Global Advantage , LLC Unmanned FMRA Section 333 Exemption Request

Page 1 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION, DOCKET OPERATIONS WEST BUILDING GROUND FLOOR, ROOM W12

- 140

1200 NEW JERSEY AVENUE, SE WASHINGTON, DC 20590

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

GLOBAL ADVANTAGE , LLC

, ( also d.b.a

. ), GLOBAL ADVANTAGE IBC, LLC FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.23 (a) and (c), 61.101 (e) (4) and (5), 61.113(a) & (b), 61.315 (a), 91.7(a), 91.119 (c), 91.121, 91.151 (a) (1), 91.405(a), 91.407(a)(1), 91.409(a) (1) & (2), 91.417(a) & (b)

CONCERNING COMMERCIAL OPERATION OF DJI PHANTOM 3 PROFESSIONAL, LOCKHEED MARTIN INDAGO, SENSE FLY eBEE, AND TRIMBLE UX5 HP

UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112

- 95)

Submitted on January 5 , 2016

Gerald A. Annis

Gerald A. Annis Global Advantage , LLC

11 4 Village Landing, Suite 351 Fairport , NY 14 450 Tel: (585) 683

- 0828Global Advantage , LLC Unmanned FMRA Section 333 Exemption Request

Page 2 January 5 , 2016

U.S. Department of Transportation Docket Operations 1200 New Jersey Avenue, SE West Building Ground Floor

, Room Wl2

- 140, Washington, DC 20590

Re: Petition of Global Advantage , LLC ( also d.b.a. Global Advantage IBC, LLC ) for an Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 to Operate Unmanned Aircraft Systems

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, Global Advantage , LLC , ( Global Advantage ) seeks an exemption from

the Federal Aviation Regulations identified below to allow for the commercial operation of the ; DJI Phantom 3 Professional

, ("Phantom 3 Professional "), Lockheed Marti n Indago (“ Indago ”), Sense Fly eBee, (“ eBee ”), and Trimble UX5 HP (“ UX5 HP ”) (collectively, the “sUAS” )

unmanned aircraft systems for aerial data collection. Global Advantage requests that the FAA review this petition pursuant to its "summary grant" process as the FAA has already granted exemptions similar in all material respects to this petition to use the Phantom 3 Professional

, Lockheed Martin Indago, Sense Fly eBee, and Trimble UX5 HP for aerial data collection.

See reasons stated by FAA Grant of Exemption No

. 11062, 11331, 11446, 11906

, 11110A

, 11136

, 11481

, and 11447

, after review and in determining that the UAS Global Advantage seeks to operate are similar in size, weight, operating conditions, design safety features, and will be operated under specific limitati ons described herein and in the a ttached appendices based on this Global Advantage is not seeking an exemption from 14 CFR part 21 subpart H , and 14 C.F.R Part 27 and any noise certification and testing requirements of Part 36

. Should it be determined by the FAA that these exemptions are needed Global Advantage will resubmit a petition for their exemption.

Gerald A. Annis

Gerald A. Annis

Gerald A. Annis Global Advantage, LLC 114 Village Landing, Suite 351 Fairport, NY 14450

Tel : (585) 683

- 0828Global Advantage , LLC Unmanned FMRA Section 333 Exemption Request

Page 3 TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS................................................................................... 4

SUMMARY......................................................................................................................

..... 5

INTRODUCTION AND INTERESTS OF PETITIONER................................................... 6

PROPOSED AERIAL VEHICLES

... ............. ........................ ...................................... .. .. ... 8

NAME AND ADDRESS OF PETITIONER............................................................ ............9

BASIS FOR PETITION.........................................................................

....................... .. 9, 10

THE REASONS WHY GRANTING GLOBAL ADVANTAGE , LLC REQUEST

WOULD BE IN THE PUBLIC INTEREST........................................................

........ ....... 1 1

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY................................................................................11

- 12

THE EXTENT OF RELIEF GLOBAL ADVANTAGE , LLC SEEKS AND THE

REASON GLOBAL ADVAN TAGE , LLC SEEKS THE RELIEF............................

....... 12

THE SECTIONS OF 14 C.F.R. FROM WHICH GLOBAL ADVANTAGE , LLC

SEEKS EXEMPTION...............................................

.......... ............. ............................. 12

- 15

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

......... .... 15

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE

TO SUPPORT GLOBAL ADVANTAGE , LLC REQUEST

........................... ...... 16

CONCLUSION.................................................................................

