### Ironclad Construction and Holding Company ’s Petition Seeking Exemption from Various

Aviation Regulations for Purposes of Operating Unmanned Aircraft Systems

Docket:______________

Petitioner

Ironclad Construction and Holding Company, LLC 3707 Delachaise Street New Orleans, LA 70125 Consultant for Petitioner

Paul Pritchett Unmanned System Services, LLC 3707 Delachaise Street New Orleans, LA 70125 (504) 249

- 8870 paul.pritchett1@yahoo.com1

Summary

Ironclad Construction and Holding Company, LLC (hereinafter “petitioner”) seeks exemption from the requirements found in 14 C.F.R. §§ 45.25(b)(2), 45.23(b), 45.27(a), 91.9(b)(2), 61.113(a), 61.113(b), 91.7(a), 91.203(a)(1), 91.203(b), 91.121(a)(1)(iii), 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a), 91.417(b), 91.103(b)(1), 91.109(a), 91.119(c), 91.105

. These exemptions will allow petitioner to operate an unmanned aircraft system (UAS) for commercial purposes within the National Airspace System (NAS)

. The petit ioner intends to utilize a UAS for the purposes of a erial data collection, landscape and infrastructure inspections, patrollin g and monitoring, application of pesticides, fertilizers, paint, or similar substances, infrastructure maintenance, closed

- set mot ion picture and television filming

, UAS training, and research and development. In order to facilitate the agency’s review specific reference to previously granted exemptions that are similar or identical to the petitioner’s requests have
been made where applicable . Because the exemptions requested herein are substantially similar to those granted previously the petitioner requests an expedited review process.

UAS Makes and Models

The petitioner requests exemptions to commercially operate the follow ing small unmanned aerial
vehicle ( s ) (sUAV) makes and models in the NAS:

sUAV Make and Model Prior Exemptions Granted

DJI Phantom 3 Professional Exemption s : 11944, 13022

The operation manual for each sUAV listed is included by reference in this petition. These manuals will
be incorporated into petitioner’s UAS Operations Manual which is submitted sepa rately as confidential
material

.

Basis for Petition

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ( Reform Act) and 14 C.F.R. §
11.61 (b), petitioner seeks exemption from the requirements found in 14 C.F.R. §§ 45.25(b)(2), 45.23(b), 45.27(a), 91.9(b)(2), 61.113(a), 61.113(b), 91.7(a), 91.203(a) (1), 91.203(b), 91.121(a)(1)(iii), 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a), 91.417(b), 91.103(b)(1), 91.109(a), 91.119(c), 91.105

. The operations described within this petition qualify for expedited approval under Section 333 of the
Refor m Act as they satisfy the statutory criteria and FAA guidelines . The proposed operations would permit the use of sUAVs under controlled conditions in airspace that: (1) is limited; (2) is predetermined; (3) does not present risk to the public; and (4) wou ld provide an increased level of safety beyond that existing when manned aircraft are used to accomplish the same objective. In order to comply with these four objectives the petitioner intends to implement and agrees to be bound by the following
restrict ions and procedures when conducting commercial operations under an FAA issued exemption:2

1. sUAV s , including payload, will weigh less than 55 pounds.
2. s UA V s will be operated at altitudes no greater than 400 feet above ground level (AGL) as measured from the surface of the earth in the immediate area

. Altitudes will not be measured from any platform or structures elevated above the natural surface of the earth.
3. Altitudes will be reported to air traffic control (ATC) in feet AGL when repo rting is required.

4. s UA V s will be flown at ground speeds not to exceed manufacturer’s recommendations and never to exceed 87 knots (100 miles per hour).

5. sUA V flights will be conducted within visibility and cloud clearance requirements equivalent to the visual flight rules (VFR).
6. sUAV flights will not be conducted at night as defined in 14 C.F .R. §1.1

