December 15, 2015

U.S. Department of Transportation West Building Ground Floor, Room w12

- 140 1200 New Jersey

Avenue, SE., Washington, DC 20590 Re: Exemption Request Section 333 of the FAA Reform Act
Dear Sir or Madam : Pursuant to Section 333 of the FAA Modernization and Re form Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Paragon Flight Training Co. a flight training company and operator of S mall Unmanned Aircraft Systems (“ sUASs”) , hereby a pp li es f or an exemption from the Federal Avia tion Regulations (FARs) li sted below to allow operation of our S mall Unmanned Aircraft System (sUAS) c ommercially in airspac e regulated by the Federal Aviation Ad ministration (FAA) so long as such operations are c onducted with and under the conditions outlined herein or as may be estab li shed by the FAA as required by Section 333. The requested ex emption would permit Paragon Flight Training Co

. to pursue its c ommercial interests in providing ser

vic es to cli ents using a small advanced sUAS in the f o llowing areas:

 Precision agriculture aerial sur veying
 Pip eline inspection and patro lling

 Utility

-power generation system inspections and patro lling

 Communica

tions inf rastructure inspection/monitoring
 Wildli fe and f

orestry monitoring
 Construction site insp e cti on and monitoring

 Pub lic entity support operation s.
 Real e state photo graphy As described more fully below, the requested exemption would permit the operation of small , unmanned and relatively inexpensive sUAS under c ontro ll ed c onditi ons in airspac e that i s 1 ) limited 2) predetermined 3) contro ll ed as to access and 4) would provide safety enhancements to the already best practices safety proto c o ls f o llowed by Paragon Flight Training Co. at each of its cli ent pro j ect locations. Approval of this ex emption would thereby enhance safety and fulfill the Secretary of Transportation ’s (the FAA Ad ministrator’s) responsib ilities to “... estab li sh requirements for the safe operation of such aircraft systems in the national airspace system. ” Section 333 (c) of the Ref orm Act.The name and address of the app li cant is:

Paragon Flight Training Co. Attn: Jeffrey

Wolf 511 Danley

Drive Fort Myers, FL 33907 Phone : 239

- 274

- 3170 Email: info@paragonflight.com Regulations from which the exemption is requested : 14 C

. F

. R

. Part 21 Certificati on procedures for products and parts 14 C.F.R. 45.23(b) Identification and re gistration marking 14 C

. F

. R

. 61.113 (a) & (b ) Priva te pilot privil eges and limitations: p ilot in c ommand. 14 C.F.R. 91.7 (a) Civil aircraft airworthiness 14 C.F

. R

. 91.9 (b ) (2 ) Civil aircraf t flight manual, marking , and plac ard requirements 14 C.F.R. 91.103 Preflight action 14 C.F.R. 91.109 Flight instruction ; simulated instrument flight and c ertain flight te sts 14 C.F. R. 91.119 Minimum saf e altitudes; general 14 C.F.R. 91.121 Altimeter settings 14 C

. F

. R

. 91.151 (a) Fuel requirements and flight in VFR c onditions 14 C

. F

. R

. 91.203 (a) & (b ) Civil aircraf t; certifi cations required 14 C

. F

. R

. 91.405 (a) Maintenanc e required 14 C

. F

. R

. 407 (a) ( 1 ) Operati on after maintenance, preventative maintenance, rebuilding or alteration 14 C

. F

. R

. 409 (a) (2 ) Inspections 14 C.F

. R

. 417 (a) & (b) Maintenanc e records**I. STATUTORY AUTHORITY FOR EXEMPTIONS** 

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

grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any s ections 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 §44711(a); 49 USC §44704; 14 CFR §91.203(a) (1). Section 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 sUAS operates outside of highly p opulated areas and away f rom close proximity

to airports Reform Act §333(a). If the Secretary determines that a sUAS “may op erate safely

in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c). Paragon Flight Training Co.’s sUASs are rotorcraft, weighting 55 or fewer lbs. including payload. They operate, under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously

. They will operate only in line of sight and will operate only within a sterile area. Such operations will insure that the sUAS will “not create a hazard to users of the national airspace system or the public.”
We are petitioning for exemption to enable SPSRV to operate a DJI In spire 1 multi

-rotor equipped with a three

- axis gimbaled camera . These sUAS all weigh less than 25 lbs., have a built

- in capability

to limit the height it flies above the ground, to limit the radius of the distance it flies from the operator and to exclude it from Class B, C and D airspace including a no fly z one feature . Each system also has the failsafe function of the autopilot system, which means when the communication between the Main Controller and the transmitter is lost, the system will automatically

trigger Return to Home and will land safely

. Given the small size of the sUAS invo lved and the restricted and sterile environment within which they will operate, our app li cation falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisi oned that the FAA must, by exemption, allow c ommercial operations of sUAS to commence immediate ly

. Al so due to the small size of the sUAS and the low altitudes and restricted areas in which the sUAS will operate, approval of the app li cation presents no national security i ssue.Given the cl ear direction in Secti on 333 of the Ref orm Act, the authority contained in the Federal Aviati on Act, as amended ; the strong equivalent l evel of safety surrounding the proposed operations , and the significant public benefit, including enhanced safety, the grant of the requested ex emption is in the public interest. Accordingly, Paragon Flight Training Co. respectfully

requests the FAA grant the requested exemption without delay

. Applicant interprets this provision to place the duty on the Administrator to not only process applications for ex emption under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval. The Federal Aviation Act expressly grants the FAA the authority

to issue ex emptions. This statutory a uthority b y its terms includes exempting civil aircraft, as the term is defined under § 40101 of the Act that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate

. **II. PUBLIC INTEREST** 
This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider weather certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. B y granting an exempti on the FAA will fulfill Congress’s intent of allowing UAS to operate with significant safety precautions in low risk environments. The use of sUAS on a work site 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. F alls are a leadin g source of workplace fatality and injury

on construction sites, and reducing falls through sUAS u se for site imaging could save workers lives. Additionally, sUAS could replace the use of helicopters and small aircraft to monitor sites. The sUAS we propose to fly

in this application are under pounds, and carry no combustible material on board, as opposed to the much larger conventionally p owered small aircraft. S hifting to sUAS from helicopters presents a marked safety increase for our workers and the public. Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy

u se for aerial imaging and data collection over a construction site. Our sUAS use rechargeable lithium ion batteries as opposed to fossil fuels burned in operation of small aircraft that re many hundreds of times heavier. Reform Act § 333 (a). L astly, if the Secretary determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c) (emphasis added) Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without delay.**III. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY** 

Paragon Flight Training Co. proposes that the exemption requested herein apply sUAS that have the characteristics and that operate with the limitations listed herein. These limitations provide for at lease an equivalent or even higher level of safety to operations under the current regulations structure because the proposed operations under the current regulations structure because the proposed operations represent a safety enhancement to the already safe operations conducted with conventional aircraft. These limitations and conditions to which Paragon Flight Training Co. agrees to be bound when conducting commercial operations under an FAA issued exemption include:
1. The sUAS will be less than 55 pounds. 2. Flights will be operated within visual line of sight of a pilot. 3. Maximum total flight time for each operational flight will be 30 minutes. The UAS calculates battery

reserve in real time, and will return to its ground station with at least 20% battery

power reserve should that occur prior to the 30

-minute limit. 4. Flights will normally b e operated at an altitude of 200 feet AGL, never exceeded 400 AGL. 5. Crew for each operation will consist of the sUAS Pilot who will keep the sUAS within his visual line of sight at all times. 6. The sUAS Pilot will be trained in flight, op erations, and safety procedures as detailed in the Flight Manual. 7. The sUAS will only

operate within a confined “Sterile Area” as defined in the Manual. The Manual also requires the establishment of a “Security P erimeter” for the flight operations area. 8. A briefing will be conducted in regard to the planned sUAS operations prior to each day ’s production activities. It will be mandatory that all personnel who will be performing duties within the boundaries of a safety perimeter be present for this briefing. 9. All onsite personnel will consent to the UAS flyover on site by w aiver, and the operator will obtain additional verbal or written consent of all persons who will be allowed within 100 feet of the flight operation. 10. Pilot will have been trained in operation of UASs generally and received up -to