.............................. ... 16

APPENDICES.................................................................................

............................. . .... 17Global Advantage , LLC Unmanned FMRA Section 333 Exemption Request

Page 4 GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of 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 Ref orm Act of 2012 (FMRA) Section 333

SO Safety Observer

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and LandingGlobal Advantage , LLC Unmanned FMRA Section 333 Exemption Request

Page 5 SUMMARY

Global Advantage , LLC

, ( Global Advantage )

, seeks an exemption from the Federal Aviation

Regulations identified below to allow for the commercial operation of the; DJI Phantom 3

Professional, ("Phantom 3 Professional "), Lockheed Martin Indago Quad (“Indago”), Sense Fly

eBee, (“eBee”), and Trimble UX5 HP (“UX5 HP”) (collectively, the “sUAS”) unmanned

aircraft systems for aerial data collection. Global Advantage requests that the FAA review

this petition pursuant to its "summary grant" process as the FAA has already granted exemptions

similar in all material respects to this petition to use the Phantom 3 Professional, Lockheed

Martin Indago, Sense Fly eBee, and Trimble UX5 HP for aerial data collection. See FAA Grant

of Exemption No.11331, 11446, 11906, 12785, 12942, and 12962. The reasons stated by the

FAA in granting the exemptions listed above also apply to this petition, and the grant of this

petition is in the public interest.

REGULATIONS FOR WHICH EXEMPTION IS REQUESTED Global Advantage requests exemption from the following regulations:

• 14 C.F.R § 61.2 3 (a) and (c) ; • 14 C.F.R § 61.101 (e) (4) and (5) ; • 14 C.F.R § 61.113 (a) ; • 14 C.F.R § 61.315 (a) ; • 14 C.F.R § 91.7 (a) ;

• 14 C.F.R § 91.9 (b) (2) ;

• 14 C.F.R § 91.103 ;

• 14 C.F.R § 91.109 (a)

. • 14 C.F.R § 91. 11 9 (c) ; • 14 C.F.R § 91.121; • 14 C.F.R § 91.151 (a) & (b) ( 1 ) ; • 14 C.F.R § 91.203 (a) & (b); • 14 C.F.R § 91.405(a); • 14 C.F.R § 91.407(a)(1);

• 14 C.F.R § 91.409(a)(2) ;

• 14 C.F.R § 91.417 (a) & (b).

Global Advantage seeks the above exemption to operate an Unmanned Aircraft System pursuant

to Section 333 of the FAA Modernizatio n and Reform Act of 2012 (FMRA) to permit Global Advantage to operate Unmanned Aircraft System (UAS) for the commercial purpose of aerial imaging for ; data collection, inspections, mapping, monitoring, surveying, security of

infrastructure , conducting aerial video, event p hotography

, real estate p hotography , construction

site and structure inspection , special events, film sets, and landscape over certain areas of the

United States.Global Advantage , LLC Unmanned FMRA Section 333 Exemption Request

Page 6 INTRODUCT ION AND INTERESTS OF THE PETITIONER

Global Advantage , LLC provides its clients with expertise and knowledge in advanced

technologies and solutions to increase efficiency, productivity and effectiveness. Global

Advantage commercial operation of the sUAS as described herein, which is equipped with

camera(s) and sensors would operate to provide its clients with the highest quality digital content

for use in their commercial, personal, and non

- profit multimedia projects. Global Advantage

personnel has over 5 years of professional business experience in ; site inspection services

,

construction, design, services and over 2 years recreational/hobby experience in all aspects of

aerial video an d photography. The objective of Global Advantage aerial data collection operation

is to provide high quality imaging for a variety of comme rcial uses ta rgeting aerial imaging for;

data collection, aerial inspections, mapping, monitoring, surveying, security of infrastructure,

conducting aerial video, event p hotography

, real es tate p hotography , construction site and

structure inspection

, agriculture and operations in the energy industry, aerial

inspection/photography of residential/commercial structures under contract with the owners or

local government authority including but not limited to electrical power lines, wind turbines and

cell towers, special events, film sets, and landscape ove r certain areas of the United States.Global Advantage , LLC Unmanned FMRA Section 333 Exemption Request

Page 7 PROPOSED AERIAL VEHICLES

1. Unmanned Aircraft Systems: DJI Phantom 3 Professional UAS Global Advantage , LLC seeks an exemption to operate DJI systems for compensation or hire within the