. 7. Petitioner will not operate a s UAV under this exemption wit hin 5 nautical miles (NM) of an airport having an operational control tower, within 3 NM of an airport with a published instrument flight procedure but without an operational control tower, within 2 NM of an airport without a published instrument flight pr ocedure or operational control tower, or within 2 NM of a heliport with a published instrument flight procedure. If operations in these airspaces are required the relevant controlling agency will be notified no less than 24 hours prior to such operations and, if required, permission from the agency will be obtained prior to conducting the operations.
8. Flights will be operated in Class G airspace whenever possible. If operations in airspace other than Class G airspace are required the relevant controlling agency will be notified no less than 24 hours prior to such operations and, if required, permission from the agency will be obtained prior to conducting the operations.
9. UAS flights over land will not be operated from any moving vehicle or contrivance. UA S flights conducted over water may be operated from a moving waterborne vessel.
10. sUAV s will be operated within the visual line of sight (VLOS) of the Pilot in Command ( PIC ) at all
times. When a flight is to be conducted in an area having obstacles preventi ng the PIC from maintaining VLOS on the sUAV the sUAV may leave the PIC’s VLOS as long as it is within the
VLOS of one or more visual observers ( VO s) who are assist ing the PIC. However, a VO will not be used to extend the range of an operation beyond the maximum VLOS a PIC would be capable of

. A PIC will not use any device other than prescription corrective lenses to extend the VLOS
distance.

11. If a VO is utilized, the VO and the PIC must be able to communicate verbally for the duration of the flight . Verbal communication can be aided by electronic or other means, but in no cases will

non

- verbal methods, such as texting, be utilized. A VO will perform no duties other than assisting the PIC in detecting and avoiding other aircraft, obstacles, people, or property.
12. The PIC will operate only one sUAV at any given time. A VO may perform duties for only one PIC at any given time.
13. The sUAV will always remain clear of, and yield the right of way to all manned users of the NAS.

14. Flights conducted over federal or state managed lands will be coordinated with the agency charged with administering those lands.
15. Flights will be operated no closer than 500 feet to persons not involved in UAS flight or filming operations. This distance may be reduced to 200 fe et if a non

- participating person provides3

prior consent and safety would not be adversely affected. These restrictions do not apply if the

non

- participating pe ople are located inside of a structure or barrier that will completely shield them from injury i n the event of an accident.
16. All components of the UAS will be inspected by the PIC for correct and safe function p rior to commencing each flight . These components may vary by flight and include, but are not limited to: the sUAV, G round C ontrol S tations (G CS)

, autopilot systems, and systems for communicating
with VOs. Any conditions that an inspection reveals as unsafe will be corrected prior to initiating flight.

17. In the event that the PIC loses the ability to communicate with the sUAV, or the sUAV is

na vigating via GPS signal and loses the signal, the sUAV will land immediately or return to and
land in a predetermined position within the boundaries established for the flight.
18. The PIC will not commence flight operations unless the UAS can comp lete the pr oposed flight
with enough power to sustain flight for at least 5 additional minutes.
19. Should any unpredicted obstacles, adverse weather, or any other unanticipated conditions arise that necessitate a reevaluation of the UAS operation, the PIC will cease o perations until such a reevaluation can be performed.

PIC & VO Qualifications & Training

20. The PIC of the UAS will hold an airline transport, commercial, private, recreational, or sport pilot
certificate. The PIC will also hold either a current FAA airman medical certificate or a valid driver’s license issued by a U.S. state, territory, possession, or the federal government.

21. The PIC will meet the recent flight experience requirements la id out in 14 C.F.R. §61.57 by completing three or more takeoffs and landings with the same make and model sUAV within 90 days preceding a commercial flight and will meet the flight review requirements stated in 14 C.F.R. §61.56 for any aircraft for which t he PIC is rated.
22. The PIC will complete a sUAV training program designed and administered by the petitioner. This training program is detailed in petitioner’s UAS Operations Manual

. All training completed under the petitioner’s training program will be logged in a manner consistent with 14 C.F.R. §61.51.
23. In addition to the flight review requirements stated in 14 C.F.R. §61.56, the PIC will complete the petitioner’s flight proficie ncy test at the same frequency required by 14 C.F.R. §61.56 for each sUAV which the PIC will operate under this exemption. These flight proficiency tests will be logged in a manner consistent with 14 C.F.R. §61.51. This test is detailed in petitioner’s U AS Operations Manual

. 24. A VO will complete a VO training program implemented and administered by the petitioner. This training program is detailed in petitioner’s UAS Operations Manual . All training completed under the petitioner’s training program will be logged in a manner consistent with 14 C.F.R. §61.51.4

Other Regulations

25. Documents required by 14 C.F.R. §91.9 and 14 C.F.R. §91.203 will be available to the PIC at the GCS of the UAS whenever the aircraft is in operation. These documents will be made available to the Administrator or any law enforcement official upon request.
26. Prior to commencing flight operations the radio frequency spectrum used for operation and control of the sUAV will comply with Federal Communication Commission (FCC) and other

app ropriate requirements.
27. All aircraft operated under this exemption will be registered in accordance with 14 C.F.R. part 47, and have identification markings (N

- Number) in accordance with 14 C.F.R. part 45, subpart C. These markings will be as large as prac ticable.

