Albany

Atlanta

Brussels

Denver

Los Angeles

Miami

New York 1676 International Drive • Penthouse McLean, VA 22102
Tel: 703.336.8800 mckennalong.com Northern Virginia

Orange County

Rancho Santa Fe

San Diego

San Francisco

Seoul

Washington, DC

Mark E. McKinnon

703.336.8708
Matthew J. Clark

703.336.8714 Email Address mmckinnon@mckennalong.com mclark@mckennalong.com

June 15

, 2015

To Whom it May Concern:

Pursuant to Section 333 of the FAA Moderni zation and Reform Act of 2012 (Reform

Act ) and 14 C.F.R. Part 11, Flares & Stacks, Inc. (Flares & Stacks ) hereby applies for a Grant of Exemption from the Federal Aviation Regulations (FARs ) identified below, to operate small unmanned aerial vehicles ( i.e., small unmanned aircraft systems or UAS ) for the purpose of conducting aerial data collection in suppor t of industrial infrastructure inspection and

maintenance activities

. Flares & Stacks respectfully submits that this Petition for Exemption qualifies for expedited approval, as the Federal Aviation Administration ( FAA ) has previously issued grants of exem ption in circumstances similar in all material respects to those presented

herein.

In addition to this Petition for Exemption, Flares & Stacks will also submit the following operating documents under separate cover :

 Flares & Stacks Operations Manual

 DJI WooKong FCS Manual

 Bergen Octocopter Manual

Flares & Stacks submits this manual as confidential documents under separate cover pursuant to 14 C.F.R. § 11.35(b), as the m anual contain s confidential commercial and pr oprietary

information that is not general ly made available to the public

. As a result, the information is also protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq. U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of Flares & Stacks, Inc. for Grant of Exemption Pursuant to Section 333

of the FAA Modernization and Reform Act of 2012U.S. Department of Transportation

June 15 , 2015 Page 1

For your convenience, this Petition is organized as follows:

T ABLE OF C ONTENTS

Page

I. B ACKGROUND & D ESCRIPTION OF P ETITIONER

................................ ................................ .... 2

II. D ESCRIPTION OF P ROPOSED O PERATION

................................ ................................ ............... 2

III. R ELEVANT S TATUTORY A UTHORITY

................................ ................................ .................... 3

IV. F LARES & S TACKS ' P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF
S ECTION 333 OF THE R EFORM A CT

................................ ................................ ....................... 3

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

................................ ................................ ............................. 4

B. Approval is Warranted Based on the Operational Restrictions in Flares & Stacks' Operating Documents

................................ ................................ .................. 5

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

................................ ........................... 5

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marki ng and Identification Requirements

................................ ................................ ................................ ........... 6

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

................................ ................................ .......................... 7

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private, Recreational and Sport Pilot Medical Certificate, Privileges and

Limitations

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

D. 91.7(a): Civil Aircraft Airworthiness

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

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203( a) and (b): Carrying Civil Aircraft Certification and Registration

................................ ..... 9

F. 91.103: Preflight Action

................................ ................................ ......................... 10

G. 91.109(a): Flight Instruction

................................ ................................ .................. 10

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas

.............. 11

I. 91.121: Altimeter Settings

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

J. 91.151(a): Fuel Requirements for Flight in VFR Condition s

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

VI. D RUG AND A LCOHOL P ROGRAM

................................ ................................ ......................... 13

VII. P UBLIC I NTEREST

................................ ................................ ................................ ................ 13

VIII. P RIVACY

................................ ................................ ................................ ............................. 13

IX. F EDERAL R EGISTER S UMMARY

................................ ................................ ........................... 14

X. C ONCLUSION

................................ ................................ ................................ ....................... 14U.S. Department of Transportation

June 15 , 2015 Page 2

I. B ACKGROUND & D ESCRIPTION OF P ETITIONER

Flares & Stacks Inc. is known throughout the industry as a pioneer of inspection technology. Our research & development department has broken barriers in nearly all areas of industrial equipment inspection.

At the forefront of our cutting

- edg e inspection technology is our r emotely

- operated Multirotor aircraft. This piece of equipment allows for safe aerial inspections, while producing clear, high

- resolution pictures

.

Flares & Stacks will inspect any elevated structure using state of the a rt photography equipment and a remote controlled m ultirotor UAS

. This system is both safer and more economical than performing the same work by either sending a man aloft or busing a helicopter of fixed wing aircraft.

In accordance with 14 C.F.R. § 11.81(a), Flares & Stacks provides the following information in support of its Petition for Exemption.