NAS. The DJI Phantom 3 Profes sional is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 has a maximum gross weight of 2 pounds 13.1 ounces, a length of 16.2 inches, wi dth of 16.6 inches, height of 10.5 inches, and a maximum speed of approximately 31.1 knots. The DJI Phantom 3 UA is equipped with four main rotors; Driven by Lithium Polymer battery powered electric motors. The DJI Phantom 3 UA that will be operated by Glo bal Advantage , LLC and will be registered in accordance
with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and

marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

2. Unmanned Aircraft Systems: Lockheed Martin Indago Quadrotor UAS Global Advantage , LLC seeks an exemption to operate Indago systems for compensation or hire within

the NAS. The Lockheed Martin Indago is a vertical takeoff and landing (VTOL) Unmanne d Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The Lockheed Martin Indago has a maximum gross weight of 2 pounds 13.1 ounces, a length of 16.2 inches, width of 16.6 inches, height of 10.5 inches, and a maximum speed of approximately 31.1 knots. The Lockheed Martin Indago UA is equipped with four main rotors; Driven by Lithium Polymer battery powered electric motors. The Lockheed Martin Indago UA that will be operated by Global Advantage

, LLC and will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14
C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

3

. Unmanned Aircraft Systems: Timble UX5 HP UAS Global Advantage , LLC seeks an exemption to operate Trimble UX5 HP system for compensation or hire

within the NAS. The Trimble UX5 HP is a Fixed Wing catapult launch takeoff and belly landing Unmanned Aircraft ( UA) . The Trimble UX5 HP include s an integrated Trimble GNSS receiver , with a Ground Control Station (GCS . The Trimble UX5 HP has a maximum gross weight of (6.4 lb) pounds, a maximum payload of 5.1lb , a wingspan of 39.4 in , overall dimension of 39.4 x 26 x 4.1 in , and a cruise speed of approximately 53 mph . The Trimble UX5 HP UA is equipped with an electric pusher propeller, brushless 1400 W motor ; d riven by a14.8 V, 6600 mAh batt ery powered electric motor . The

Trimble UX5 HP UA that will be operated by Gl obal Advantage , LLC and will be registered in
accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

4

. Unmanned Aircraft Systems: Sense Fly eBee UAS Global Advantage , LLC seeks an exemption to operate Sense Fly eBee systems for compensation or

hire within the NAS. The eBee is a is a Fixed Wing hand launch takeoff and landing Unmanned Aircraft (UA) with a w ingspan of 38 in ., weight of 1.52 lbs, an electric pusher propeller, 160 W brushless DC motor, a 11.1 V, 2150 mAh Lithium

- Polymer battery, and cruise speed of 25

- 56 mph. The Sense Fly

eBee that will be operated by Global Advantage , LLC and will b e registered in accordance with 49
U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.Global Advantage , LLC Unmanned FMRA Section 333 Exemption Request

Page 8

THE GROUND STATIONBASED PART OF THE SY STEM:

 A Pilot in Command (PIC) in operational control of a flight operation from beginning to

end and who controls the UA while in the air;

 A radio transmitter/controller operated by the PIC to control the UA while in flight;

 A Visual Observer (VO) who provides a second pair of eyes to visually track the UA

while in flight;

 Capability for a radio receiver that receives live video and flight data from the onboard camera and computer, and projects it all together onto a screen for the PIC to vi ew during flight.

The sUAS will be equipped with a camera and camera stabilizing gimbal, and have the capability to be equipped with an OSD (on screen display) which provides the PIC with altitude, airspeed, battery life and direction.

Our sUAS flight controllers utilize GPS to limit the altitude above the ground, to limit the radius of the distance it flies from the PIC, and to exclude it from operations within designated Class B, C and D airspace including a no fly zone feature.

The sUASs have GPS guided failsafe functions allowing the autopilot system to fly back to the launch site autonomously. If the transmitter is disconnected the system will automatically t rigger the return to home function and will land safely. If the connection is re stored, the PIC can regain control of flight and land manually.

Our sUASs will manually operate only in VLOS and will operate only within a sterile area such as is described in the Flight Operations Manual (FOM) attached as Appendix A (hereinafter “ the Man ual ” ).