Logs/maintenance

28. Maintenance and inspection will be performed according to requirements and suggestions contained within the UAS manufacturer’s operating manuals and other literature. Should the manufacturer fail to specify procedures or timeta bles for maintenance and inspection the petitioner will formulate these requirements so as to conform to industry customs.
29. A Flight and Maintenance Log (F ML) documenting all flights, maintenance activities, inspections, repairs, and alterations will be maintained for each UAS.
30. A functional flight test will be conducted after any maintenance or alterations to the UAS by a
PIC

. The PIC conducting these tests will enter the m into the FML.
31. Any maintenance, repairs, or alterations that materially change the operation or flight
characteristics of a UAS will be reviewed prior to implementation to ensure that the system will continue to comply with this exemption

. Petitioner’s U AS Operations Manual will be updated to
reflect these modifications. If a modification will cause a UAS to become non

- compliant with this exemption an amendment to the exemption will be requested from the FAA prior to commercially operating the UAS in tha t configuration.

Specific Exemptions Sought by Petitioner

Pursuant to Section 333 of the Reform Act

, petitioner seeks exemption from the requirements found in 14 C.F.R. §§ 45.25(b)(2), 45.23(b), 45.27(a), 91.9(b)(2), 61.113(a), 61.113(b), 91.7(a), 91.20 3(a)(1), 91.203(b), 91.121(a)(1)(iii), 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a), 91.417(b), 91.103(b)(1), 91.109(a), 91.119(c), 91.105

.

1. 14 C.F.R. §§ 45.25(b ) (2)
, 45.23(b)
, and 45.27(a)

– Location of Aircraft Markings
Section 45.25(b)(2) provides (emphasis added):

(b)(2) The marks required by paragraph (a) of this section must be displayed as follows: If displayed on the fuselage surfaces, horizontally on both sides of the fuselage between the trailing edge of the wing and the leading edge of the horizontal stabilizer

.5

Section 45.23(b) provides (emphasis added):

(b) When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

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

- sport, ” “experimental,” or “provisional,” as applicable.

Section 45.27(a) provides (emphasis added ):

(a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks re quired by § 45.23.

To the extent that Sections 45.25(b)(2), 45.23(b), and 45.27(a) may be deemed to apply to any sUAV described in this petition, the petitioner seeks an exemption because the sUAV is of insufficient size and configuration to accommodate s uch markings. There will not be enough distance between the trailing edge of the wing and the leading edge of the horizontal stabilizer on the small fixed

- wing aircraft described in this petition to confine a marking that is “as large as practicable,” as detailed in Section
45.29 (f) . The described fixed wing sUAV also has no cabin, cockpit, or pilot station near which to place the markings described in Section 45.23(b), nor is the aircraft large enough to accommodate lettering that is two inches or large r. Finally, any rotorcraft sUAVs described in this petition are of insufficient size to meet the marking requirements in Section 45.27(a). A level of safety equivalent to that required by these regulations can be obtained by marking the sUAV with letteri ng that is as large as practicable on the largest surface available so as to permit the markings to be displayed while the aircraft is on the ground and airborne. The FAA has issued a number of similar exemptions. See Exemption Nos. 8738, 10700, and 1157 8.

2. 14 C.F.R. §91.9(b)(2)

– Aircraft Flight Manual in the Aircraft

Section 91.9(b)(2) provides (emphasis added):

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

- registered civil aircraft

-- for which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, app roved manual material, markings, and placards, or any combination thereof.

The petitioner seeks an exemption from Section 91.9(b)(2) because the aircraft described in this application are not large enough to place a flight manual onboard. A level of safe ty equivalent to that required by this regulation can be obtained by keeping the flight manual at the GCS where the PIC will
have immediate access to it. The FAA has issued a number of similar exemptions . See Exemption Nos. 8738, 9565, and 10700

.6

3. 14 C.F.R. §§ 61.113(a) and (b)

– Private Pilot Privileges and Limitations

Section s 61.113(a) and (b) provide (emphasis added):

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in co mmand of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

When read together Section s 61.11 3(a) and (b) prohibit a private pilot from con ducting commercial operations. The petitioner seeks an exemption from these sections because the commercial operations that petitioner is proposing will not carry a pilot, passengers, or property (other than c ameras or other small sensory equipment). Because of the small size, weight, speed, and proposed operating environment the risks that Part 61 seeks to limit are not present in the aircraft or operations described in this petition. As such, a level of saf ety equivalent to that required by this regulation can be obtained by requiring that a UAS PIC operate the UAS in accordance with the limitations provided herein while holding an airline transport, commercial, private, recreational, or sport pilot certific ate. The FAA has issued a number of similar exemptions. See Exemption Nos. 11062, 11160, 11284, and 11578

.

