Planehook Aviation Services, LLC

6010 Windhaven Drive San Antonio, TX 78239 July 22, 2015

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

Re: Exemption Request Pursuantto Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.56; 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Administrator:
In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Planehook Aviation Services, LLC, operator of an Unmanned Aircraft System (UAS), hereby applies for an exemption from Title 14 of the Code of Federal Regulations to allow commercial operation of its UAS, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. This request for exemption is similar or identical to numerous previously submitted requests that have received exemption.
Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would operate in the following manner:

1. Aerial photography and video for public and private use including real estate, architecture, mapping, land surveying, engineering, and other related professional activities. 2. Aerial photography andvideo for public and private use including television, public events, cinematography, and news gathering. 3. Aerial inspection, photography, and video of residential and commercial structures under contract with the owners or local government authority. 4. Aerial inspection, photography, and video of residential and commercial utility infrastructure including, but not limited to, electrical power lines, wind turbines and cell towers.U.S. Department ofTransportation

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5. Aerial photography, video, and live

-feed imagery to assist with search and rescue operations in cases of an emergency or natural disaster only when the local authorities or government has requested it by contract or donation. 6. Training of recreational or commercial UAS operators and visual observers (a.k.a. safety observers) of private (civil) and public organizations that have interests in the use and application of a UAS for the purpose ofthe safe operation of a UAS,thus enhancing the safety ofthe National Airspace System (NAS) and protecting persons, property, and the uninvolved public.

As described below, the requested exemption would permit the operation of a UAS under controlled conditions in the NAS that would be limited, preplanned, controlled, and safe. Approval of this exemption would, therefore, enhance safety and fulfill the responsibility of the Secretary ofTransportation to “....establish requirements for the safe operation of such aircraft systems inthe National Airspace System.”
The name and address of the applicant is:
David C. Hook, ATP, CFI, AGI President Planehook Aviation Services, LLC 6010 Windhaven Drive San Antonio, TX 78239 Phone: 210

-653

-8442 Email: planehook@hotmail.com Regulations from which the exemption is requested: 14 CFR 21 Subpart H 14 CFR 45.23 (b) 14 CFR 61.3 14 CFR 61.56 14 CFR 61.113 (a) and (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) and (b)U.S. Department ofTransportation

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14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) and (b)

Planehook Aviation Services, LLC, referred to herein after as Planehook, will operate a DJI Innovations Phantom 3 sUAS

. The sUAS is powered using lithium polymer batteries and controlled with a ground control system operating on the 2.4 Ghz band. The applicant will operate the sUAS in line of sight within a preplanned area.
Given the small size ofthe sUAS andthe controlled environment, the proposed operations will adhere to the Reform Act’s safety requirements. The approval ofthis application presents no known national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including, but not limited to, reduced emissions and noise, granting the requested exemption is in the public interest. Accordingly, the applicant requests that the FAA grant the requested exemption with minimum delay.

**AIRCRAFT AND**  **EQUIVALENT LEVEL**  **OF SAFETY** 
The operational limitations proposed herein provide for equivalent or higher level of safety because operations will further enhance the safety of the persons and/or property using conventional aircraft.
These limitations and conditions to whichthe applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption and as set forth in the user manual include:

1. The UAS will weigh less than 55 lbs. 2. The UAS will have a maximum operating speed of no more than 36 mph (16 m/sec)

. 3. Flights will be operated within line of sight ofthe Pilot in Command (PIC) and Visual Observer (VO). 4. Maximum flight timefor each operational flight will be 23 minutes. Flights will be planned to be complete at 20% battery power reserve or 5 minutes remaining flighttime, whichever occursfirst. 5. Flights will be operated at a maximum altitude of 400 feet AGL, unless a waiver is granted in writing by the local FAA Flight Standards District Office for that flight

. 6. Minimum crew for each commercial operation will consist ofthe sUAS Operator (a.k.a. Pilot

-in

-Command, or PIC) and at least one Visual Observer (VO)

. For the purposes of flight instruction, the instructor may serve as VO.U.S. Department ofTransportation

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7. The UAS operator will be a designated as Pilot in Command (PIC) and hold a minimum of a Private Pilot License. The UAS operator will hold a current Third Class Medical Certificate or valid state