Adherence to the Manual will ensure that the sUAS will “ not create a hazard to the national airspace system or the public. ”

PILOT IN COMMAND AND OBSERVER QUALIFICATIONS AND DUTIES

The PIC will maintain at least a Sport Pilot Certificate and a current Drivers License. The PIC will be allowed to fly during daytime hours only and must be able to see the drone at all times (though a second operator can be used as an observer). The PIC i s responsible for the safe and efficient operation of the aircraft. Specific duties include all preflight preparation, in flight operation and post flight requirements. Procedures include but are not limited to; safe flight operations, risk assessment and mitigation to persons and property, and site suitability.

The Visual Observer (VO) must have the visual acuity to observe the sUAS and be able to communicate clearly with the PIC utilizing hand signals, verbal communications, or 2 way

radios. The Visual O bserver’s duties are: notifying the PIC of any impending obstacles in the flight path of the sUAS; notifying the PIC of any deviations in the planned flight path of the sUAS, and notifying the PIC if unauthorized persons enter the area of the planned fligh t.Global Advantage , LLC Unmanned FMRA Section 333 Exemption Request

Page 9 NAME , CONTACT AND ADDRESS OF THE PETITIONER

Gerald A. Annis , CEO Petition Contact / Mailing Address : Gerald A. Annis , CEO Global Advantage, LLC Global Advantage, LLC 114 Village Landing, Suite 351 783 Bishops Lane Fairport, NY 14450 Webster, NY 14580

Office : (585) 364

- 1000 Cell: 585) 683

- 0828 Cell: 585) 683

- 0828 GAAnnis@aol.com

GAAnnis@aol.com

BASIS FOR PETITION

This petition for exemption is submitted in accordance with Section 333 of the Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircra ft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit operation of an unmanned aircraft system ("UAS") where it does not create a hazard to users of the national airspace system ("NAS") or the public or pose a threat to national security based on the following considerations:

• The size, weight, speed and operational capability; • Operation in proximity to airports and populated areas; and • Operation within visual line of sight of the o perator.

Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. S ee 49 U.S.C. §§106 (f), 4470144716, e t

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

Petitioner, Global Advantage , LLC, pursuant to the pro visions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Ce rtain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Phantom 3 Professional, the Lockheed Martin Indago, Trimble UX5 HP

, and Sense Fly eBee UAS in the National Airspace System (NAS), and for an exemption from certain parts of 14 CRF cited as follows in addition to such furth e r exemptions and relief as the FAA may determine is necessary to permit the operations described

herein.

Exemption is requested for requirements of : 14 C.F.R § 61.23 (a) and (c); 14 C.F.R § 61.101 (e) (4) and (5); 14 C.F.R § 61.113 (a); 14 C.F.R § 61.315 (a); 14 C.F.R § 91.7 (a); 14 C.F.R § 91.9 (b) (2); 14 C.F.R § 91.103; 14 C.F.R § 91.109 (a). 14 C.F.R § 91.119 (c); 14 C.F.R § 91.121; 14 C.F.R § 91.151 (a) & (b) (1); 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 91.407(a)(1); 14 C.F .R § 91.409 (a)(2); 14 C.F.R § 91.417 (a) & (b).Global Advantage , LLC Unmanned FMRA Section 333 Exemption Request

Page 10

STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including sUAS , from the requirement that all civil aircraft must have a current airworthiness

certifi cate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C . § 44701(f) See also 49 USC §4471 1(a); 49 USC §44704; 14 CFR §91. 203 (a) (1). S ection 333 (b) of the Reform Act assists the secretary in determining whether sUAS may operate in the National Airspace system (NAS) without creating a hazard to the user, the public, or a threat to national security. In making this determination, the Secretary must consider:

• The sUAS's size, weight, speed, and operational capability; • whether the sUAS operates within the visual line of sight of the operator
• whether the sUA S operates outside of highly populated areas and away from close proximity to airports

Reform Act §333(a). If the secretary determines that a sUAS "may operate safely in the national airspace system, the secretary shall establish requirements for the sa fe operation of such aircraft

in the national airspace system." Id. §333(c).

Global Advantage sUAS, weig hing less than 55 lbs. including payload, and will operate under normal conditions at a speed of no more than 50 knots. The sUAS will operate only in th e Pilot's visual line of sight at all times and will operate only within the preplanned area . such operations will insure that the sUAS will ''not create a hazard to users of the national airspace system or the public." Reform Act section 333 (b).