4. 14 C.F.R. § §91.7(a), 91.203(a) (1) and (b)

– Civil Aircraft Airworthiness

Section 91.7(a) provides:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

Section 91.203(a)(1) provides (emphasis added):

(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

. . . .

Section 91.203(b) provides:

(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.7

The petitioner seeks an exempt ion from these section s because there is no FAA standard by which such
a determination of airworthiness can be made. Because no determination of airworthiness can be made no airworthy certificates can be obtained or displayed. A level of safety equ ivalent to that required by
these regulation s can be obtained by complying with UAS operator and maintenance manuals , flight safety checklists, and the limitations outli ned in this petition.

5. 14 C.F.R. §91.121(a)(1)(iii)

– Altimeter Settings

Section 91.121(a)(1)(iii) provides:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference t o an altimeter that is set, when operating

— (1) Below 18,000 feet MSL, to

— (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.

Section 91.121(a) (1)(iii) requires persons operating an aircraft to maintain altitude by reference to an altimeter set to the elevation of the departure airport. Conventional aircraft are provided altitude data by a barometric altimeter set to local barometric pressure wh ich causes the altitude to be reported relative to mean sea level. The petitioner seeks an exemption from this section because the aircraft described herein will be limited to flight elevations of no more than 400 feet AGL . As such, setting the
onboard a ltimeter (barometric , laser, gps, etc. ) to an elevation of zero when the aircraft is on the ground prior to takeoff will cause the altitude to be reported as AGL which will provide more utility to the PIC. A level of safety equivalent to that required by this regulation can be obtained by allowing the aircraft’s onboard altimeter to be configured to report the altitude as AGL immediately prior to commencing a flight. The FAA has issued a number of similar exemptions. See Exemption Nos. 11062, 11063, 1106 5,
and 11578.

6. 14 C.F.R. §91.151

– Fuel Requirements for Flight in VFR Conditions

Section 91.151 provides (emphasis added):

(a) No person may begin 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. (b) No person may begin a fli ght in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes

.8

The aircr aft described in this petition are operated in an unmanned configuration and will not begin a flight with a person in the aircraft as the regulation contemplates. To the extent that the regulation applies t o the sUAVs described herein the petitioner seeks an exemption. The regulation is written based on the capabilities of manned aircraft which have the ability to maintain flight for several hours. The majority of sUAV’s have flight times of an hour or less. As such, the regulation will make it difficul t, if not impossible for a majority of these aircraft to operate. An equivalent level of safety can be obtained by requiring that no flight will be commenced unless the UAS can complete the proposed flight with enough remaining power to sustain flight for at least 5 additional minutes. A 5 minute flight time buffer would allow even the slowest aircraft described in this petition to cover nearly a mile during the buffer period. Given that sUAV will be required to operate within the PIC’s VLOS at all times , the 5 minute buffer is more than sufficient time for the aircraft to return to the planned landing area from anywhere in the operational area. The FAA has issued a number of similar exemptions. See Exemption Nos. 8811, 10673, and 10808.

7. 14 C.F.R. §§ 91 .405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b)

– Maintenance Inspections

Section 91.405 (a) provide s :

Each o wner or operator of an aircraft (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required i nspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter;

Section 91.407(a)(1) provides:

(a) No person may operate any aircraft that has undergone maintenance, preventive mainte nance, rebuilding, or alteration unless

— (1) It has been approved for return to service by a person authorized under§ 43.7 of this chapter;
and

Section 91.409(a)(2) provides:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

— (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

Section s 91.417(a) and (b) provide:

(a) Except for work performed in a ccordance with§§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each9

aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The
records must include

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

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of al l items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft an d its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive invo lves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by§ 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) Th e owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is perfor med. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with
the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under§ 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

Part 43 and these sections apply only to aircraft with airworthiness certificates. Given that sUAV s described in this petition will not operate with an airworthi ness certificate exemption from these sections is required. An equivalent level of safety can be obtained by requiring that inspections and maintenance be performed in accordance with the manufacturer’s recommendations and the procedures outlined in this petition. The FAA has issued a number of similar exemptions. See Exempt ion Nos. 11062, 11063, 11064, 11065.