-issued driver’s license. 8. A UAS operator acting as flight instructor in furtherance of flying training of another will possess avalid and current Certified Flight Instructor certificate for any category and class of powered aircraft. For the purposes of ground instruction, a ground instructor shall possess a current Certified Flight Instructor certificate for any category and class of powered aircraft or an Advanced Ground Instructor certificate. 9. The UAS operator shall accomplish a pre-flight briefing with assisting VOs prior to the first flight of the day with updates as required. The UAS operator shall accomplish a pre-flight inspection of the sUAS prior to each flight. 10. All flights will occur under Visual Flight Rules (VFR) only. 11. The flights will occur no closer than a 5 statute mile radius of the Airport Reference Point (ARP) of a tower controlled or uncontrolled airport. If the airport has no ARP listed, then the 5 statute mile radius shall be based upon the location of the airport as depicted on a Sectional Chart. 12. Should flight operations be required within a 5 statute mile radius of the geographic center/ ARP of a tower controlled or uncontrolled airports, the respective airports will be contacted to receive permission prior to takeoff and advising them of the estimated takeoff time, flight duration, planned altitude above the ground of the flight, and other pertinent information. 13. The operatorwill file FAA Form 7711

-2, or its equivalent, as modified in light of the requested exemption, with the local Flight Standards District Office (FSDO) no more than 72 hours but no less than 48 hours from planned operation. 14. The operator will obtain verbal or written consent of all persons involved with the planned operation and ensure that only consenting persons will be allowed within 100 feet of the flight operation. The radius may be reduced to 30 feet based upon an equivalent level of safety determination

. With the advanced permission of the FSDO, operations at closer range may be approved. 15. The Operator and VO(s) will have been trained in the operation of UAS and received upto

-date information for the particular UAS to be operated. 16. The PIC and VO will be able to communicate by voice, either via radio transmissions or cell phones, or by pre

-arranged hand signals in the event of a noisy environment or failure of voice communications

. 17. Necessary written or verbal permissions and permits will be obtained in advance from territorial, state, county or city jurisdictions, including law enforcement, fire, or other appropriate governmental agencies. 18. Ifthe UA loses communications with the GCS or loses GPS signal, the UAS will have the capabilityto return to a pre-determined location and land autonomously. 19. The UAS will have the capability to abort a flight in case of in

-flight emergencies.U.S. Department ofTransportation

July 22, 2015 Page 5
**Planehook requests exemption from 14**  **C.F.R. Part 21,**  **Subpart H:**  **Airworthiness Certificates**  **14 C.F.R.**  **§91.203 (a)**  **(1)** Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal AviationAct (49 U.S.C.§44701 (f)) and Section 333 of the ReformAct both authorize the FAA to exempt aircraftfrom the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstratesthat the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer,than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.
The UAS to be operated hereunder has a maximum takeoff and landing gross weight less than 55 pounds, does not carry a pilot or passengers, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be controlled and monitored by the operator in accordance with federal, state, and local public safety requirements. The FAA will have advance notice of all operations. These safety enhancements provide a greater degree of safetytothe uninvolved public and property ownersthan conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Finally, application ofthese same criteria demonstrates thatthere is no credible threat to national security posed by the UAS or its operator due to UA size, speed, declared location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. **Planehook requests exemption from 14**  **C.F.R. §**  **45.23 (b).**  **Marking of the**  **Aircraft**
The regulation requires: 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 provisionally 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," "experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on whichthe word “Experimental” can be placed. Given the size ofthe UAS, two

-inch lettering will be impossible.U.S. Department ofTransportation

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The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will seethe identification of the UAS as “Experimental.”

**Planehook requests exemption from 14 C.F.R. § 61.3**  **(d )**  **(2) and**  **(i) (ii) and (iii) Requirement for**  **Certificates, Ratings, and Authorizations**

**Pursuant to 14 CFR 61.3 (d** **) (2)**  **“**...no person other than the holder of a flight instructor certificate issued under this part with the appropriate rating on that certificate may...”provide instruction. As no category, class, or propulsion system and lift