- date information on the particular UAS to be operated as required b y S ection F of the Manual. 11. Written and/or oral permission from the relevant property holders will be obtained. 12. All requirements permissions and permits will be obtained from territorial, state, county, or city j urisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 13. If the sUAS loses communication or loses its GPS signal, it will have capacity to enter “loiter mode” and hover, reestablish satellite connection, and return to a predetermined location within the Security P erimeter and land.**IV. DESCRIPTION OF SPECIFIC REGULATIONS** 

1 **4 C.F.R. §**  **45.23 (b)**  **. Id**  **e ntific**  **at i** **o n**  **and r** **e gi** **s tr** **at i** **o n**  **ma rkings**  (a) Each operator of an aircraft must display on the aircraft marks consisting of Roman capital letter “N” (denoting United States registration) followed by t he registration number of the aircraft. Each suffix letter used in the marks displayed must also be a Roman capital letter. (b) When marks include only t he Roman 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 letter 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 b e needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which 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 sUAV marked on its fuselage as required by

§ 45.29 (f) where the pilot, observer and others working with the sUAS will see the identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167 A. **14 CFR**  **§ 61.113**  **( a** **) &**  **(b): Priv** **ate pil** **ot privil** **e g** **es and**  **limi tat** **i o**  **n s**  **: Pil** **ot in**  **c o**  **mm a** **nd**
(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may the person, for compensation or hire, act as pilot in command of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or emplo ym ent if; (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property

for compensation or hire. (c) A private pilot may

not pay le ss than the pro rata share of the operations expenses of a flight with passengers, provided the expenses involve only f uel, oil, airport expenditure s, or rental fees. (d) A private pilot may

act as pilot in command of a charitable, nonprofit, or community event flight described in §91.146, if the sponsor and pilot comply with the requirements of §91.146. (e) A private pilot may

b e reimbursed for aircraft operating expenses that are directly related to search and location operations, provided the expenses involve only fuel, oil, airport expenditures, or rental fees, and the operation is sanctioned and under the direction of control of: (1) A local, State, or Federal agency ; or(2) An organization that conducts search and location operations.

(f) A private pilot who is an aircraft salesman and who has at least 200 hours of logged flight time may demonstrate an aircraft in flight to a prospective buyer. (g) A private pilot who me ets the requirements of §61.69 may act as a pilot in command of an aircraft towing a glider or unpowered ultralight vehicle. (h) A private pilot may

act as pilot in command for the purpose of conducting a production flight test in a light

- sport aircraft intended for certification in the light

- sport category under §21.190 of this chapter, provided that

- (1) The aircraft is a powered parachute or a weight

- shift

- control aircraft; (2) The person has at least 100 hours of pilot

- in

- command in the category and class of aircraft flown; and (3) The person is familiar with the processes and procedures applicable to the conduct of production flight testing, to include operations conducted under a special flight permit and any associated operations limitations.
Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. 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 c ompleted a sUAS flight training course of 100 hours before flight a sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing or cargo on board. P aragon Flight Training Co.’s sUAS is also operated by an autopilot, which greatly reduces the danger of human error.
**14 C.F.R. §91.7(a): Civil aircraft airworthiness.**
a) No person may

operate a civil aircraft unless it is in an airworthy condition. b) The pilot in command of a civil aircraft is responsible for determining weather that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. A s 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 of the aircraft and the requirements contained in the Manual for maintenance and use of safety check lists prior to each flight, as set forth in Sections J, L and Q, an equivalent level of safety

will be provided.