8. 14 C.F.R. § 91.103(b)(1)

– Preflight Action

Section 91.103(b)(1) provides (emphasis added):

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

— (b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing
distance information: (1) For civil aircraft fo r which an approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required , the takeoff and landing distance data contained therein;10

Section 91.103(b)(1) requires consultation of an approved flight manual to determi ne takeoff and landing distance data. To the extent that this regulation requires a flight manual be approved by the FAA petitioner requests an exemption. Requiring the flight manual for a sUAV to be approved by the
FAA will be a burdensome and time cons uming process to both the petitioner and the FAA. A n equivalent level of safety can be obtained by requiring that the PIC become familiar with the takeoff and landing distances for the sUAV intended to be flown and found in the Petitioner’s UAS Operations Manual prior to beginning a flight.

9. 14 C.F.R. § 91.109 (a)

– Flight Instruction

Section 91.109(a) provides (emphasis added):

(a) No person may operate a civil aircraft (except a manned free balloon) that is being used for flight
instruction unless that a ircraft has fully functioning dual controls . However, instrument flight instruction may be given in an airplane that is equipped with a single, functioning throwover control wheel that controls the elevator and ailerons, in place of fixed, dual controls , w hen

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

The requirement that an aircraft used for training be equipped with a dual control system or a
throwover control wheel system is meant to allow control of a manned aircraft to easily be switched
between an instructor and the trainee. The flight control system for a sUAV consists of a control interface that is operated from a ground based location and communicates with and controls the sUAV through a radio signal. Given that the controls of the sUAVs des cribed in this petition are not located on
the aircraft petitioner requests an exemption from the requirement that a sUAV used for training purposes be equipped with a dual control system or a throwover control wheel system . The small, portable nature of control interfaces used to operate the described sUAVs provides an equivalent level of safety because they can easily be handed back and forth between an instructor and a trainee. The FAA has issued a number of similar exemptions. See Exemption Nos. 110 62, 11065, 11066, 11067A.

10. 14 C.F.R. § 91.119(c)

– Minimum Safe Altitudes

Section 91.119(c) provides:

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.11

The petitioner requests an exemption to sectio n §91.119(c) because commercial sUAV operations have
thus far been restricted to altitudes below 400 feet. The size, weight, speed, and limitations on operation described within this petition will provide an equivalent level of safety. The FAA has issued a number of similar exemptions. See Exemption Nos. 11062, 11065, 11066, 11067A.

11. 14 C.F.R. § 91.105

– Flight crewmembers at stations

Section 91.105 provides (emphasis added):

(a) During takeoff and landing, and while en route, each required flight cre wmember shall

— (1) Be at the crewmember station unless the absence is necessary to perform duties in connection with the operation of the aircraft or in connection with physiological needs; and (2) Keep the safety belt fastened while at the crewmember stat ion. (b) Each required flight crewmember of a U.S.

- registered civil aircraft shall, during takeoff and landing, keep his or her shoulder harness fastened while at his or her assigned duty station. This paragraph does not apply if

— (1) The seat at the crewm ember's station is not equipped with a shoulder harness; or (2) The crewmember would be unable to perform required duties with the shoulder harness
fastened.

Section 91.105 generally stipulates that crewmembers aboard an aircraft must take certain actions while
an aircraft i s taking off, landing, or is en route to its destination. Given that the sUAVs described in this petition will not have any crewmembers aboard pe titioner requests an exemption from the requirements placed on crewmembers by section 91.105. An equivalent level of safety to the crewmembers will be achieved because they will not be on the aircraft.

Public Interest Benefits for Granting Exemptions

Granting petitioner’s request for exemption would benefit the public in the following ways:

1. The utilization of the sUAVs described in this petition will decrease hazards to the pilot and crew compared to traditional manned aerial operations in the event o f a malfunction or other
unforeseen condition in the aircraft because the pilot and crew will be located on the ground
instead of on the aircraft.
2. The sUAVs for which exemptions are requested are small in size and weight and decrease the risk of injury to people on the ground compared to traditional large manned aircraft.
3. Because of their small size and operational limitations sUAVs will cause less environmental impact in terms of noise and air pollution. Traditional manned aircraft usually must take off a nd land at locations that are remote from where their services are required. This increased flight time, along with the size and weight of the aircraft results in the emission of noise and air pollution that is in excess of what would be created by a smal l, lightweight aircraft that can take off and land at the location where it is required. The sUAVs described in this petition can take12

off and land adjacent to the location where they are required, and they are small and lightweight. As such, their use w ill cause less noise and air pollution than traditional manned flight operations.