The contact information for Petitioner is as follows:

Luke Light

Flares and Sta cks, Inc.

12697 Johnson Rd.
Conroe, Texas 77302 Office: (281) 356

- 1408

Fax: (281) 356

- 7640

email: flaresandstacks@aol.com

II. D ESCRIPTION OF P ROPOSED O PERATION

Flares & Stacks seeks an exemption pursuant to Section 333 of the Reform Act to use the Bergen Octocopter for aerial data collection in support of its industrial infrastructure inspection and maintenance operations.

Flares & Stacks is committed to maintaining the high est standards of flight safety , and will leverage its knowledge and experience gained conducting industrial infrastructure inspection and maintenance to ensure the safe operation of all aircraft. All UAS operations will be performed in accordance with the accompanying F lares & Stacks operating documents, and in

accordance with the requirements of an applicable COA. Among other things, and as detailed in the operating documents, all UAS operations w ill occur in uncontrolled airspace, within visual

line

- of

- sight (VLOS) of the pilot and visual observer, and will be limited to daytime VFRU.S. Department of Transportation

June 15 , 2015 Page 3

conditions. Moreover, Flares & Stacks' operating documents incorporate redundant safeguards to enhance safety.

The proposed operations in this Petition for Exemption are not new or novel to the FAA. The FAA has previous ly issued grants of exemption to use small UAS for aerial data collection in support of similar inspection, survey and aerial imaging activities: See e .g. ,

 Exemption No. 11761 to Dronair Solutions for utility and industrial infrastructure inspections (Docket No. FAA

- 2015

- 0648 );

 Exemption No. 11 156 to Total Safety US for flare stack and other industrial infrastructure inspection (Docket No. FAA

- 2015

- 0648);

The low

- risk UAS operations proposed by Flares & Stacks in this Petition for Exemption fall squarely within the category of aerial data collection that has been subject to previous approval

.

III. R ELEVANT S TATUTORY A UTHORITY

This Petition f

or Exemption is submitted pursuant to Section 333(a) through (c) of the

Reform Act

. Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the

Re form Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the NAS where it is safe to do so based on the following considerations:

 The UAS's size, weight, speed and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's safety regulations and minimum standards when the Adm inistrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702

– 44716, et seq. ). A party requesting a n 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). See 14 C.F.R. § 11.81 (petitions fo r exemption).

IV. F LARES & S TACKS ' P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF S ECTION 333 OF THE R EFORM A CT

F lares & S tacks proposed operations in this Petition for Exemption qualify for expedited approval under Section 333 of the Reform Act, as each of the statutory criteria andU.S. Department of Transportation

June 15 , 2015 Page 4

relevant factors are satisfied and the FAA has previously issued grants of exemption in

circumstan ces similar to those presented in this Petition for Exemption.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

The Bergen Octocopter meet s the requirements of Section 333 of the Reform Act due to

its weight, speed and operational capabilities

. It is a battery operated aircraft with eight motors

a nd a gross take

- off weight of 22 pounds. It has a maximum airspeed of 33 knots , and a

maximum rate of climb of 17 meters per second

. The vehicle has a maximum span of 53 inches from rotor tip to rotor tip.

The veh icle employs a DJ I Wookong

- M f light control system that provides for safe operation. The flight system provides position and altitude lock in windy conditions. This permits p recise hovering and stability. In addition, the controller comes with both an automatic

and manual return

- to

- home feature to efficiently deal with unexpected flight contingencies. The system's en hanced fail

- safe ensure s that the multi

- rotor will hover automatically if it loses RC signal. After losing the signal for a certain time period, the device will calculate the safest way

to return the vehicle to the home position. The vehicle will hover over the GPS start point and land automatically.

The system also provides Intelligent Orientat ion Control (IOC) . This allows the controller to give commands to the vehicle based on its direction from the controller and is independent of the orientation of the vehicle . This prevents the pilot from inadvertently issuing flight commands in direction s different from the one intended. Finally, the controller provides the ability to customize two levels of low battery warning to provide adequate time to terminate the flight with an enhanced level of safety.

The Bergen Octocopter used by Flares & Stacks has common characteristics with other UAS approved for use in previous Section 333 Grants of Exemption, including:

 The Bergen Octocopter weigh s less than 55 pounds in cluding payload;

 It has the capability to operate safely after experiencing cer tain in

- flight contingencies or

failures , including the failure of one of its eight motors, and it employs a an auto

- pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss

of GPS or a lost

- link event with a pre

- coordi nated, predictable, automated flight

maneuver. These safety features provide an equivalent level of safety compared to a manned aircraft performing a similar operation and mitigate the risk of command and

control link failures ;

 The radio frequencies used for operations and control of the UAS comply with the Federal Communications Commission (FCC) and other appropriate governmen t oversight

agency requirements ; andU.S. Department of Transportation

June 15 , 2015 Page 5

 The UAS all operate at a speed of 87 knots or less.