**14 C.F.R. § 91.9 (b)(2): Civil Aircraft Flig** **ht Manual in the Aircraft.**
(a) Except as provided in paragraph (d) of this section, no person may operate a civil aircraftwithout complying with the operating limitations specified in the approved Airplane or

Rotorcraft Flight Manual, makings, and placards, or as otherwise prescribed by the certificating authority

of the country

of registry

. (b) No person may

operate a U.S.

-registered civil aircraft

- (1) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter unless there is available in the aircraft a current, approved Airplane or Rotorcraft Flight Manual or the manual provided in §121.141(b); and (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 c ombination thereof. (c) No person may

operate a U.S.

-registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter. (d) Any p erson taking off or landing a helicopter certificated under part 29 of this chapter at a heliport constructed over water may make such momentary

f light as in necessary

f or takeoff or landing through the prohibited range of the limited height

- sp eed envelope established for the helicopter if that flight through the prohibited range takes place over water on which a safe ditching can be accomplished and if the helicopter is amphibious or is equipped with floats or other emergency flotation gear ade quate to accomplish a safe emergency ditching on water. 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 c ombination thereof. The sUAS, given its size and configuration has no ability or place to carry

such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8 607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.
**14 C.F.R. § 91.103: Preflight Action**

Each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include

- (a) For a flight under IFR or a flight not in the vicinity o f an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pi lot in command has been advised by ATC; (b) For any flight, runway l engths at airports of intended use, and the following takeoff and landing distance information: (1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containingtakeoff and landing distance data is required, the takeoff and landing distance data

contained therein; and (2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport evaluation and runway slope, aircraft gross weight, and wind and temperature.
This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and takeoff distances and aircraft performances data before initiation of flight.
**14 C.F.R. §91.109: Flight Instruction:**
(a) No person may

operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully f unctioning dual controls. However, instrument flight instruction may b e given in an airplane that is equipped with a single, functioning throwover control wheel that controls the elevator and ailerons, in place of fixed, dual controls, when

- (1) The instructor has determined that the flight can be conducted safely; and (2) The person manipulating the controls has at lease a private pilot certificate with appropriate category

and class ratings. (b) An airplane equipped with a single, functioning throwover control wheel that controls the elevator and ailerons, in place of fixed, dual controls may b e used for flight instruction to conduct a flight review required by § 61.56 of this chapter, or to obtain recent flight experience or an instrument proficiency check required by

§61.57 when

- (1) The airplane is equipped with operable rudder pedals at both pilot stations; (2) The pilot manipulating the controls is qualified to serve and serves as pilot in command during the entire flight; (3) The instructor is current and qualified to serve as pilot in command of an airplane, meets the requirements of §51.195(b), and has logged at least 25 hours of pilot

- in

- command flight time in the make and model of airplane; and (4) The pilot

- in

- command and the instructor have determined the flight can be conducted safely. (c) No person may

operate a civil aircraft in simulated instrument flight unless

- (1) The other control seat is occupied by a s afety pilot who possesses at least a private pilot certificate with category

and class ratings appropriate to the aircraft being flown. (2) The safety pilot has adequate vision forward and to each side of the aircraft, or a competent observer in the aircraft adequately supplements the vision of the safety pilot; and(3) Except in the case of lighter

-than

- air aircraft, that aircraft is equipped with fully

functioning dual controls. H owever simulated instrument flight may b e conducted in a single

- engine airplane, equipped with a single, functioning throwover control wheel, in place of fixed, dual controls of the elevator and ailerons, when

- (i) The safety pilot has determined that the flight can be conducted safely; and (ii) The person manipulating the controls has at least a private pilot certificate with appropriate category

and class ratings. (d) No Person may

operate a civil aircraft that is being used for a flight test for an airplane transport pilot certificate or a class or ty pe rating on the certificate, or for a part 121 proficiency

f light test, unless the pilot seated at the controls, other than the pilot being checked, is fully

qualified to act as pilot in command of the aircraft.

