\\DC - 031138/000012 - 7995545 v4 BEFORE THE FEDERAL AVIATION ADMINISTRATION

___________________________________________________

Union Pacific Railroad,

Petitioner. Docket No. FAA-2014-1105

FAA Exemption No. 11353

PETITION OF UNION PACIFIC RAILROAD TO AMEND ITS EXEMPTION NO. 11353 TO INCLUDE CURRENT LIMITATIONS AND CONDITIONS

E. Tazewell Ellett Patrick R. Rizzi Hogan Lovells US LLP 555 13 th Street, N.W. Washington, DC 20004 Phone: 202-637-8644 / -5659 Fax: 202-637-5910 tazewell.ellett@hoganlovells.com patrick.rizzi@hoganlovells.com

COUNSEL FOR UNION PACIFIC RAILROAD

DATE: March 25, 2016HOGAN LOVELLS US LLP

\\DC - 031138/000012 - 7995545 v4 1. INTRODUCTION.
On December 23, 2014, Union Pacific Railroad (“UP”) petitioned the Federal Aviation
Administration (“FAA”), pursuant to Section 333 of the FAA Modernization and Reform Act of 2012
(“FMRA”) and 14 C.F.R. Part 11, for an exemption from certain sections of the Federal Aviation
Regulations (“FAR”) so that UP could commercially operate the AirCover QR-425s to perform aerial
assessments. On April 17, 2015, the FAA granted Exemption No. 11353 to UP authorizing UP to conduct
commercial UAS operations for aerial data collection (“the UP Exemption” or “its Exemption”).
Since that time, the FAA has continued to issue Section 333 exemptions to other operators, and
the corresponding conditions and limitations (“Limitations”) in such exemptions have continued to
evolve. The Limitations in more recent exemptions would enhance UP’s ability to perform important
aerial data collection operations, including timely assessments when UP railroad engines, cars, tracks or
other property are, or may be, involved in an incident (so-called “Incident Assessment Flights”).
Accordingly, UP seeks to amend its Exemption as expeditiously as possible. To that end, UP petitions to
simply replace and supersede its current Limitations with those included in certain recent exemptions;
or, alternatively, to amend the specific Limitations in its Exemption as set forth below.

2. THE REQUESTED AMENDMENT.
UP petitions to amend its Exemption to reflect the scope and language of the current
Limitations as modified by the FAA in more recent exemptions. Specifically, UP requests that the
current Limitations in Exemption No. 11545B (March 2, 2016; Docket FAA-2015-0399) (“Clean Energy
Amended Exemption”) and Exemption No. 12349A (March 2, 2016; Docket No. FAA-2015-1027)HOGAN LOVELLS US LLP

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\\DC - 031138/000012 - 7995545 v4 (“Bartels Amended Exemption”) 1 replace and supersede all of the Limitations in the current UP
Exemption.
To be clear, the FAA has previously granted Section 333 exemptions to other operators such as
Clean Energy Renewables and Bartels with the Limitations language requested herein. Moreover, the
FAA has approved amendments to Section 333 exemptions, and, in so doing, superseded the Limitations
in the original exemption with the more current Limitations. See, e.g., Bartels Amended Exemption.
Accordingly, this Petition should be non-controversial and processed expeditiously under the FAA’s
streamlined, summary grant procedures for Section 333 petitions. In that regard, there is also no reason
for the FAA to issue a public notice of, or receive public comment on, this Petition as it would not set
any new precedent.
The requested amendment will enhance UP’s ability to operate a wider variety of small UAS
and increase its UAS operational flexibility in support of its railroad operations and other railroad
business. Any delay in processing this Petition will needlessly impede UP’s ability to conduct UAS
operations, including important aerial data collection activities such as timely Incident Assessment
Flights.
UP’s UAS operations under the more recent Limitations (attached as Exhibit A) will not
adversely affect safety, but rather will provide a level of safety equal to or greater than that provided by
the current rules and large manned aircraft operations. There has been no change in the conditions and
reasons relating to the public interest and safety reasons that were the basis for granting the UP
Exemption in April 2015. Consequently, UP requests that the FAA expeditiously grant the requested

1 The Limitations from the Bartels Amended Exemption are attached hereto as Exhibit A.HOGAN LOVELLS US LLP

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\\DC - 031138/000012 - 7995545 v4 amendment to its Exemption.