B. Approval is Warranted Based on the Op erational Restrictions in Flares &

Stacks ' Operating Documents

The operating documents for the selected UAS contain all the procedures and limitations necessary to safely and successfully perform the proposed operations. To expedite the FAA's safety assessment of Flares & Stacks' proposed UAS operations, Flares & Stacks has tailored its operating documents to comply with the condition s and limitations imposed on similarly situated petitioners seeking to use small UAS for aerial data collection. See e. g., Grant of Exemption No. 11761 issued to Dronair Solutions, Docket No. FAA

- 2015

- 0648. In particular, the operating documents contain systems and procedures to permit Flares & Stacks to comply with the

conditions and limitations in the FAA's Grant of Exem ption. Id.

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

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 § 40101 of the Act, including UAS, from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. 1

Flares & Stacks seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and 91 for purposes of conducting the requested operations using small UAS

, including:

FAR Description 91.9(c); 45.23(b) and 45.27(a) Aircraft Marking and Identification Requirements

91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) and (b) Maintenance and Inspection Requirements

61.23(a) and (c), 61.113 ; 61.101(e)(4) and (5) , 61.315 Private, Recreational and Sport Pilot Medical Certificate, Privileges and Limitations

91.7(a) Civil Aircraft Airworthiness 91.9(b)(2); 91.203(a) and (b) Carrying Aircraft Flight Manual, Certification and Registration in

the Aircraft

91.103 Preflight Action

1 See 49 U.S.C . § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).U.S. Department of Transportation

June 15 , 2015 Page 6

91.109(a) Flight Instruction
91.119(c) Minimum Safe Altitudes Over Other than Congested Areas

91.121 Altimeter Settings
91.151(a) Fuel Requirements for Flight in VFR Conditions

Listed below are the specific sections of 14 C.F.R. for which an exemption is sought, and the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. 2

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

Flares & Stacks seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard Requirements

, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registra tion number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport, "experimental," or "provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft ho rizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In prior grants of exemption under Section 333 of the Reform Act , the FAA determined that exemption from these requirements was warranted provided that the ai rcraft "have

2 See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include:

The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provided by the rule from which you seek exemption.U.S. Department of Transportation

June 15 , 2015 Page 7

identification (N

- Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 3 All UAS flown by Flares & Stacks will bear N

- number markings that are as large as practicable in accordance with 1 4 C.F.R. Part 45, Subpart C. 4

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

Flares & Stacks seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. 5 An exemption from these regulations is needed because Part 43 and these sections only apply to

aircraft with an airw orthiness certificate, which the UAS to be operated under this grant of exemption will not have.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the operating documents and any requi red manufacturer Safety

or Service Bulletins. Further, as required by the operating documents, the Pilot in Co mmand ( PIC ) will conduct a pre

- flight inspection of the UAS and all associated equipment to account for all discrepancies and/or inoperable compon ents. Maintenance will be performed and verified to address any conditions potentially affecting safe operation of the UAS and no flights will occur unless, and until, all flight critical components of the UAS have been found to be airworthy and

in a condi tion safe for operation. A functional test flight will be conducted following the replacement of any flight

- critical components. As required by the operating documents, the PIC who conducts the functional test flight will make an entry in the UAS aircraft records of the flight.

The operating documents also include requirements to follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the air craft and aircraft components. Moreover , the operating documents also include procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul component parts, and the total time in service of Petitioner's UAS

. As a

whole , the maintenance and inspection procedures required by Petitioner's operating documents

ensure that an equivalent or higher level of safety will be achieved.

3 FAA Docket No. FAA

- 2014

- 0352.

4 See, e.g., FAA Docket No. FAA

- 2014

- 0352, at 14.

5 See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescri bed in part 43 of this chapter

. ").U.S. Department of Transportation

June 15 , 2015 Page 8

C. 61.23(a) and (c), 61.113 , 61.101(e)(4) and (5) , 61.315 : Private, Recreational and Sport Pilot Med ical Certificate, Privileges and Limitations

Flares & Stacks seeks exemption from these sections, which restricts private, recreational or sport pilot certificate holders from flying aircraft for compensation or hire, and would also require a Class II Med ical Certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In th is case, while the UAS will be operated as part of a commercial operation, it carries neither passengers

nor cargo.