4. The utilization of the sUAVs described in this petition will provide numerous economic benefits to the public. Currently, sUAVs are less expensive to operate than a traditio nal manned aircraft from both a capital and operational standpoint. Additionally, the sUAVs described in this petition can be employed in areas that are too small or dangerous for a manned aircraft to

enter. Because sUAVs can be operated in a more cost e ffective manner and can be used to perform operations that manned aircraft cannot significant economic activity, which is beneficial to the public, will likely be generated by granting this petition.

5. The use of sUAVs described in this petition will provide occupational safety benefits. Currently, there are many occupations that require people to work at significant elevation s above the ground. Many of these activities, such as roof or bridge inspection, could be satisfactorily performed by the sUAVs in th is petition. Utilization of sUAVs to complete these tasks would reduce the need to put people in these risky positions. Such a change would be beneficial to the public.
6. Lastly, utilizing sUAVs will reduce burdens to the NAS . The sUAVs described herein w ill not require a runway or helipad to take off or land and will not be operated within the proximity of any airports. They will also be operated at altitudes of no more than 400 feet AGL. As a result, fewer flights will need to be handled by ATC than if a traditional manned aircraft was required
to be utilized.

Federal Register Publication

Petitioner requests that a summary of this petition not be published in the Federal Register because the requested exemption would not set a precedent, and any dela y in acting on this petition would be detrimental to the petitioner. Should it be determined that publication is necessary t he following summary is provided for publication in the Federal Register :

Petitioner seeks exemption from the requirements found in 14 C.F.R. §§ 45.25(b)(2), 45.23(b), 45.27(a), 91.9(b)(2), 61.113(a), 61.113(b), 91.7(a), 91.203(a)(1), 91.203(b), 91.121(a)(1)(iii), 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a), 91.417(b), 91.103(b)(1), 91.109(a), 91.119(c), and 91.105

. Ap proval of these exemptions will allow petitioner to commercially operate small unmanned aerial
vehicles in the National Airspace system. P etitioner intends to utilize the small unmanned aerial vehicles for the purposes of aerial data collection, landscape and infrastructure inspections, patrolling and monitoring, application of pesticides, fertilizers, paint, or similar substances, infrastructure maintenance,
closed

- set motion picture and television fil ming, UAS training , and research and development. Granting of the requested exemptions will increase safety, reduce risks to people and property on the ground, reduce the need for Air Traffic Control handling, decrease noise and air pollution, and provide economic benefits.

Confidential Documents13

This petition references documents that the petitioner considers to contain confidential business information and trade secrets. As such, petitioner requests that any documents marked as
“CONFIDENTIAL TREATM ENT REQUESTED” be protected from public disclosure in accordance with 14 C.F.R. §413.9 and 5 U.S.C. §552(b)(4). These documents include petitioner’s UAS Operations Manual and operation manuals for each sUAV and will be submitted under separate cover.

Conclusion

As set forth above, petitioner seeks exemptions pursuant to 14 C.F.R. § 11.61 (b) and Section 333 of the FAA Modernization and Reform Act of 2012 in order to commercially operate a DJI Phantom 3
Professional . By granting this Petition, the FAA will be fulfilling the Congressional mandate of Section 333 of the FAA Modernization and Reform Act of 2012 to expedite approval of certain unmanned aerial systems to operate in the National Airspace System. Accordingly, petitioner respectfully requests that the Administrator grant this Petition for exemption from the requirements of 14 C.F.R. §§ 45.25(b)(2), 45.23(b), 45.27(a), 91.9(b)(2), 61.113(a), 61.113(b), 91.7(a), 91.203(a)(1), 91.203(b), 91.121(a)(1)(iii), 91.151, 91.405(a), 91.407(a)(1), 91.409(a) (2), 91.417(a), 91.417(b), 91.103(b)(1), 91.109(a), 91.119(c),
and 91.105

.

Dated: March 9 , 2016 Respectfully submitted,

Unmanned System Services, LLC

/s/ Paul Pritchett Paul Pritchett

Unmanned System Services, LLC 3707 Delachaise Street New Orleans, L A 70125 (504) 249

- 8870 paul.pritchett1@yahoo.com

Consultant for Petitioner