-type specifications exist for UAS, Planehook petitions for authority to provide flight and ground instruction on the safe and efficient flight operations for UAS. Planehook reasons that since the basisfor flight instruction is demonstrated ground and flight proficiency to a minimum of the commercial pilot level and that a grant of exemption in furtherance of commercial flight operations serves as evidence of meeting such practical standards for UAS, that an airmen possessing a valid and current flight instructor certificate can provide both ground and flight instruction. Planehook opines that providing ground instruction and flight instruction in the furtherance offlight safety and efficient integration of UAS into the National Airspace is a benefit to people, property, and the uninvolved public of the United States. Pursuant to 14 CFR 61.3 (i) (ii) and (iii) the holder of a ground instructor certificate can endorse an applicant for a knowledge test and endorse a logbook to show ground training given. As 14 CFR 107 (as proposed) would require operators to take an airman’s knowledge test, there will be a requirement for instructors to provide that ground training and make endorsements in the logbooks of future UAS commercial operator applicants. Planehook opines that it is in the public interest to provide ground instruction in the interest of flying safety and in furtherance of implementation of airman knowledge testing. Therefore, Planehook petitions for the authority to provide ground instruction which will benefit the people, property, and the uninvolved public of the United States.

**Planehook requests exemption from 14 C.F.R.**  **§ 61.56 Flight Review**  Pursuant to 14 CFR 61.56 (a) “... a flight review consists of a minimum of 1 hour of flight training and 1 hour of ground training. The review must include: (1) A review of the current general operating and flight rules of part 91 of this chapter; and (2) A review of those maneuvers and procedures that, at the discretion of the person giving the review, are necessary for the pilot to demonstrate the safe exercise of the privileges of the pilot certificate.“ Further, pursuant to 14 CFR 61.56 (f) “A person who holds a flight instructor certificate and who has, within the period specified in paragraph (c) of this section, satisfactorily completed a renewal of a flightU.S. Department ofTransportation

July 22, 2015 Page 7
instructor certificate under the provisions in §61.197 need not accomplish the one hour of ground training specified in paragraph (a) of this section.” As the maneuvers and procedures cited in 14 CFR 61.56 (a) (2) refer specifically to maneuvers accomplished in manned aircraft, not unmanned aircraft, no correlation can be made as to equivalent levels of safety for this requirement in previously granted exemptions under Part 333. The safety equivalent is found in the requirement for periodic ground training. Therefore, the applicant petitions for relief from the flying portion of the flight review. The one hour ground training review covering Part 91, however, does provide for an equivalent level of safety for airman’s knowledge. The applicant requests that in accordance with 14 CFR 61.56 (f) a flight instructor who satisfies the ground training portion of the flight review be exempted from the flight review in its entirety for the purposes of operating and providing flight instruction for sUAS. **Planehook requests exemption from 14**  **C.F.R. §**  **61.113 (a)**  **and (b):**  **Private Pilot**  **Privileges and**  **Limitations: Pilot**  **in Command.** 

Pursuantto 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire. Planehook Aviation Services, LLC and its operators achieve an equivalent level of safety as achieved by current Regulations becausethe applicant’s UAS does not carry any pilots, passengers, or property. The risks associated with the operation of the UAS are less than the levels of risk inherent in the commercial activities outlined in 14 CFR 61. The operation and limitations set forth in the user manual equate to the safe operation ofthe UAS. **Planehook requests exemption from 14**  **C.F.R. §91.7(a):**  **Civil Aircraft**  **Airworthiness.**
The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft, maintenance, and operator use of pre-flight checklists priorto each flight, an equivalent level of safety will be provided. **Planehook requests exemption from 14**  **C.F.R. §**  **91.9 (b)**  **(2): Civil** **Aircraft Flight Manual**  **in the**  **Aircraft.**

Section 91.9 (b) (2) provides: No person may operate a U.S.

-registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not 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.U.S. Department ofTransportation

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The UAS, given its size and configuration does not have the ability to carry such a flight manual on the aircraft due to its size and specified maximum gross takeoff and landing weights. An equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the operator flying the UAS will have immediate accessto it. **Planehook requests exemption from 14**  **C.F.R. §**  **91.103: Preflight**  **Action.** This regulation requires each pilot in commandto take certain actions before flight to ensure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft, an exemption will be needed. The operator will take all actions as stated in the user manual including, but not limited to, reviewing weather, flight battery requirements, landing andtakeoff limitations, and aircraft performance data before each flight. **Planehook requests exemption from 14**  **C.F.R. §91.109:**  **Flight Instruction.** 

Section 91.103 provides that no person may operate a civil aircraft (except a mannedfree balloon) that is being used for flight instruction unless that aircraft hasfully functioning dual controls. UAS and remotely piloted aircraft, by their design, do not havefully functional dual controls. Flight control is accomplished through the use of a ground control box that communicates with the aircraft via radio communications. The FAA has approved exemptions forflight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is provided by thefact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft. **Planehook requests exemption from 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 thanthe minimums prescribed, providedthe person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a rotorcraft and the exemption requests authority to operate at altitudes up to 400 feet AGL or not morethan 200 feet above an elevated platform from which filming or inspecting is planned, an exemption may be needed to allow such operations. As set forth herein,the UAS will not operate at higher than 400 feetAGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet abovethe highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposedto operations without their preobtained consent. The equivalent level of safety will be achieved given the size, weight, speed ofthe UAS as well asthe location where it is operated. No flight will betaken without theU.S. Department ofTransportation

July 22, 2015 Page 9

permission of the property owner or local officials.