In the Grant of Exemption No. 11062 to Astraeus Aerial 6 , the FAA determined that the unique characteristics of UAS operation outside of c ontrolled airspace did not warrant the additional cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and Class II Medical Certificate. The fulfillment of the additional requirements for a private pilot to become q ualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved.

More recently, the FAA determined that holders of recreational and sport pilot certificates would also have adequate aeronautical knowledg e to pilot a UAS. Accordingly, because these individuals would also be subject to security screening by the Department of Homeland Security (DHS), the FAA determined that holders of recreational and sport pilot certificates would be qualified to serve as t he PIC for UAS operations. 7

D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, Flares &

Stacks seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition to be operated. While Petitioner’s UAS will not have an airworthiness certificate, the FAA has determined that for the purposes of this exemption the pilot may determine the aircraft is in an airworthy condition prior to flight. The operating documents contain procedures, which allow the PIC to determine whether the aircraft is in a condition safe for flight, and an exemption from § 91.7(a) is ther efore warranted.

6 FAA Docket No. FAA

- 2014

- 0352

.

7 See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA

- 2014

- 0642 at pgs.

8

- 9).U.S. Department of Transportation

June 15 , 2015 Page 9

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry

airworthiness doc uments and other aircraft manuals onboard the aircraft.

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.

- registered civil aircraft

–

... (2) 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, approved manual material, markings, and placards, or any combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section o r 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.

Given the small size and configuration of the UAS, it would be impossible to keep

airworthiness documents and other aircraft manuals on board the UAS because there is simply no room and the UAS has no cabin or cockpit.

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that th e intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certificate, and other required documents from the ground control station from which he or she is operating t he aircraft. 8 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during

8 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation a nd Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.U.S. Department of Transportation

June 15 , 2015 Page 10

flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS. 9

F. 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requ ires a PIC to become familiar with specific information before each flight, including information contained in the

FAA

- approved Flight Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an

FAA

- approved Flight Manual is required.

Adherence to the requirements in the operating documents will ensure that the UAS is in an airworthy condition prior to flight. The PIC will perform a series of checkl ists designed to identify any defects or inoperable components, which cover pre

- flight, take

- off, landing and

post

- flight procedures. The PIC will also be required to review weather, flight requirements

, battery charge, landing and takeoff distance, UA per formance data, and contingency landing

areas

— before initiation of flight. Petitioner's operating documents will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS.

G. 91.109(a): Flight Instruction

Peti tioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that "[n]o 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 c ontrols." UAS and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a device that communicates with the aircraft via radio

communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Given the size and speed of the UAS that Petitioner intends to use, an equivalent level of safe training can still be achieved without dual controls because no pilot or pas sengers are aboard the UAS, and as required by the operating documents, all persons will be a safe distance away in

9 See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11:

The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight manual, marking, and placard requirements and § 91.203(a) and (b): Civil aircraft: Certifications required. The FAA has previously determined that relief from these sections is not necessary. See Exemption No. 11062. Relevant

material s may be kept in a location accessible to the PIC in compliance with the regulations.U.S. Department of Transportation

June 15 , 2015 Page 11

the event that the UAS experiences any difficulties during flight instruction. Moreover, all flight training will be conducted in controlled and sterile environment. As a whole, the procedures provided for in the operating documents ensure that UAS flight instruction can be performed safely.

H. 91.119 ( c) : Minimum Safe Altitudes Over Other Than Congested Areas

Flares & Stacks requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 10 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel,

v ehicle, or structure in non

- congested areas. See 14 C.F.R. § 91.119(c).

An exemption is required because the proposed UAS operations will normally need to

occur below 400 feet AGL. Additionally, due to the nature of the proposed operations, the PIC

and/or Observers may need to be less th an 500 feet away from the UAS. Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel with the UAS, any risk associated with these oper ations is far less than those that presently exist with conventional aircraft.

An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well the controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to below 400 feet AGL

. As set forth in the operating documents , the UAS will be operated in a controlled environment, and all flights will

occur at a lateral dis tance of at least 500 feet from nonparticipating persons, unless that person is in a position where he or she is shielded from the UAS and any possible debris resulting from

UAS failure. Procedures will be in place to ensure f light operations can be safely terminated if a nonparticipating person within 500 feet of the UAS leaves a shielded position. Further, UAS operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller has granted permission and the PIC h as made a safety assessment of the risk of operating closer to those objects

, and operations near the PIC or Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in Flares & Stacks' operating

documents will ensure the proposed operations can be conducted without compromising safety to persons or property on the ground.

