July 28

, 2015

Exemption No. 12180 Regulatory Docket No. FAA

– 20 15

– 1734

Mr. Brian Blair Strix Imaging LLC 1311 Rouge River R oa d Fernley, NV 89408

Dear Mr. Blair :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated M ay 6, 2015 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Strix Imaging LLC ( hereinafter petitioner or operator ) for an exemption . The petit ioner requested to operate an unmanned ai rcraft system (UAS) to conduct precision aerial survey ing

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and

the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airw orthiness Certification

The UAS proposed by the petitioner is a Swift Radioplanes Lynx

.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the2

aircraft and its operation, the Secre tary of Transportation has determined that this aircraft

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from

14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

, and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather t han a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesti ng an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Strix Imaging LLC is granted an exemption from

14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations lis ted below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, Strix Imaging LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the Swift Radioplanes Lynx when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petit ion or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

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

aircraft manufacturer.

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

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLO S) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all document s needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS opera tions and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed.4

Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and r evised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any up date or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conduc ting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue h azard to persons and property.

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

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

- flight inspection and determine the

UAS is in a con dition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g.

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

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for t he aircraft and

aircraft components.

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

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a
state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the fligh t revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be5

operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged i n a manner consistent with

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During

traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

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

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as

denoted in th e current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current

FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

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

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- acces s property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

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

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucte d in accordance with an ATO

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

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification6

(N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure th e safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating.

These documents must be made available to the Admin istrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and

activities at all times.

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensurin g the safety of nonparticipating persons ; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property w ith permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that tran sgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported

to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTS B) per instructions

contained on the NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditi ons and limitations apply.7

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities

must include at least the f ollowing:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;

d. Make, model, and ser ial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list o f those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.8

This exemption termin ates on July 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

Enclosures6 MAY 2015

Strix Imaging LLC 1311 Rouge River Rd Fernley, NV 89408 (775) 302

- 9118

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act of 2012

Attachment: 1) Lynx User Manual

2) Lynx Checklis

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Ac t of 2012 and 14 CFR Par 11, Strix Imaging LLC, a small Unmanned Aircraft System (sUAS) imaging service provider, hereby applies for an exempti on from the listed Federal Aviation Regulations (FARs) to allow commercial operation of sUAS for precision aerial survey, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as requir ed by Section 333.

As detailed in this document and the attached Swift Radioplanes Lynx UAS Operator s Manual, the requested exemption would permit the operation of sUAS under controlled conditions in airspace that is 1) limited, 2) predetermined, 3) cont rolled as to access and 4) would provide safety enhancements to the already best practices safety protocols followed by Strix Imaging. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s responsibilities t o “...establish requirement for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) Reform Act.

The name and address of the applicant is:

Strix Imaging LLC

ATTN: Brian Blair 1311 Rouge River Rd Fernley, NV 89408

775

- 302

- 9118

bbtele@hotmail.com

Regulations from which the exemption is requested:

14 CFR Part 21 14 CFR 45.23(b) 14 CFR 61.113(a) & (b) 14 CFR 91.7(a) 14 CFR 91.9(b)(2)

14 CFR 91.10314 CFR 91.109

14 CFR 91.121 14 CFR 91.151(a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405(a) 14 CFR 407(a)(1) 14 CFR 409(a)(2) 14 CFR 417(a) & (b)

AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including 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 regulat ion 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 USC §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR 91.203(a)(1).

Secti on 333(b) of the Reform Act assists the Secretary in determining whether sUASs may operate in the national airspace system without creating a hazard to the user, the public, or a threat to national security. In making this determination, the Secretary mus t consider:

 The sUASs’ 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 populated areas and away from close proximity to airports.

Reform Act 333(a). If the Secretary determines that a sUAS “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. 333(c).

The Swift Rad ioplane Lynx UAS is a fixed

- wing aircraft weighing eight (8) pounds, including payload. It has the ability to operate under normal conditions at a speed of no more than 35 miles per hour. It is equipped with a single propeller driven by an electric motor powered by a lithium polymer battery and has a wingspan of 7.5 feet and a length 4 feet . The sUAS will operate only in the pilot’s or visual observer’s visual line of sight at all times. Such operations will insure that the sUAS will “not create a

hazar d to users of the national airspace system or the public.” Reform Act Section 333(b).

Given the small size of the sUAS involved and the restricted environment within which they will operate, our application falls squarely within the zone of safety (an equ ivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence immediately. Also due to the small size of the UAS and the low altitudes in which our sUAS will operate, approval of th e application presents no national security issue.

DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness certificatesSubpart H, establishes the procedural requirements for the issuance of airworthiness certificates as

required by FAR §91.203(a)(1). Given the size and limited operating area associated with the aircraft to be utilized by Strix Imaging LLC, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of th e Reform Act. The Federal Aviation Act (49 USC §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 capabil ity and proximity to airports and populated areas of the particular sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restriced environment and under the conditions proposed, will be at least as safe, or safer, than a conventional aircraft operating with an airworthiness certificate without the restriction and conditions proposed.

14 CFR 45.23(b): Marking of the aircraft

This regulation requires that certain experimental, pr ovisionally certified aircraft, or light

- soport category aircraft to be marked with letters between 2 inches and 6 inches high “limited, “restricted”, “light

- sport”, “experimental”, or “provisional”, near each entrance to a cabin, cockpit or pilot station.

Even though the UAS will have no airworthiness certificate, and exemption may be needed as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word “experimental” can be placed. Given the size of the sUAS, 2

- inch lettering will be impossible. Strix Imaging LLC will mark the sUAS with the organization’s name and address. An insurance barcode attached to the aircraft will also

be linked to Strix Imaging LLC. If applicable, the word “restricted” will be displayed on the fus elage between the leading edge of the wind and the nose section of the (Insert UAV).

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

Sections 61.113(a) and (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 completed a UAS flight training course of 100 hours before flying a sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living things or cargo on board. The area of operation is controlled and restricted, and all flight are planned and coordinated in adva nce as set forth in the Operator Manual. The risks associated with the operation of the small UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of

the sUAS as requested exceeds the present level of safety achieved by 14 CFR 61.113(a) and (b).

14 CFR 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 Operator Manual for maintenance and use of safety checklists prior to each flight an equivalent level of safety will be provided.

14 CFR 91.9(b)(2): Civil aircraft flight manual, marking and placard requirements

The sUAS, given its size and configuration has no ability or place to car ry such as 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 User Manual at the gro und control point

where the pilot flying the sUAS will have immediate access to it.

14 CFR 91.103: Preflight action

This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement as the pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all other actions in the Operator Manual and safety checkl ists. These actions will provide an equivalent level of safety.

14 CFR 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 the air craft has fully functioning dual controls.

By design, sUASs and remotely piloted aircraft do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio

communicat ions. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the sUAS via radio signals from the controller and by the size and speed of the aircraft.

14 CFR 91.1 19: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. The sUAS will never operate at altitude higher than 500 AGL and all operations will occur during daylight hours under Visual Meteorological Conditions ( VMC) only.

The equivalent level of safety will be achieved given the size, weight and speed of the sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or

local officials. Because advance notice to the property owner and any onsite personnel, as well as the precautions outlined below, all affected individuals will be aware of the planned flight operations.

Flight operations will be conducted at least 500 feet from all non

- participating pe rsons (persons other than the pilot in command (PIC) or visual observer (VO)), vessels, vehicles and structures, unless:

1. Barriers or structures are present that sufficiently protect non

- participating persons from debris

in the event of an accident. The PIC will ensure that non

- participating persons remain under such protection. If a situation arises where non

- participatin g persons leave such protection and are within 500 feet of the sUAS, flight operations will cease immediately and/or;

2. The aircraft is operated near vessels, vehicles or structures where the land owner/controller has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and;

3. Operations near the PIC or VO do not present an undue hazard to the PIC or VO, per 14 CFR 91.119(a).

The sUAS will remain within visual line of sight of the PIC or VO. Fli ght operations will be conducted at least 5 miles from an airport and at least 3 miles from any city or densely populated area. The PIC or VO will provide notification to the local Flight Standards District Office and airport controller of alloperations w ithin 5 miles of an airport. The FAA will have advance notice of all operations through the

filing of notices

- to

- airmen.

Compared to flight operations with aircraft or rotorcraft weighing far more than the sUAS proposed herein and carrying flammable fuel , any risk associated with our operations is far less than those presently presented with helicopters and other conventional aircraft operating at or below 500 feet AGL. In addition, the low

- altitude operations of the sUAS will ensure separation between th ese UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 CFR 91.121: Altimeter Settings

This regulation requires each person operating the aircraft to maintain cruising altitude by reference to an

altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the PIC confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

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

Section 91.151(a) outlines fuel requirements for beginni ng a flight in VFR conditions. Our sUAS is limited to operations in controlled environments and has a limited flight time which require an exemption
from 14 CFR 91.151(a).

The battery powering the sUAS provides approximately 180 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR 91.151, sUAS flights would be limited to approximately 150 minutes in length. Given the limitations on the sUAS’s proposed flight area and the location of its proposed operations within a predetermined a rea, a longer time frame for flight in daylight VFR

conditions is reasonable.