3. ALTERNATIVE AMENDMENTS.
The amendment requested above in Section 2 to replace the UP Exemption’s Limitations with
the Limitations in more recent exemptions, such as the Bartels Amended Exemption, should be noncontroversial, since the FAA has previously approved them in recent exemptions issued to other UAS
operators. However, if it would expedite the issuance of the requested amendment for the FAA to
amend specific individual Limitations, UP sets forth in this Section 3 the specific Limitations to be
amended consistent with prior grants of exemption.
Under this alternative, as detailed below, UP seeks an amendment to the following specific
Limitations in its Exemption: No. 1 (approved UAS); No. 26 (flight operations near non-participants); and
No. 18 (procedure for loss of communications or GPS signal); as well as the addition of the current
Limitation for tethered UAS operations. Small UAS operations pursuant to these requested
amendments, if granted, would not create a hazard to users of the National Airspace System or the
public, nor would they pose a threat to national security. Moreover, the requested amendments would
not adversely affect safety, but rather would provide at least an equivalent level of safety to that
provided by the UP Exemption and the regulations from which it provides relief. Indeed, the FAA has
already made those determinations by recently granting Section 333 exemptions with these Limitations
to other operators, such as Clean Energy Renewables and Bartels.

a. Amendment to Limitation No. 1.
Limitation No. 1 in the UP Exemption currently limits UP’s Section 333 UAS operations to the
AirCover QR-425s and further provides that “[p]roposed operations of any other aircraft will require aHOGAN LOVELLS US LLP

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\\DC - 031138/000012 - 7995545 v4 new petition or petition to amend this exemption.” Accordingly, UP respectfully requests an
amendment to its Exemption so that UP can operate any additional UAS model that the FAA has
previously approved and identified on the FAA’s “List of Approved Unmanned Aerial Systems” in Docket
No. FAA-2007-3330. Specifically, UP requests that Limitation No. 1 in its Exemption be replaced with the
following more recent Limitation No. 1 set forth in the Clean Energy Amended Exemption and the
Bartels Amended Exemption:

The operator is authorized by this grant of exemption to use any aircraft identified on the List of Approved Unmanned Aerial Systems (UAS) under Section 333 at regulatory docket FAA-2007-3330 at www.regulations.gov , when weighing less than 55 pounds including payload. Proposed operations of any aircraft not on the list currently posted to the above docket will require a new petition or a petition to amend this exemption.
The current List, dated March 4, 2016, contains 1120 makes/models of UAS. UP desires to have the
operational flexibility to utilize any UAS on the List (as periodically updated by the FAA) under its
Exemption, while obviating the need for UP to seek repeated amendments (and burden the FAA staff) in
order to add specific UAS make/models that have already been approved for operation in previously
granted exemptions.

b. Amendment to Limitation No. 26.
Limitation No. 26 in the UP Exemption currently prohibits UAS flight operations within 500 feet
from non-participating persons, vessels, vehicles, and structures unless certain specific criteria are met.
It also states that the PIC, VO, operator trainees, and essential persons are not considered nonparticipating persons. More recent exemptions have included new language allowing UAS operations
within 500 feet of people “directly participating in the intended purpose of the UAS operation” subject
to certain prerequisites. Accordingly, UP requests that Limitation No. 26 in its Exemption be replacedHOGAN LOVELLS US LLP