10 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be necessary. See e.g ., Grant of Exemption No. 11157 to Slugwear, Inc., dba Likeonatree Aerial at pg. 15 (Docket No. FAA

- 2014

- 0534 ).U.S. Department of Transportation

June 15 , 2015 Page 12

I. 91.121: Altimeter Settings

To the extent necessary for Flares & Stacks to conduct the proposed operations, Petitioner requests an exemption from 14 C. F.R. § 91.121, which requires a person operating an

aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure.

The FAA has stated that an equivalent lev el of safety to the requirements of 14 C.F.R. § 91.121 can be achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS.

The UAS that Petitioner intends to use for performing the proposed operations meet all

these o perational characteristics. Moreover, the operating documents require the PIC to calibrate the aircraft's GPS compass prior to each flight operation. As the FAA has determined in circumstances similar to this Petition for Exemption, Petitioner's UAS and the safety mitigation procedures contained in the operating documents, ensure that an equivalent level of safety will be achieved, and a grant of exemption to the requirements of § 191.121 is therefore appropriate. 11

J. 91.151(a): Fuel Re quirements for Flight in VFR Conditions

Flares & Stacks requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in Visual Flight Rules ( VFR ) conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under V FR 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.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30

- minute battery reserve. An exemption from the fuel requirements o f 14 C.F.R. § 91.151(a) is therefore required

.

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for flight in daytime VFR conditions in circumstances similar to those presented in this Petition forU.S. Department of Transportation

June 15 , 2015 Page 13

Exemption

. 12 In Exemption No. 11213 to Aeryon Labs, Inc. 13 , the FAA determined that a requirements prohibiting the PIC from beginning a UAS flight unless (considering wind and

forec ast weather conditions) there was enough available power for UAS to operate for the

inten ded operational time and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater

, would ensure an equivalent level of safety

to the fuel requirements of § 91.151(a). 14 Petitioner's operating docum ents impose this same requirements and an exemption from § 91.151(a)'s fuel requirements for flight in VFR conditions is therefore appropriate

.

VI. D RUG AND A LCOHOL P ROGRAM

Flares & Stacks has established po licies to ensure that no person may participate in UAS flight operations if they are under the influence of alcohol or any drug.

VII. P UBLIC I NTEREST

The public interest will be served by granting Flares & Stacks ' Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the National Air Space ( NAS ) in controlled, safe working environments such as those proposed in this

Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act

— the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily required rulemaking.

The proposed UAS operations in this Petition fo r Exemption significantly improve safety and reduce risk by alleviating the public's exposure to danger associated with traditional aerial data collection methods, namely, full size fixed

- wing aircraft and rotorcraft. The UAS that Flares

& Stacks intends t o use is light weight , are battery powered, and create no emissions. Moreover, in the unlikely event that one of Petitioner's UAS crash, there is no fuel to ignite and explode. Any accident involving Petitioner's small lightweight UAS will present signifi cantly less danger to the pilot and other individuals on the ground than one involving a full size helicopter.

VIII. P RIVACY

The proposed operations will be conducted in accordance with applicable federal, state, or local laws regarding privacy. Flares & Stack s will not conduct flight operations over property that it does not own or control without the prior consent and knowledge of the property owner.

12 See e.g., Exemption Nos. 8811, 10808, and 10673

.

13 Docket No. FAA

- 2014

- 0642.

14 Exemption No. 11213 at pg. 12.U.S. Department of Transportation

June 15 , 2015 Page 14

IX. F EDERAL R EGISTER S UMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

F EDERAL R EGISTER , should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:

45.23(b); 45.27(a); 61.23(a) and (c); 61.113; 61.101(e)(4) and (5); 61.315; 91.7(a); 91.9(b)(2); 91.9(c); 91.10 3; 91.109(a); 91.119 (b) ; 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the general public and property owners from the substantial hazards associated with using conventional fixed

- wing aircraft or
, rotorcraft for aerial data collection.

X. C ONCLUSION

The proposed operations in this Petition for Exemption satisfy the criteria articulated in

Section 333 of the Reform Act and the FAA has issued grants of exemption in circumstances similar in all respects to those presented b y Flares & Stacks in this Petition for Exemption. In consideration of the foregoing, this Petition for Exemption provides the FAA with all the necessary justification for granting the requested exemptions allowing Flares & Stacks to operate small UAS for the purpose of aerial data collection.

We than k you for your prompt consideration of our requested exemptions. Should you have any questions, or if you need additional information to support the requested exemptions, please do not hesitate to contact us.

Very truly yours,

Ma rk E. McKinnon

Counsel for Flares & Stacks , Inc.