AFS-15-153-E March 20, 2015

Exemption No. 11217 Regulatory Docket No. FAA

− 2014

− 0954

Mr. William V. O’Connor Counsel for Notus Access Group Morrison & Foerster LLP 12531 High Bluff Drive, Suite 100 San Diego, CA 92130

Dear Mr. O’Conner:

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

The Basis for Our Decision

By letter dated November 12, 2014, you petiti oned the Federal Aviation Administration (FAA) on behalf of Notus Access Group (NAG) fo r an exemption from part 21 subpart H, part 27, §§ 45.23(b), 45.27(a), 61.113, 91.7(a) , 91.9(b)(2) and (c), 91.103, 91.109(a), 91.119(c), 91.121, 91.151(a) and (b), 91.203(a) and (b ), 91.405(a), 91.407(a )(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Fe deral Regulations (14 CFR). The exemption would allow the petitioner to operate the In stantEye Mk–2 unmanned aircraft system (UAS) to conduct aerial inspections of wind turbine blades and towers.

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 NAG.

Airworthiness Certification2

The UAS proposed by the petitioner is an Inst antEye Mk–2 rotorcraft in a quad-copter configuration with four propell ers and four electric motors, measuring 10 inches wide, and with a total weight of approximately 1 pound.

Regarding the petitioner’s requested relief from 14 CFR part 21 Certification procedures for products and parts and part 27 Airworthiness Standards, the FAA finds that, based on the limited size, weight, operating conditions, and the imposed conditions and limitations, the petitioner has demonstrated that its operations would not adversel y affect safety compared to similar operations conducted with aircraft that have been issu ed an airworthiness certificate under 14 CFR part 21, subpart H. In accordance w ith the statutory criter ia provided in Section 333 of Public Law 112

− 95 in reference to 49 U.S.C. 44704, a nd in consideration of the size, weight, speed, and limited operati ng area associated w ith the aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the conditions of Section
333.

The Basis for Our Decision

You have requested to use a UAS for aerial photography and inspection. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption Nos. 11062 to Astraeus Aerial ( see Docket No. FAA-2014-0352), 11153 to Burnz Eye View, Inc. ( see Docket No. FAA

− 2014

− 0519), 11157 to Slugwear, Inc. dba Likeonatree Aerial ( see Docket No. FAA

− 2014

− 0534), 11175 to State Farm Mutual Automobile Insurance Company ( see Docket No. FAA

− 2014

− 0846) and 11171 to Asymmetric Technologies, LLC ( see Docket No. FAA-2014-0816) , the FAA found that the enhanced safety achieved using an unmanned airc raft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than 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 re questing an exemption, I find that—

 They are similar in all material respects to relief previously re quested in Grant of Exemption Nos. 11062, 11153, 11157, 11171, and 11175;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11153, 11157, 11171, and 11175 also apply to the si tuation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a gr ant 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, Notu s Access Group is granted an exemption from §§ 61.113(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 neces sary to allow the petitioner to operate a UAS3

for the purpose of aerial inspections of wind tu rbine blades and towers. This exemption is subject to the conditions a nd limitations listed below. Conditions and Limitations

Relative to this grant of exemption, Notus Access Group is hereafte r referred to as the
operator.

The petition and the following supporting documen tation are hereinafter referred to as the operating documents:

1. Notus Access Group Flight Operations Area

2. Notus Access Group Operations, In spection, and Maintenance Manual
3. InstantEye Mk-2 Training Manual
4. InstantEye Mk-2 Gen3 sUAS Operator Training Guide
5. InstantEye Mk-2 Gen3 sUAS Specifications

Failure to comply with any of the conditions an d 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 ex emption are limited to the following aircraft described in the operating documents, whic h is a quad-rotor aircraft weighing less than 2 pounds: InstantEye Mk2 Unmanned Ai rcraft System. Proposed operations of any other aircraft will requi re a new petition or a peti tion to amend this grant.