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\\DC - 031138/000012 - 7995545 v4 with the corresponding, updated Limitation from the Clean Energy Amended Exemption and the Bartels
Amended Exemption, which provides:
All flight operations must be conducted at least 500 feet from all persons, vessels, vehicles, and structures unless when operating: a) Over or near people directly participating in the operation of the UAS. People directly participating in the operation of the UAS include the PIC, VO, and other consenting personnel that are directly participating in the safe operation of the UA. b) Near but not over people directly participating in the intended purpose of the UAS operation. People directly participating in the intended purpose of the UAS must be briefed on the potential risks and acknowledge and consent to those risks. Operators must notify the local Flight Standards District Office (FSDO) with a plan of activities at least 72 hours prior to flight operations. c) Near nonparticipating persons. Except as provided in subsections (a) and (b) of this section, a UA may only be operated closer than 500 feet to a person when barriers or structures are present that sufficiently protect that person from the UA and/or debris or hazardous materials such as fuel or chemicals in the event of an accident. Under these conditions, the operator must ensure that the person remains under such protection for the duration of the operation. If a situation arises where the person leaves such protection and is within 500 feet of the UA, flight operations must cease immediately in a manner that does not cause undue hazard to persons. d) Near vessels, vehicles and structures. Prior to conducting operations the operator must obtain permission from a person with the legal authority over any vessels, vehicles, or structures that will be within 500 feet of the UA during operations. The PIC must make a safety assessment of the risk of operating closer to those objects and determine that it does not present an undue hazard.
See Clean Energy Amended Exemption Limitation No. 27; Bartels Amended Exemption Limitation No. 27.
If the FAA amends UP Exemption Limitation No. 26 as requested above, UP agrees to comply
with the following additional Limitations related to UAS flight operations within 500 feet of certain
people, as the FAA imposed in the Clean Energy Amended Exemption and Bartels Amended Exemption
(see Limitations Nos. 30 and 31):
For operations conducted closer than 500 feet to people directly participating in the intended purpose of the operation, not protected by barriers, the following additional conditions and limitations apply:HOGAN LOVELLS US LLP

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The operator must have an operations manual that contains at least the following items, although it is not restricted to these items. a. Operator name, address, and telephone number. b. Distribution and Revision. Procedures for revising and distributing the operations manual to ensure that it is kept current. Revisions must comply with the applicable conditions and limitations in this exemption. c. Persons Authorized. Specify criteria for designating individuals as directly participating in the safe operation of the UAS. The operations manual must include procedures to ensure that all operations are conducted at distances from persons in accordance with the conditions and limitations of the exemption. d. Plan of Activities. The operations manual must include procedures for the submission of a written plan of activities. e. Permission to Operate. The operations manual shall specify requirements and procedures that the operator will use to obtain permission to operate over property or near vessels, vehicles, and structures in accordance with this exemption. f. Security. The manual must specify the method of security that will be used to ensure the safety of nonparticipating persons. This should also include procedures that will be used to stop activities when unauthorized persons, vehicles, or aircraft enter the operations area, or for any other reason, in the interest of safety. g. Briefing of persons directly participating in the intended operation. Procedures must be included to brief personnel and participating persons on the risks involved, emergency procedures, and safeguards to be followed during the operation. h. Personnel directly participating in the safe operation of the UAS Minimum Requirements. In accordance with this exemption, the operator must specify the minimum requirements for all flight personnel in the operating manual. The PIC at a minimum will be required to meet the certification standards specified in this exemption. i. Communications. The operations manual must contain procedures to provide communications capability with participants during the operation. The operator can use oral, visual, or radio communications as long as the participants are apprised of the current status of the operation. j. Accident Notification. The operations manual must contain procedures for notification and reporting of accidents in accordance with this exemption.
In accordance with this exemption, the operating manual and all other operating documents must be accessible to the PIC during UAS operations.
At least 72 hours prior to operations, the operator must submit a written Plan of Activities to the local Flight Standards District Office having jurisdiction over the proposed operating area.HOGAN LOVELLS US LLP