Because ofthe advance notice to the property owner and participants in the flight activity, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more thanthe proposed maximum 55 lbs. and the lack of flammable fuel, any risk associated with these operations is lessthanthose presently presented with conventional aircraft operating at or below 500 feetAGL. In addition, the low

-altitude operations ofthe UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119. **Planehook requests exemption from 14**  **C.F.R. §91.121**  **Altimeter Settings.** 
This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...tothe elevation ofthe departure airport or an appropriate altimeter setting available before departure.” As the UAS does not have a barometric altimeter that can be set by the operator, but instead has a GPS and SONAR altitude read out, an exemption is be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and liveflight data monitoring, confirmingthe altitude ofthe launch site shown on the GPS altitude indicator before flight. **Planehook requests exemption from 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 thatfor at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”
The battery powering the UAS provides approximately 23 minutes of powered flight. To meetthe 30 minute reserve requirement in 14 CFR §91.151, UAS flights would not be possible

. Given the limitations on the UAS’s proposed flight area, minimal footprint for suitable takeoff and landing areas, and the localized operations within a predetermined area, equivalent levels of safety can be achieved with a lesser amount of planned flight reserve. Applicant believesthat an equivalent level of safety can be achieved by limiting flights to 18 minutes or minimum reserve power of 20%

— whichever happens first.This approach allows for 5 minutes of planned flight reserve power, adequate to return the UAS to its planned or alternate landing zone from anywhere in its planned limited operating area.U.S. Department ofTransportation

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**Planehook requests exemption from 14**  **C.F.R. §91.203 (a)**  **and (b):**  **Carrying Civil**  **Aircraft Certification**  **and Registration** 
The regulation provides in pertinent part:
(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 certificate.

. . . (b) No person may operate a civil aircraft unlessthe airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legibleto passengers or crew.
The UAS fully loaded weighs much less than the maximum 55 lbs. and is operated without an onboard pilot. As such,there is no ability or place to carry certification and registration documents or to displaythem on or inthe UAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control location where the operator flyingthe UAS will have immediate access to them, to the extent they are applicable to the UAS. **Planehook requests exemption from 14**  **C.F.R. §91.405**  **(a); 407 (a)**  **(1); 409 (a)**  **(2); 417(a)**  **& (b):**  **Maintenance Inspections.** 
These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 ofthis chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given thatthese section and Part 43 apply only to aircraft with an airworthiness certificate,these sections will not apply to the applicant. Maintenance will be accomplished by the operator in accordance with the manufacturer’s user’s manual

. An equivalent level of safety will be achieved because the UAS is limited in size,will carry a small camera payload, and operate in limited areas for a limited period oftime. If mechanical issues arise, the UAS can normally land immediately

. The aircraft will be operating from no higherthan 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required scheduled and unscheduled maintenance, and record in an aircraft log any maintenance performed. Further, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.U.S. Department ofTransportation

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An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the UAS manufacturer's user manual. As provided in that manual, the operatorwill ensurethat the UAS is in working order prior to initiating flight and perform required maintenance needed.
**Additional Information** 
The applicant, Planehook Aviation Services, LLC, is an aviation security company that has served public and private clients in the United States for over ten years. Planehook’s president is a current certified flight instructor with over 33 years of flying training experience. He holds both an airline transport pilot’s license and an advanced ground instructor certificate. Further, he has been involved in flying remote controlled aircraft for over three years and is a member of the Academy of Model Aeronautics.
Satisfaction of criteria provided in Section 333 ofthe Reform Act of 2012 provide adequate justification for the grant ofthe requested exemptions allowing commercial flight operations and flight instruction using the applicant’s UAS

. Thank you for your time and consideration. Sincerely,

David C. Hook, ATP, CFI, AGI President PlanehookAviation Services, LLC Licensed Aviation Security Company Texas # B17127