2. UAS operations under this exemption are limited to conducting operations for the purpose of performing aerial in spections of wind turbine bl ades and towers used in the renewable energy industry.

3. The UA may not be flown at a groundsp eed in excess of 22 knots (25 mph).

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures sp ecified in the operating documents. All altitudes reported to AT C must be in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of th e PIC at all times. This requires the PIC to be able to us e human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA-issued airman medical
certificate.4

6. All operations must utilize a visual observer (VO). 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 verb ally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer hi s or her designation for the duration of the flight. The PIC must ensure that the VO can perform the functions prescribed in the operating documents.

7. The VO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

8. The operating documents and this grant of exemption must be accessible during UAS operations and made availabl e to the Administrator upon re quest. If a discrepancy
exists between the conditions and limitati ons in this exemption and the procedures outlined in the operating documents, the c onditions and limitations herein take precedence and must be followed. Othe rwise, 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 revised documents to the Administrator upon request. The operator must also present updated and revise d documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon wh ich the FAA granted this exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacte d if questions arise regarding updates or revisions to the operating documents.

9. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condi tion that affects the safe operation of the UAS, the aircraft is prohibited from oper ating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The

Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly docume nted in the aircraft records.

10. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteri stics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.5

11. The pre-flight inspection must account for a ll potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents.

12. The operator must follow the UAS manufact urer’s aircraft/component, maintenance, overhaul, replacement, inspecti on, and life limit requirements.

13. The operator must carry out its maintena nce, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of re placement/overhaul component pa rts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service.

14. Each UAS operated under this exemption mu st comply with all manufacturer safety

Bulletins.

15. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancie s discovered between inspections.

16. The PIC must possess at least a private pilo t certificate and at least a current thirdclass medical certificate. The PIC must al so meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot

certificate.

17. The operator may not permit any PIC to ope rate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining a ppropriate distances from persons, vessels, vehicles and structures . PIC qualification flight hours must be logged in a manner consistent with 14 CF R § 61.51(b). The VO is also required to complete the operator’s training requirem ents. A record of training must be documented and made available upon request by the Administrator. Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience-building), are permitted under the terms of this exemption. However, training operations may only be conducte d during dedicated training sessions. During training, proficiency, and experience-bu ilding flights, all pe rsons not essential6

for flight operations are c onsidered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparti cipants in accordance with 14 CFR § 91.119.

18. 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.

19. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published aeronautic al chart unless a letter of agreement with that airport’s management is obt ained, and the operation is conducted in accordance with a Notice to Airmen ( NOTAM), as required by the operator’s Certificate of Waiver or Authorization (COA). The letter of agreement with the airport management must be made ava ilable to the Admini strator upon request.

20. 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.

21. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned ope rating area and land or be recovered in accordance with the operating documents.

22. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

23. The PIC is prohibited from beginning a f light unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 20% battery power remaining.

24. The operator must obtain an Air Traffic Organization (ATO) issued COA prior to conducting any operations under this grant of exemption. This COA will require the operator to request a NOTAM not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operati ons shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential tr ansponder requirements.

25. All aircraft operated in accord ance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N-7

Number) markings in accordance with 14 CF R part 45, Subpart C. Markings must be as large as practicable.

26. Before conducting operations, the radio fr equency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

27. The 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 UAS is operating. These
documents must be made available to th e Administrator or any law enforcement official upon request.

28. The UA must remain clear and yield the right of way to all other aviation operations
and activities at all times.

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

30. The UA may not be operated over conge sted or densely populated areas.

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures ar e 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 ope rations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission 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, and;

c. Operations nearer to the PIC, VO, operat or trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).8

32. All operations shall be conducted over priv ate or controlled-access property with permission from the property owner/contro ller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Sa fety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with al l applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

This exemption terminates on March 31, 2017, unless sooner superseded or rescinded.

Sincerely, /s/ John S. Duncan Director, Flight Standards Service