Given t he small size of the sUAS involved and the restricted and preplanned area within which they will operate, our application falls squarely within the zone of safety (an equivalent level of safety) in which congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS to commence immediately. Also due to the small size of the sUAS and the

low altitudes and restricted areas in which the sUAS will operate, approval of the application presents no national security issue.

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, the grant of the requested exemptions is in the public i nterest . Accordingly

, Global Advantage respectfully requests that the FAA grant the requested exemption without delay.Global Advantage , LLC Unmanned FMRA Section 333 Exemption Request

Page 11



### 14 CFFR 11.81 (d)

– Reasons why granting Global Advantage request would be in

the public interest and how it would benefit the public as a whole ;

Granting the exemption will further public interest by allowing Global Advantage too safely, efficiently and economically perform operations to further safe UAS integration into construction, surveying, agriculture, structural inspections where safe sUAS operations will reduce rick and unnecessary exposure for inspectors and pilots as compared to legacy processes. This exemption application is expressly submitted to fulfill congress' goal in pa ssing section 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 NAS before completion of the rulemaking required under Section 332 of the R eform Act. By granting an exemption the FAA will fulfill congress's intent of allowing UAS to operate with significant safety precautions in low risk envir onments.

The use of sUAS on a various site conditions can significantly reduce the risk to workers of falls while inspecting, surveying, or monitoring site progress. sUAS can inspect, photograph, and

collect data on hard to get to areas that otherwise would require worker inspection. Falls are a leading source of workplace fatality and inj ury on construction sites ( l ) , and reducing falls through sUAS use for site imaging could save workers lives.

Additionally, sUAS could replace the use of helicopters and small aircraft to perform our intended tasks. The sUAS we propose to fly in this application are under fifty

- five pounds, and

carry no combustible material on board, as opposed to the much larger conventionally powered small aircraft. shifting to sUAS from helicopters and airplanes presents a marked safety increase

for our workers and the public.

Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and data collection. our sUAS use rechargeable lithium ion batteries, as opposed

to fossil fuels burned in operation of s mall aircraft t hat are man y hundreds of times heavier.



### Reasons Why Granting Exemption Would Not Adversely Affect Safety

Global Advantage sUAS operations will provide a level of safety that far exceeds the level of safety required by the FAA for hobbyists and manufacturers of mode l aircraft. The following operating procedures will apply during the sUAS inspection operations under this exemption

request.

1. Global Advantage operations will be conducted:

a. Within the visual line of sight of the Pilot in command (PIC) and one or more Visual Observers (VO).

b. At less than 400 feet AGL



### c. Within class G airspace



### . 2. Global Advantage inspection operations will be conducted in a co nfined area over isolated private property located at least 5 miles away from any airport, heliport, seaplane base, spaceport or other location with aviation activities, and any military or U.S . government
installations or airfields. If we are within the 5 mile radius of any of the above installations Global Advantage will seek written approval from that installation's owner before sUAS operations take place.

____________________________________________________________ ( 1 ) "Commonly Used Statistics", Occupational Safety & Health Administration.Global Advantage , LLC Unmanned FMRA Section 333 Exemption Request

Page 12

3. All sUAS operations will remain within the lateral and vertical boundaries of the operating area, taking into account all factors, including wind , gross weight and glide distances, that may affect the capability of the sUA S to remain within the airspace boundary; moreover, the ceiling height will be no more than 400 feet AGL.

4. Global Advantage sUAS inspection operations under this exemption will be conducted under the supervision designated PIC who ultimately has final resp onsibility for the operation in accordance with 14 C.F.R. 91.3 and either holds a current FAA private pilot certificated, a higher FAA pilot certification, or a FAA

– recognized equivalent or has completed FAA private pilot ground instruction and passed th e FAA private pilot written

exam.

5. PIC will maintain the sUAS system in a condition for safe operation, and conduct a pre

flight inspection prior to each flight so as to ensure that the sUAS, control station, data link equipment, camera, and support equipm ent are in a condition for safe operation and in a configuration appropriate for the purpose of the intended flight.

6. The PIC and VO will maintain two

- way communications with each other during all operations ; if unable to maintain two

- way communications , or if any condition occurs that may otherwise cause the operation to be unsafe, the operator will immediately conclude the operation.

7. Each sUAS that Global Advantage will employ under this exemption wi1l safely return automatically to a home location designated by the PIC if the communications link is

lost.