An equivalent level of safety can be achieved by limiting flights to 160 minutes, or enough battery reserve to ensure that the sUAS lands at the ground station with at least 20% of battery power (as determined by the onboard monitoring system and the PIC), whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration

The sUAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. Therefore, there is no ability or place to carry certification and registration documents or to di splay 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.

14 CFR 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 inparagraph (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 aircr aft with an airworthiness certificate, these sections will not apply to Unmanned Experts. Maintenance will be accomplished by the operator pursuant to the Operator Manual. An equivalent level of safety will be achieved because these sUASs are very

limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise, the sUAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Operator Manual, t he operator will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance and keep a log of any 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 of safety.

PUBLIC INTEREST

Approval of exemptions allowing commercial operations of sUASs for precision aerial surveys enhances safety while reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the

craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighing eigh t (8) pounds and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with ma nned aircraft flights.

Conducting aerial surveys with the Swift Radioplanes Lynx UAS , instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial survey flig ht operations. By using battery power and an electric motor, the Lynx UAS produces no air pollution and is a viable, environmentally conscious alternative to the cabin class, six cylinder internal combustion twin engine aircraft that are typically utilized for aerial surveys, while burning approximately

20

- 30 gallons per hour of leaded aviation fuel. The Lynx UAS , while reducing the carbon footprint of aerial surveys, also reduces noise pollution as the sUAS is propelled by battery powered electric motor

ra ther than an internal combustion engine.

EQUIVALENT LEVEL OF SAFETY

Strix Imaging LLC proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate within the limitations listed herein. These limitati ons provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe protocols followed by aerial survey operations con ducted with helicopters and other conventional aircraft.

Strix Imaging LLC will be bound by the following limitations when conducting its sUAS operations under an FAA issued exemption:

1. The sUAS will weigh less than nine (9) pounds. 2. Flights will b e operated within line of sight of a pilot and/or observer. 3. Maximum total flight time for each operational flight will be 150 minutes. Flights will be terminated at 20% battery power reserve should that occur prior to the 150 minute limit. 4. Flights will be operated at an altitude of no more than 500 feet AGL.5. Flight operations will be conducted 5 miles from an airport and at least 3 miles from any city or

densely populated area, which are depicted in yellow on VFR sectional charts. 6. Flight ope rations within 5 miles of an airport require notification and approval from the local Flight Standards District Office and airport controller. 7. Flight operations will occur during daylight hours and under visual meteorological conditions only. 8. The FAA will have advance notice of all operations through the filing of notices

- to

- airmen. 9. Minimum crew for each operation will consist of the sUAS pilot and visual observer. 10. The sUAS pilot will be an FAA licensed airman with at least a privat e pilot’s certificate and

third class medical. 11. The pilot and visual observer will have been trained in the operation of the sUAS. 12. The pilot and visual observer will at all times be able to communicate by voice and/or text.

13. Written and/or ora l permission from the relevant property holders will be obtained. 14. Flight operations will be conducted at least 500 feet from all non

- participating persons,
vessels, vehicles and structures unless:

a. Barriers or structures are present that sufficient ly protect non

- participating persons from debris in the event of an accident. The pilot will ensure that non

- participating persons remain under such protection. If a situation arises where non

- participating persons leave such protection and are within 500 feet of the sUAS, flight operations will cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the land owner/controller has granted permission and the PIC has made a safety assessment of the risk of operating clo ser to those objects and; c. Operations near the pilot or visual observer do not present an undue hazard to the pilot

or visual observer. 15. If the sUAS loses communication or loses its GPS signal, the sUAS will have the capability to
return to a safe, pre

- determined location and land. 16. The sUAS will have the capability to abort flight in case of unpredicted obstacles or emergencies.

PRIVACY

All flights will occur over private or controlled access property with the property owner’s prior consent

an d knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise have agreed to be in the area where aerial photography will take place.

Federal Register Summary

Mr. Brian Blair, Strix Imaging LLC, 1311 Rouge River Rd , Fernley, NV 89408, petitioned the FAA on

behalf of Strix Imaging LLC for an exemption from part 21 and §§ 45.23(b), 61.113(a) and (b), 91.7(a),
91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2),

417 (a) and (b) of Title 14, Code of the Federal Regulations (14 CFR). The exemption would allow commercial operation of Swift Radioplanes Lynx small Unmanned Aircraft Systems (sUASs) for precision aerial surveys.

**********Satisfaction of the criteria prov ided in Section 333 of the Reform Act of 2012

– size, weight, speed,

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

– provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of Strix Imagining LLC sUAS for precision aerial surveys.

Sincerely,

Brian Blair

Strix Imaging LLC