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The Plan of Activities must include at least the following: a. Dates and times for all flights. For seasonal or long-term operations, this can include the beginning and end dates of the timeframe, the approximate frequency (e.g. daily, every weekend, etc.), and what times of the day operations will occur. A new plan of activities must be submitted prior to each season or period of operations. b. Name and phone number of the on-site person responsible for the operation. c. Make, model, and serial or N-Number of each UAS to be used. d. Name and certificate number of each UAS PIC involved in the operations. e. A statement that the operator has obtained permission from property owners. Upon request, the operator will make available a list of those who gave permission. f. Signature of exemption holder or representative stating the plan is accurate. g. A description of the flight activity, including maps or diagrams of the area over which operations will be conducted and the altitudes essential to accomplish the operation.
This requested amendment will provide UP with more operational flexibility by enabling it to fly near,
but not over, people directly participating in the intended purpose of the UAS operation.

c. Amendment to Limitation No 18.
Limitation No. 18 in UP’s Exemption states: “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.” In recently granted exemptions, the FAA revised the Limitation language covering these

issues as follows:
For UAS operations where GPS signal is necessary to safely operate the UA, the PIC must immediately recover/land the UA upon loss of GPS signal.

If the PIC loses command or control link with the UA, the UA must follow a predetermined route to either reestablish link or immediately recover or land.

See Clean Energy Amended Exemption Limitations Nos. 19 and 20; Bartels Amended Exemption
Limitations Nos. 19 and 20. UP requests that the above-quoted language from these two recent
exemptions replace the language in Limitation No. 18 of the UP Exemption.HOGAN LOVELLS US LLP

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\\DC - 031138/000012 - 7995545 v4 d. Addition of Limitation for Tethered Operations.
The UP Exemption does not expressly address tethered UAS operations. However, since the UP
Exemption was issued in April 2015, the FAA has established the following Limitation specifically for
tethered UAS operations.
For tethered UAS operations, the tether line must have colored pennants or streamers attached at not more than 50 foot intervals beginning at 150 feet above the surface of the earth and visible from at least 1 mile. This requirement for pennants or streamers is not applicable when operating exclusively below the top of and within 250 feet of any structure, so long as the UA operation does not obscure the lighting of the structure.

See Bartels Amended Exemption Limitation No. 18. The flexibility to use tethered UAS would enhance
UP’s operational capabilities, and therefore UP requests that this Limitation be added to its Exemption.

4. THE REQUESTED AMENDMENTS SHOULD BE GRANTED.
UP’s UAS operations under its Exemption, as amended, will continue to be for aerial data
collection, the same purpose for which the FAA has already authorized UP to operate the AirCover QR425s. UP’s UAS operations will continue to be conducted under the same basic Limitations imposed in
the most recent Section 333 exemptions and according to the applicable Manuals for the particular UAS
that UP will be operating. As emphasized above, the FAA already has approved each of the requested
amendments to the Limitations in recent exemptions. See, e.g., Clean Energy Amended Exemption
Limitations Nos. 1, 18, 19, 20, 27, 30, 31; Bartels Amended Exemption Limitations Nos. 1, 18, 19, 20, 27,
30, 31. The requested amendments and the current Limitations in the UP Exemption collectively ensure
that the UAS operations under the UP Exemption will not adversely affect safety and will provide at least
an equivalent level of safety to that provided by large manned aircraft operations performing the same
functions, and by the regulations from which the Exemption granted relief. There has been no change inHOGAN LOVELLS US LLP

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# EXHIBIT A3
Conditi ons and Limitations The conditions and limitations within Grant of Exemption No. 12349 have been superseded, and are amended as follows.

1. The operator is authorized by this grant of exemption to use any aircraft identified on the List of Approved Unmann ed Aerial Systems (UAS) under Section 333 at regulatory docket FAA

- 2007

- 3330 at www.regulations.gov , when weighing less than 55 pounds including payload. Proposed operations of any aircraft not on the list current ly posted to the above docket will require a new petition or a petition to amend this exemption.