8. The aircraft documentation required by 14 C.F.R. §§ 91.9 and 91.203(b), as applicable,

will be availabl e to the PIC refer red to above at any time Global Advantage sUAS are operating.

Global Advantage will effectively operate under our own standard operating procedures that will provide additional safeguards that go far beyond the level of safety for public model airplane

fields.

DES CRIPTION OF SPECIFIC REGULATIONS FOR REQUESTED EXEMPTION

14 CFR § 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113 (a) & (b) limit private pilots to non

– commercial operations for which exemption is requested . Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the Pilot operating the aircraft to have completed a sUAS flight training course of 100 hours before flying

a sUAS. unlike a conventional aircraft that carrie s the pilot and passengers, the sUAS is remotely controlled with no living thing or cargo on board. The sUAS are also operated by an autopilot,

which greatly reduces the danger of human error . The area of operation i s controlled and restricted areas, and all flights are planned and coordinated in advance.Global Advantage , LLC Unmanned FMRA Section 333 Exemption Request

Page 13

The sUAS to be operated hereunder is less than 55 lbs. full y loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a se cured area as set out in the operation plan. Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator, and in compliance with local public safety requirements, to provide security for the area of operation. The FAA will have advance notice of all operations.

The risks associated with the operation of the sUAS are therefore diminished from the level of

risk associated with commercial operations contemplated by Part 61 when drafted, and allowing

ope rations of the sUAS as requested with a Pilot who has the level of safety contemplated by 14 C.F.R . §61.113 (a) & (b).

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate.

As no such certificate will be applicable in t he form contemplated by the FARs, this Regulation is inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation, but also since the documentation would not be available to the crew during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved UA Flight Operations Manual (FOM) (Appendi x A) must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 C.F.R. § 91.103: Preflight Action

This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement as the Pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the Pr eflight

checklist in the Manual. These actions will provide an equivalent level of safety.

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests.

The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls."The UA System ground based

control station consists of a small handheld radio transmitter and while it does not offer a second set of "controls", both the student a nd instructor can, and will, operate the single set of controls simultaneously. With both student and instructor having "hands on" the controls during flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of safety.Global Advantage , LLC Unmanned FMRA Section 333 Exemption Request

Page 14

14 C. F. R. § 91.119: Minimum safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. S ection 91.119 (d) allows sUAS to be operated at less than the minimums prescribed, provided the person operating complies with any route or altitudes prescribed by the FAA. The sUAS will never operate at altitude higher than 400 AGL and will be in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre

- obtained consen t.

Relief is requested as t he equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Becau se of the advance notice to the property

owner and any onsite personnel, all affected individuals will be aware of the planned flight operations. unlike flight operations with aircraft or rotorcraft weighing far more than the maximum 55 lbs. proposed herei n, our sUAS will not carry flammable fuel . In addition, the low

altitude operations of the sUAS will ensure separation between sUAS 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 to 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 sUAS may not have a bar ometric altimeter,

but instead use GPS for altitude control, which is transmitted to the pilot via a digitally encoded

telemetric data feed. Relief from § 91.121 is requested to allow the GPS, radio, or laser altimeter

to be used to maintain the correct AGL altitude.

14 CFR § 91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for beginning a flight from point to point in VFR

conditions. Global Advantage sUAS is limited to operations in predefined areas, in controlled

environments , has a limited range and flight time within visual site of the PIC and will not require an airport for operations, for which an exemption from 14 CFR 91.151(a) is requested

.
The battery powering the sUAS provides approximately 35 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 5 minutes in length. T h e risk of the aircraft running out of fuel as outlined in §91.151 (a) does not directly apply to the way Global Advantage will operate. Further if Global Advantage were to maintain a 30 minute reserve, its UA operation would not be possible as the reserve time is greater than the flight time of the U A.

Global Advantage believes that an exe mption from 14 CFR § 91. 151(a) falls withi n the scope of prior exemptions . See Exemption 10673 (allowing Lockheed Martin corporation to operate without compliance with FAR 91.151 (a)). operating the small sUAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that section 91.151(a) was intended to allevi ate given the size and speed of the small UAS.Global Advantage , LLC Unmanned FMRA Section 333 Exemption Request

Page 15

14 CFR § 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b): Maintenance Inspections

The above regulations require that an aircraft operator or owner "shall have that aircraft 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 maintain 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 Global Advantage . Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook from the manufacturer . An equivalent level of safety will be achieved because these small sUAS are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If

mechanical is sues arise the sUAS can land immediately a nd will be operating from no hig her

than 400 feet AGL. The Pilo t will ensure that the sUAS is i n working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover,

the Pilot 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.