Section 91.103 provides that no person may operate a civil aircraft (except a manned fee balloon) that is being used for flight instruction unless that aircraft has fully f unctioning dual controls. sUASs and remotely

p iloted aircraft, by

their design do not have fully f unctional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communi cations. The FAA has approved exemptions for flight training without fully

f unctional dual controls for a number of aircraft and for flight instruction in experimental aircraft. S ee Exemptions nos.5778K & 9862A. The equivalent level of safety provided b y the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.

**14 C.F.R. §**  **91.119: Minimum safe altitudes**
Except when necessary

f or takeoff or landing, no person may operate an aircraft below the following altitudes: (a) Any where. An altitude allowing, if a power unit fails, an emergency l anding without undue hazard to persons or property on the surface. (b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly

o f persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populate d areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight

- shift

- control aircraft. If the operation is conducted without hazard to persons or property on the surface

— (1) A helicopter may

b e operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and (2) A powered parachute or weight

- shift

- control aircraft may b e operated at less than theminimums prescribed in paragraph (c) of this section.

Section 91.119 establishes safe altitudes for operation of civil aircraft. S ection 91.119(d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescrib ed for helicopters by the FAA. A s this ex emption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400’ AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. A s set forth herein, the UAS will never operate at higher than 400 AGL . Compared to flight operations with aircraft or rotorcraft weighing far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500’ AGL other industries. In addition, the low

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

UAS operations and the operations of conventional aircraft that must comply with Section 91.119.
**§91.121 Altimeter settings.**  (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may

b e, by reference to an altimeter that is set, when operating

— (1) Below 18,000 feet MSL, to

— (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure; or (2) At or above 18,000 feet MSL , to 29.92 ′′ Hg. (b) The lowest usable flight level is determined by the atmospheric pressure in the area of operation as shown in the following table:
**Curr ent**  **a l** **timeter setting**  **Lo we**  **st u**  **sa bl** **e fligh** **t l** **e v** **e l**  29.92 (or higher) 180 29.91 through 29.42 185 29.41 through 28.92 190 28.91 through 28.42 195 28.41 through 27.92 200 27.91 through 27.42 205 27.41 through 26.92 210 (c) To convert minimum altitude prescribed under §§91.119 and 91.177 to the minimum flight level, the pilot shall take the flight level equivalent of the minimum altitude in feet and addthe appropriate number of feet specified below, according to the current reported altimeter

setting: (d) **C u**  **rr ent**  **a l** **timeter setting**  **Adj ustment**  **facto r**  29.92 (or higher) None 29.91 through 29.42 500 29.41 through 28.92 1,000 28.91 through 28.42 1,500 28.41 through 27.92 2,000 27.91 through 27.42 2,500 27.41 through 26.92 3,000 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.” A s the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may b e needed. An equivalent level of safety will be achieved by

the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.**14 C.F.R. § 91.151(a): Fuel**  **Requirements for Flight in VFR Conditions**

(a) No person may

b egin 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 cr uising speed

— (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly

after that for at least 45 minutes. (b) No person may

b egin a flight in a rotorcraft 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, to fly after that for at least 20 minutes. Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery

p owering the sUAS provides approximately 4 0 minutes of powered flight. To meet the 30

- minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately

10 minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a long er time frame for flight in daylight or night VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly c ontrolled area where only p eople 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 ty pe of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety c an be achieved by

l imiting flights to 30 minutes or 25% of battery power whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywh ere in its limited operating area. S imilar exemptions have been granted to other operations, including Exemption 2689F, 5745, 10673, and 10808.**14 C.F.R. § 91.203 (a)(1) & (b): Civil Aircraft: Certifications required**