2. If operations under this exemption involve the use of foreign civil aircraft, 1 the operator must obtain a Foreign Aircraft Permit pursuant to 14 CFR § 375.41 prior to conducting any commercial air operations under the authority of this exemption. Application instructions are specified in 14 CFR § 375.43. Applications should be sub mitted by electronic mail to the DOT Office of International Aviation, Foreign Air Carrier Licensing Division. Additional information can be obtained at https://cms.dot.gov/policy/aviation

- policy/licensing/foreign

- carriers

3. PIC certification : Under this exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FA A airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

4. PIC qualifications: The PIC must demonstrate the ability to safely operate the UAS in a manner consistent with how it will be operated under this exemption, including evasive and e mergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures before operating non

- training, proficiency, or experience

- building flights under this exemption. PIC qualification flight hours and currency may be logg ed in a manner consistent with 14 CFR § 61.51(b), however UAS pilots must not log this time in the same columns or categories as time accrued during manned flight. UAS flight time must not be recorded as part of total time.

5. Under all situations, the PIC is responsible for the safety of the operation. The PIC is also responsible for meeting all applicable conditions and limitations as prescribed in this exemption and ATO

- issued COA, and operating in accordance with the operating documents. All training o perations must be conducted during dedicated training sessions and may or may not be for compensation or hire. The operation must be

1 Foreign civil aircraft means (a) an aircraft of foreign registry that is not part of the armed forces of a foreign nation, or (b) a U.S.

- registered aircraft owned, controlled or operated by persons who are not citizens or permanent residents of the United States. 14 CFR § 375.1.4 conducted with a dedicated visual observer (VO) who has no collateral duties and is not the PIC during the flight. The VO must maintain visual sight of the aircraft at all times during flight operations without distraction in accordance with the conditions and limitations below. Furthermore, the PIC must operate the UA not closer than 500 feet to any nonparticipating person without exception.

6. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

7. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

8. The UA mus t be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driv er’s license.

9. All operations must utilize a VO. The UA must be operated within the VLOS of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure t hat the VO can perform the duties required of the VO.

10. This exemption, the List of Approved Unmanned Aerial Systems (UAS) under Section 333 at regulatory docket FAA

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- 3330 at www.regulations.gov , and all docum ents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS op erations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence a nd must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated an d revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant5 of exemption. The FAA’s UAS Integration Office may be contacted if questions arise regarding updates or rev isions to the operating documents.

11. Any UAS that has 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 prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

12. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

13. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a conditio n for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g., inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

14. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the ai rcraft and aircraft components.

15. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

16. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteor ological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. For tethered UAS operations, the tether line must have colored pennants or streamers attached at not more than 50 foot intervals beginning at 150 feet above the surface of the earth and visible from at least 1 mile. This requirement for pennants or streamers is not applicable when operating exclusively below the top of and within 250 feet of any structure, so long as the UA operation does not obscure the lighting of the structure.

19. For UAS operations where GPS signal is necessary to safely operate t he UA, the PIC must immediately recover/land the UA upon loss of GPS signal.6
20. If the PIC loses command or control link with the UA, the UA must follow a pre

determined route to either reestablish link or immediately recover or land.

21. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least 5 minutes or with the reserve power recommended by the man ufacturer if greater.

22. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct
o perations that cannot be conducted under the terms of the enclosed COA.

23. All aircraft operated in accordance with this exemption must be registered in accordance with 14 CFR parts 47 or 48, and have identification markings in accordance with 14 CFR part 45 , Subpart C or part 48. For applicability and implementation dates of part 48 see 80 FR 78594 (Dec. 16, 2015).

24. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 mus t be available to the PIC at the Ground Control Station 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.