Global Advantage believes that an exception from these maintenance requirements is warranted because the UA will not have an airworthiness certificate, and the FAA has not developed equivalent part 91 maintenance requirements for sUAS. More specifically, no individuals are authorized by the FAA to approve a sUAS for return to service under 91.407 (a) or to conduct initial airworthiness inspections.

14 C.F.R § Part 11.81 (f)

– Summary that can be published in the Federal Register

T he following summary is provided for publication in the Federal Register, should it be determined that pu blication is needed:

Petitioner: Global Advantage , LLC.

(1) The rule from which you seek the exemption :

Sections of 14 CFR that Global Advantage seeks Exemption are :
14 C.F.R § 61.23 (a) and (c); 14 C.F.R § 61.101 (e) (4) and (5); 14 C.F.R § 61.113 (a); 14 C.F.R § 61.315 (a); 14 C.F.R § 91.7 (a); 14 C.F.R § 91.9 (b) (2); 14 C.F.R § 91.103; 14 C.F.R § 91.109 (a). 14 C.F.R § 91.119 (c); 14 C.F.R § 91.121; 14 C.F.R § 91.151 (a) & (b) (1); 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 91.4 07(a)(1); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).

(2) Nature of the exemption you seek:

Global Advantage seeks relief from the applicable parts of 14 CFR 61 and 91 as requested within this petition to allow Global Advantage to safely and defi ciently conduct commercial UAS flight operations in support of the energy industry and to further research and development for our clients and the industry at large.Global Advantage , LLC Unmanned FMRA Section 333 Exemption Request

Page 16

14 C.F.R § Part 11.81 (g)

- Additional information, views or arguments to support Global Advantage request:

Allowing this exemption will give Global Advantage the ability to further promote the development of USA technologies in a manner that increases safety, security, and efficiency, while providing positive economic impact for our clients and the public. Approval of exemptions

which allow commercial operatio ns of sUAS in the construction industry enhances safety while reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS

wei ghing 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 sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associ ated with manned aircraft flights.

The operation of small sUAS, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exe mpting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result , are far safer than conventional operations

con ducted with turbine helicopters operating in close proximi ty to the ground and people.

All flights will occur over private or controlled access property with the property owner's prior consent and knowledge . Images taken will be of individuals who have al so consented to being filmed or otherwise have agreed to be in the area where aer ial photography will take place

. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

- - size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

- provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant's sUAS.

CONCLUSION

Global Advantage LLC

, respectfully requests an exemption unde r Section 333 of the Reform

Act. If the FAA believes additional exemptions beyond those requested in this petition are required for Global Advantage to conduct sUAS operations described here, we respect fully request an exemption from any such regulatory provisions as deemed necessary. For any questions or concerns, please contact me directly at the phone, mail or email address provided.

S incerely,

Gerald A. Annis

Gerald A. Annis

Gerald A. Annis C/O Global Advantage, LLC 783 Bishops Lane Webster, NY 14 5 8 0 Tel: (585) 683

- 0828

GAAnnis@aol.comGlobal Advantage , LLC Unmanned FMRA Section 333 Exemption Request

Page 17 APPENDIX A

DJI Phantom 3 Professional

– Proposed Aerial Vehicle

 Operation and Maintenance Manuals, Safety Checklists

Lockheed Martin Indago Quadrotor

– Proposed Aerial Vehicle

 Operation and Maintenance Manuals, Safety Checklists

Timble UX5 HP UAS

– Proposed Aerial Vehicle

 Operation and Maintenance Manuals, Safety

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja &uact=8&ved=0ahUKEwi6xKersaXJAhXHFR4KHfn6AD0QFggpMAI&url=http

%3A%2F%2Fuas.trimble.com%2Fsites%2Fdefault%2Ffiles%2Fdownloads%2F0 2

2516

- 131a_trimbleux5_hp_ds_0615_lr_2.pdf&usg=AFQjCNFId_EAxUl3X8DkFBgNjuda kG6b5Q&bvm=bv.108194040,d.dmo

Sense Fly eBee UAS

– Proposed Aerial Vehicle

 Ope ration and Maintenance Manuals, Safety

Certification Global Adva n tage LLC, Company is a “Citizen of the United States”