(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. Each U.S. airworthiness certificate used to comply

with this subparagraph (except a special flight permit, a cop y of the applicable operations specifications issued under §21.197(c) of this chapter, appropriate sections of the air carrier manual required by parts 121 and 135 of this chapter containing that portion of the operations specifications issued under §21.197(c), or an authorization under §91.611) must have on it the registration number assigned to the aircraft under part 47 of this chapter. However, the airworthiness certificate need not have on it an assigned special identification number before 10 days after that number is first affixed to the aircraft. A revised airworthiness certificate having on it an assigned special identification number, that has been affixed to an aircraft, may only b e obtained upon application to an FAA Flight Standards district office. (2) An effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft Registration Application as provided for in §47.31(c), or a registration certification issued under the laws of a foreign country

. (b) No person may

operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. (c) No person may

operate an aircraft with a fuel tank installed within the passenger compartment or a baggage compartment unless the installation was accomplished pursuant to part 43 of this chapter, and a copy of FAA Form 337 authorizing that installation is on board the aircraft. (d) No person may

operate a civil airplane (domestic or foreign) into or out of an airport in the United States unless it complies with the fuel venting and exhaust emissions requirements of part 34 of this chapter. The UAS fully

loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability

or place to carry

c ertification and registration documents or to display them on the sUAS. An equivalent level of safety will be achieved by

keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regul ation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9816A, and 10700. **14 C.F.R. §91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections §91.405 Maintenance required.**  Each owner or operator of an aircraft

— (a) 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;(b) Shal l ensure that maintenance personnel make appropriate entries in the aircraft maintenance

records indicating the aircraft has been approved for return to service; (c) Shall have any

inoperative instrument or item of equipment, permitted to be inoperative by §9 1.213(d)(2) of this part, repaired, replaced, removed, or inspected at the next required inspection; and (d) When listed discrepancies include inoperative instruments or equipment, shall ensure that a placard has been installed as required b y §43.11 of this chapter. **§91.407 Operations after maintenance, preventive maintenance, rebuilding, or alteration.** (a) No person may

operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

— (1) It has been approved for return to service by a p erson authorized under §43.7 of this chapter; and (2) The maintenance record entry required by

§ 43.9 or §43.11, as applicable, of this chapter has been made. (b) No person may

c arry any

p erson (other than crewmemb ers) in an aircraft that has been maintained, rebuilt, or altered in a manner that may have appreciably changed its flight characteristics or substantially affected its operation in flight until an appropriately rated pilot with at least a private pilot certificate flies the aircraft, makes an operational check of the maintenance performed or alteration made, and logs the flight in the aircraft records. (c) The aircraft does not have to be flown as required by paragraph (b) of this section if, prior to flight, ground tests, inspection, or both show conclusively that the maintenance, preventive maintenance, rebuilding, or alteration has not appreciably changed the flight characteristics or substantially

affected the flight operation of the aircraft. **§91.409 Insp ections.**  (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

— (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service b y a person authorized by §43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.
No inspection performed under paragraph (b) of this section may b e substituted for any inspection required by

this paragraph unless it is performed by a p erson authorized to perform annual inspections and is entered as an “annual” inspection in the required maintenance records. (b) Except as provided in paragraph (c) of this section, no person may operate an aircraft carrying any person (other than a crewmember) for hire, and no person may give flight instruction for hire in an aircraft which that person provides, unless within the preceding 100 hours of time in service the aircraft has receive d an annual or 100

-hour inspection and been approved for return to service in accordance with part 43 of this chapter or has received an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. The 100

-hour limitation may b e exceeded by

not more than 10 hours while en route to reach a place where the inspection can be done. The excess time used to reach a placewhere the inspection can be done must be included in computing the next 100 hours of time

in service. (c) Paragraphs (a) and (b) of this section do not apply to

— (1) An aircraft that carries a special flight permit, a current experimental certificate, or a light

