1



### Ply**obotics Unmanned System Solutions LLC**  November 5, 2015 U.S. DepartmentofTransportation Docket ManagementSystem 1200 New JerseyAve., SE Washington, DC20590 Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 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) & (b); 91.405 (a); 91.407(a) (1); 91.409(a) (2); 91.417(a) & (b). Dear Siror Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, Plyobotics Unmanned Systems Solutions hereby applies for an exemption from the listed Federal Aviation Regulations ("FAR") to allow commercial operation of its small UAV’s, so long as such operations are conducted within and under the conditions outlined herein oras may be established by the FAA as required by Section 333
. Plyobotics Unmanned Systems Solutions plans to offer video inspection, photogrammetry, photography, and research and design servicesforcommercial purposes initially including: 1) Aerial Mapping in construction and mining industries. 2) Building and infrastructure inspections including, but not limited to, bridges, towers, solarfarms, pipelines and power lines. 3) Commercial video production for the advertising, marketing and real estate industries. 4) Data collection for commercial and academic development
. Where towers and solar panel farms are concerned, Plyobotics Unmanned Systems Solutions will be operating within airspace previously reviewed by the FAA for the construction ofthe tower therefore the airspace ofthe controlled operations area creates no additional hazard to the national airspace. Approval of this exemption would therefore create no safety concerns regarding national airspace and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "
... establish requirements for the safe operation ofsuch aircraft systems in the national airspace system." Section 333(c) ofthe Reform Act. Plyobotics Unmanned System Solutions (Plyobotics) was founded in 2015 as minority owned company with half of its managing officers being US veterans. Plyobotics currently has a qualified commercial pilot, technicians, and a full service engineering staff. Plyobotics’ employees collectively boast many decades of military and civilian experience in aviation, communications, and logistics in the most demanding environments. The name and address ofthe applicant is: **Plyobotics Unmanned Systems Solutions** Attn: Blair Bigcas Email:blair@plyobotics.com Telephone: (858) 610-6899 2400 6th Avenue, Unit 802 San Diego, CA 921012

Regulationsfrom which the exemption is requested: 14 C.F.R. Part 21 14 C
.F
.R. 45
.23 (b) 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 14 C
.F.R. 91.119 14 C
.F
.R. 91
.121 14 C.F.R. 91
.151 (a) 14 C.F.R. 91
.203 (a) & (b) 14 C.F.R. 91.405 (a) 14 C.F.R. 407 (a) (1) 14 C.F.R. 409 (a) (2) 14 C.F.R. 417 (a) & (b) This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act. This law directs the Secretary ofTransportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which types of UAV do not create a hazard to users of the NAS or the public or pose a threat to national security in light ofthe following:

• The small UAV size, weight, speed, and operational capability; • Operation ofthe small UAV in close proximityto airports and populated areas; and • Operation ofthe small UAVwithin visual line ofsight ofthe operator Reform Act§ 333(a). Lastly, if the Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements forthe safe operation of such aircraft in the national airspace system." Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, butforthe Administratorto craft conditions forthe safe operation ofthe 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 exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §401 01 ofthe Act that includes UAV, from the requirement that all civil aircraft must have a currentairworthiness certificate
. 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 §44711(a); 49 USC §44704; 14 CFR §91
.203(a) (1)
. Plyobotics’ UAV’s consist of manufacturer built 4 engine multirotor craft, weighing 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 small controlled area described in the Confidential Operations Procedures, attached as Exhibit A (hereinafter "Procedures") Such operations will insure that the UAV will "not create a hazard to users ofthe national airspace system orthe public.'' Applicant submits this Procedure as a Confidential and Proprietary document under 14 CFR 11
.35 (b) as the entire Procedures contains proprietary information that the applicant has not and will not share with others. The Procedures contains operating conditions and procedures that are not available to the public and are protected from release under the Freedom of Information Act 5 USC 552 et.seq
. Given the small size of the UAV’s involved and the restricted controlled environment within which they will operate, the applicant falls3

squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UAV’s to commence immediately. Also due to the size ofthe UAV’s and the controlled areas in which the relevant UAV’s will operate, approval of the application presents no national security issue
. Given the following, the grant of the requested exemptions is clearly in the public interest:
 Clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended
.  The level of safety surrounding the proposed operations that implement the use of HD and thermal imagining, and the significant public benefit
.  Innovative reductions in physical dangers ofpersonnel climbing towers (e.g., thermal imaging of active wasp/hornet nests, electrical “hot spots”...) and/or the use of highrise heavy equipment thus reduced emissions associated with allowing UAV’s operations. Accordingly, the applicant respectfully requests that the FAA grant the requested exemption withoutdelay
. AIRCRAFTAND EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein
. These limitations provide for an exceptional level of safety to operations. These limitations and conditions to which Plyobotics Unmanned Systems Solutions agrees to be bound when conducting commercial operations underan FAA issued exemption include: 1. The UAVwill weigh less than 55 lbs. 2. Flights will be operated within line ofsight ofoperator. 3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated at 15% battery power reserve should that occur priorto the 30 minute limit. 4. Flights will be operated at an altitude of no more than 400 feetAGL
. 5. UAV operator will be trained and certified in the proper safety and operations of the UAV. 6. The UAVwill only operate within a controlled area as defined in the Procedures
. 7. The operatorwill post advisor notice around the controlled area. 8. Operator will have been trained in operation of UAV generally and received up-to-date information on the particular UAV to be operated as required. 9. If the UAV loses communications or loses its GPS signal, the UAS will have capabilityto return to a pre-determined location within the Security Perimeterand land
. 10. The UAV will have the capability to abort a flight in case of unpredicted obstacles or emergencies. **14 C.F.R.**  **Part 21,**  **Subpart H:**  **Airworthiness Certificates**  **14 C.F.R.**  **§91.203 (a)**  **(1)** Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR §91
.203 (a) (1)
. Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAV
. In all cases, an analysis of these criteria demonstrates that the UAV operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing4

or rotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed
. The UAV’s to be operated hereunder is less than 55 lbs
. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a controlled area as set out in the Procedures
. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator, pursuant to the Procedures requirements
. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAV, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inabilityto carry a substantial external load. **14 C.F.R.**  **§91.7(a): Civil**  **aircraft airworthiness.**  The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the Procedures for maintenance and use of safety checklists prior to each flight, an equivalent level of safety will be provided. **14 C.F.R.**  **§ 91.9**  **(b) (2):**  **Civil Aircraft**  **Flight Manual**  **in the**  **Aircraft.** Section 91
.9(b) (2) provides: No person may operate a U.S.-registered civil aircraft... (2) Forwhich an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, orany combination thereof. The UAV, 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 capacityto carry such an item on the aircraft
. The equivalent level of safety will be maintained by keeping the flight manual at the ground control pointwhere the operatorflying the UAVwill have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos
. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700
. **14 C.F.R.**  **§ 91.103:**  **Preflight action**  This regulation requires each operatorto 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
. An equivalent level of safety will be provided as set forth in Procedures. The operator will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. **14 C.F.R.**  **§91.109: Flight**  **instruction :**  Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.5

UAV’s and remotely piloted aircraft, by their design do not have fullyfunctional dual controls
. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications
. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft
. See Exemption Nos.5778K & 9862A. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft
. **14 C.F** **. R.**  **§91.119: Minimum**  **safe altitudes**  Section 91.119 establishes safe altitudes for operation of civil aircraft
. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a UAV that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, an exemption may be needed to allow such operations. As set forth herein, except for the limited conditions stated in the Procedures, the UAV will neveroperate at higherthan 400 AGL. The equivalent level of safety will be achieved given the size, weight, and speed ofthe UAV as well as the location where it is operated. In addition, the low-altitude operations of the UAV will ensure separation between these small-UAS operations and the operations of conventional aircraftthat must complywith 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 UAV may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed
. An equivalent level of safety will be achieved by the operator, pursuant to the Procedures and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicatorbeforeflight. **14 C.F.R.**  **§ 91.151(a):**  **Fuel Requirements**  **for Flight**  **in VFR**  **Conditions** Section 91
.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed - (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes
." The battery powering the UAV provides approximately40 minutes of powered flight. To meet the 30-minute reserve requirement in 14 CFR §91
.151, UAV flights would be limited to approximately 10 minutes in length
. Given the limitations on the UAV's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame forflight in daylight or nightVFR 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 controlled area, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91

.151(a) was intended to alleviate given the size and speed of the small UAS
. Additionally, limiting UAV flights to 10 minutes would greatly reduce the utility forwhich the exemption will6

be granted
. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 15% of battery power whichever happens first. This restriction would be more than adequate to return the UAV to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, 10808, and 12120. **14 C.F.R.**  **§91.203 (a)**  **and (b):**  **Carrying Civil**  **Aircraft Certification**  **and Registration**  The regulation provides in pertinent part: (a) Except as provided in § 91
.715, no person may operate a civil aircraft unless it has within itthe following: (1) An appropriate and currentairworthiness certificate. (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. The UAV fully loaded weighs no more than 55 lbs. and is operated without an on board pilot. As such, there is no ability or place to carry certification and registration documents or to displaythem on the UAV. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the operatorflying the UAV will have immediate access to them, to the extent they are applicable to the UAV
. The FAA has issued numerous exemptions to this regulation
. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. **14 C.F.R.**  **§91.405 (a);**  **407 (a)**  **(1); 409**  (a) **(2); 417(a)**  **& (b):**  **Maintenance Inspections**  These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E 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 Part43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. The operator will accomplish maintenance pursuant to the flight manual and operating handbook as referenced in the Procedures. An equivalent level of safety will be achieved because these UAV’s are very limited in size and will carry a small payload and operate only in controlled areas for limited periods of time. If mechanical issues arise the UAV can land immediately and will be operating from no higher than 400 feet AGL
. As provided in the Procedures, the operator will ensure that the UAV is in working order prior to initiating flight, perform required maintenance, and keep a log ofany maintenance performed
. 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 ofsafety
. Pursuant to 14 C.F
.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicantseeks an exemption from the following rules:7

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 (551bs or less) for the purpose of inspection, monitoring, mapping and photographing attached equipmentand engineering studies involving communication tower operations. Approval of exemptions allowing commercial operations of UAV’s will create a level of safety by reducing risk
. Conventional tower structure inspections and associated tasks involve extreme risks to personnel physically climbing such structures and/or utilizing high rise equipment both of which create numerous and extreme risk to such personnel. In contrast, a UAVweighing fewer than 55 lbs. and powered by batteries eliminates virtually all ofthat risk. The UAV will carry no passengers or crew and, therefore, will not expose personnel to any ofthe risks described above. The operation of small UAV’s, weighing less than 55 lbs
., conducted in the strict conditions outlined above, will provide a 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 controlled environment. **Privacy** All flights will occur over private or controlled access property with the property owner's prior consent and knowledge
. The granting of this exemption request will provide innovative safety 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 ofthe requested exemptions allowing commercial operation of applicant's UAV in and pursuanttothe Procedures appended hereto
. Respectfully, Blair Bigcas, Chief Executive Officer Plyobotics Unmanned Systems Solutions