV will carry no passengers or crew and, therefore, will not expose them to the risks

associated with manned aircraft flights.

The o peration of sm all UASs, weighing less than 5 5 lbs., conducted under the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein. These lightweight aircraft operate at slow speeds, close to the ground, and in areas that are under the control of the customer

for the operations and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people or the us e of individuals to climb the structures to conduct the operations

.

Satisfaction of the criteria provided in Section 333 o f the Reform Act of 2012

– size, weight, speed, operating capabilities, proximity to a irports and populated areas and operation withi n visual line of sight and nation al security

– provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of Petitioner ’s UAS for the p urposes outlined herein

.

Sincerely,

Mark Denney

AREIS LLC 111 Bailey Drive, Ste. 3 Niceville, FL 32578Page 24Page 25



### APPENDIX A

– UAS SPECIFICATIONSPage 26Page 27Page 28Page 29Page 30Page 31Page 32Page 33



### APPENDIX B

– USAF UAS SAFETY QUES TIONNAIR

Petitioner submits the Appendix and Documents marked “CONFIDENTIAL,” as they contain proprietary confidential business informati on that is not released to the public and is protected under the Freedom of Information Act 5 USC §552 et. seq. 5 Reform Act Section 333 (b).

Submitted under separate cover.Page 34



### APPENDIX C

– FLIGHT LOG