- sport or provisional airworthiness certificate; (2) An aircraft inspected in accordance with an approve d aircraft inspection program under part 125 or 135 of this chapter and so identified by the registration number in the operations specifications of the certificate holder having the approved inspection program; (3) An aircraft subject to the requirements of paragraph (d) or (e) of this section; or (4) Turbine

-powered rotorcraft when the operator elects to inspect that rotorcraft in accordance with paragraph (e) of this section. (d) Progressive inspection. Each registered owner or operator of an aircraft desiring to use a progressive inspection program must submit a written request to the FAA Flight Standards district office having jurisdiction over the area in which the applicant is located, and shall provide

— (1) A certificated mechanic holding an inspection authorization, a certificated airframe repair station, or the manufacturer of the aircraft to supervise or conduct the progressive inspection; (2) A current inspection procedures manual available and readily understandable to pilot and maintenance personnel containing, in detail

— (i) An explanation of the progressive inspection, including the continuity o f inspection responsibility, the making of reports, and the keeping of records and technical reference material; (ii) An inspection schedule, specifying the intervals in hours or days when routine and detailed inspections will be performed and including instructions for exceeding an inspection interval by

not more than 10 hours while en route and for changing an inspection interval because of service experience; (iii) Sample routine and detailed inspection forms and instructions for their use; and (iv) Sample reports and records and instructions for their use; (3) Enough housing and equipment for necessary disassembly

and proper inspection of the aircraft; and (4) Appropriate current technical information for the aircraft. The frequency

and detail of the progressive inspection shall provide for the complete inspection of the aircraft within each 12 calendar months and be consistent with the manufacturer's recommendations, field service experience, and the kind of operation in which the aircraft is engaged. The progressive inspection schedule must ensure that the aircraft, at all times, will be airworthy and will conform to all applicable FAA aircraft specifications, ty

pe certificate data sheets, airworthiness directives, and other approved data. If the progressive inspection is discontinued, the owner or operator shall immediately notify the local FAA Flight Standards district office, in writing, of the discontinuance. After the discontinuance, the first annual inspection under §91.409(a)(1) is due within 12 calendar months after the last complete inspection of the aircraft under the progressive inspection. The 100

-hour inspection under §91.409(b) is due within 100 hours after that complete inspection. A complete inspection of the aircraft, for the purpose of determining when the annual and 100

-hour inspections are due, requires a detailed inspection of the aircraft and all its components in accordance with the progressive inspection. A routine inspection of theaircraft and a detailed inspection of several components is not considered to be a complete

inspection. (e) Large airplanes (to which part 125 is not applicable), turbojet multiengine airplanes, turbopropeller

-

powered multiengine airplanes, and turbine

- powered rotorcraft. No person may operate a large airplane, turbojet multiengine airplane, turbopropeller

-powered multiengine airplane, or turbine

-powered rotorcraft unless the replacement times for life

limited parts specified in the aircraft specificati ons, ty pe data sheets, or other documents approved by

the Administrator are complied with and the airplane or turbine

-powered rotorcraft, including the airframe, engines, propellers, rotors, appliances, survival equipment, and emergency

e quipment, is inspe cted in accordance with an inspection program selected under the provisions of paragraph (f) of this section, except that, the owner or operator of a turbine

-powered rotorcraft may e lect to use the inspection provisions of §91.409(a), (b), (c), or (d) in l ieu of an inspection option of §91.409(f). (f) Selection of inspection program under paragraph (e) of this section. The registered owner or operator of each airplane or turbine