25. The UA must remain clear and give way to all manned aviation operations and activities at all times.

26. The UAS may not be operated by the PIC from any moving device or vehicle.

27. All flight operations must be conducted at least 500 feet from all persons, vessels, vehicles, and structures unless when operating:
a. Over or near people directly participating in the operation of the UAS. People directly participating in the operation of the UAS include the PIC, VO, and other consenting personnel that are directly participating in the safe operation of the U A. b. Near but not over people directly participating in the intended purpose of the UAS operation. People directly participating in the intended purpose of the UAS must be briefed on the potential risks and acknowledge and consent to those risks. Operators must notify the local Flight Standards District Office (FSDO) with a plan of activities at least 72 hours prior to flight operations.
c. Near nonparticipating persons. Except as provided in subsections (a) and (b) of this section, a UA may only be operated c loser than 500 feet to a person when barriers or structures are present that sufficiently protect that person from the UA and/or debris or hazardous materials such as fuel or chemicals in the event of an accident. Under these conditions, the operator must ensure that the7 person remains under such protection for the duration of the operation. If a situation arises where the person leaves such protection and is within 500 feet of the UA, flight operations must cease immediately in a manner that does not
cause undue hazard to persons. d. Near vessels, vehicles and structures. Prior to conducting operations the operator must obtain permission from a person with the legal authority over any vessels, vehicles, or structures that will be within 500 feet of the UA during operations. The PIC must make a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

28. All operations shall be conducted over private or controlled

- access property with permission from a person with the legal authority to grant access. Permission will be obtained for each flight to be conducted.

29. 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 within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.nt sb.gov

. For operations conducted closer than 500 feet to people directly participating in the intended purpose of the operation, not protected by barriers, the following additional conditions and limitations apply:

30. The operator must have an operations ma nual that contains at least the following items, although it is not restricted to these items.
a. Operator name, address, and telephone number. b. Distribution and Revision. Procedures for revising and distributing the operations manual to ensure that it is kept current. Revisions must comply with the applicable conditions and limitations in this exemption.
c. Persons Authorized. Specify criteria for designating individuals as directly participating in the safe operation of the UAS. The operations manual must inclu de procedures to ensure that all operations are conducted at distances from persons in accordance with the conditions and limitations of the exemption. d. Plan of Activities. The operations manual must include procedures for the submission of a written plan o f activities.
e. Permission to Operate. The operations manual shall specify requirements and procedures that the operator will use to obtain permission to operate over property or near vessels, vehicles, and structures in accordance with this exemption. f. Secur ity. The manual must specify the method of security that will be used to ensure the safety of nonparticipating persons. This should also include procedures that will be used to stop activities when unauthorized persons, vehicles, or aircraft enter the oper ations area, or for any other reason, in the interest of safety.8

g. Briefing of persons directly participating in the intended operation. Procedures must be included to brief personnel and participating persons on the risks involved, emergency procedures, and safeguards to be followed during the operation. h. Personnel directly participating in the safe operation of the UAS Minimum Requirements. In accordance with this exemption, the operator must specify the minimum requirements for all flight personnel in the operating manual. The PIC at a minimum will be required to meet the certification standards specified in this exemption. i. Communications. The operations manual must contain procedures to provide communications capability with participants during the operati on. The operator can use oral, visual, or radio communications as along as the participants are apprised of the current status of the operation. j. Accident Notification. The operations manual must contain procedures for notification and reporting of accident s in accordance with this exemption.
In accordance with this exemption, the operating manual and all other operating documents must be accessible to the PIC during UAS operations.

31. At least 72 hours prior to operations, the operator must submit a written Plan of Activities to the local Flight Standards District Office having jurisdiction over the proposed operating area.
The Plan of Activities must include at least the following:
a. Dates and times for all flights. For seasonal or long

- term operations, this can include the beginning and end dates of the timeframe, the approximate frequency (e.g. daily, every weekend, etc.), and what times of the day operations will occur. A new plan of activities must be submitted prior to each season or period of operations

. b. Name and phone number of the on

- site person responsible for the operation.
c. Make, model, and serial or N

- Number of each UAS to be used. d. Name and certificate number of each UAS PIC involved in the operations.
e. A statement that the operator has obtained perm ission from property owners. Upon request, the operator will make available a list of those who gave permission. f. Signature of exemption holder or representative stating the plan is accurate. g. A description of the flight activity, including maps or diagrams of the area over which operations will be conducted and the altitudes essential to accomplish the operation.
In accordance with this exemption, the Plan of Activities and all other operating documents must be accessible to the PIC during UAS operations. A new Plan of Activities must be submitted should there be any changes to items (a) through (g).9 Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.
This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.
Sincerely,

/ s/ John S. Duncan Director, Flight Standards Service

Enclosures