-powered rotorcraft described in paragraph (e) of this section must select, identif y in the aircraft maintenance records, and use one of the following programs for the inspection of the aircraft: (1) A continuous airworthiness inspection program that is part of a continuous airworthiness maintenance program currently in use by a p erson holding an air carrier operating certificate or an operating certificate issued under part 121 or 135 of this chapter and operating that make and model aircraft under part 121 of this chapter or operating that make and model under part 135 of this chapter and maintaining it under §135.411(a)(2) of this chapter. (2) An approved aircraft inspection program approved under §135.419 of this chapter and currently in use by

a p erson holding an operating certificate issued under part 135 of this chapter. (3) A current inspection program recommended by the manufacturer. (4) Any other inspection program established by the registered owner or operator of that airplane or turbine

-powered rotorcraft and approved by the Administrator under paragraph (g) of this section. However, the Administrator may require revision of this inspection program in accordance with the provisions of §91.415. Each operator shall include in the selected program the name and address of the person responsible for scheduling the inspections required by the pro gram and make a cop y of that program available to the person performing inspections on the aircraft and, upon request, to the Administrator. (g) Inspection program approved under paragraph (e) of this section. Each operator of an airplane or turbine

-powered rotorcraft desiring to establish or change an approved inspection program under paragraph (f)(4) of this section must submit the program for approval to the local FAA Flight Standards district office having jurisdiction over the area in which the aircraft i s based. The program must be in writing and include at least the following information: (1) Instructions and procedures for the conduct of inspections for the particular make and model airplane or turbine

-powered rotorcraft, including necessary tests and checks. The instructions and procedures must set forth in detail the parts and areas of the airframe,engines, propellers, rotors, and appliances, including survival and emergency e quipment required to be inspected. (2) A schedule for performing the inspections that must be performed under the program expressed in terms of the time in service, calendar time, number of system operations, or any combination of these. (h) Changes from one inspection program to another. When an operator changes from one inspection program under paragraph (f) of this section to another, the time in service, calendar times, or cycles of operation accumulated under the previous program must be applied in determining inspection due times under the new program. **§91.417 Maintenance Records.** (a) Exc ept for work performed in accordance with §§91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records c ontaining the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by

the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by §43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 ye ar after the work is performed. (2) The rec ords specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under §43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.(c) The owner or operator shall make all maintenance records required to be kept by this section available for inspection by the Administrator or any authorized representative of the National Transportation Safety Board (NTSB). In addition, the owner or operator shall present Form 337 described in paragraph (d) of this section for inspection upon request of any l aw enforcement officer. (d) When a fuel tank is installed within the passenger compartment or a baggage compartment pursuant to part 43 of this chapter, a cop y of FAA Form 337 shall be kept on board the modified aircraft b y the owner or operator. These 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 the applicant. The operator pursuant to the flight manual and operating handbook will acc omplish maintenance. An equivalent level of safety will be achieved because these small UASs are very l imited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise the UAS can land immediately

and will be operating from no higher than 400 feet AGL. As provided in the Manual, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performe d. Moreover, 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.

********* Pursuant to 14 C.F.R. Part 11, the following summary i s provided for publication in the Federal Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b); 91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a);91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less). Approval of exemptions allowing commercial operations of sUASs, will enhance safety by reducing risk. Conventional operations, using jet or piston power aircraft, operate at extremely low altitudes just feet from the subjects being filmed and in extreme proximity to people and structures and present the risks ass ociated with vehicles that weigh in the neighborhood of 4,000lbs, carrying large amounts of jet A or other fuel. Such aircraft must fly to and from the operational location. Inc ontrast, a sUAS weighing fewer than 55 lbs. and powered by b atteries eliminate s virtually

all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the operation site and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights.The operation of small UASs, weighting 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 exempting 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 conducted with turbine helicopters operating in close proximity to the ground and people. **Privacy** All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Filming will be of people who have also consented to being filmed or otherwise have agreed to be in the area where filming will take place. The grant of this exemption request will provide improved safety in both day and night operations. 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 exemption s allowing commercial operation of applicant’s UAS. 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 s ight and national security

– provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant’s sUAS in our clients’ specified industries. Sincerely,

________________________ Christopher Schoensee

President/CEO Paragon Flight Training Co.