1

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room Wl2

- 140 1200 New Jersey Avenue, SE Washington, DC 20590

Unmannedkind, LLC Section 333 Exemption Pe tition

January 24 th , 2015

Petitioner:

Unmannedkind, LLC

311 S Wacker Dr

Suite 3000 Chicago, IL 60606

Dear Ladies and Gentlemen:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (herein referred to

as the Reform Act ) and 14 CFR Part 11, Unmannedkind LLC (herein referred to as the

" Petitioner " ) hereby applies for an exemption from the below

- listed Federal Aviat ion Regulations (FARs) to allow commercial operation of Unmanned Aircraft Systems (“ UAS ”) for

the purpose of aerial data collection.

Aerial data collection will include any re mote sensing and measuring by instrument(s) aboard

the UAS . This includes, for e xample

, imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.) , chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UAS. All such operations will be conducted within and under the conditions outlined herein or as may be established by the FAA.

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in this petition. See 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), 11213 to Aeryon Labs, Inc. ( see Docket

No. FAA−2014−0642) , and 12646 to Measure, LLC ( see Docket No. FAA

- 2015

- 1602)

.

Each of the UAS platforms listed in the attached Appendix has been previously approved by the FAA for commercial operations in the United States

. Using an unmanned aircraft system with2

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 sought by this petition is in the p ublic

interest.

Approval of this exemption would enhance safety and fulfill the Secretary of Transportation's responsibilities to "...establish requirements for the safe operation of such aircraft systems in the national airspace system." Section 333(c)

, Reform Act.

The name , address and other contact information for the Petitioner is:

Unmannedkind, LL C

311 S Wacker Dr Chicago, IL 60654

Point of Contact: Joseph Dumas 73 E Lake St Apt 2608 Chicago, IL (719) 332

- 7962

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 91.103

14 CFR 91.109

14 CFR 91.119

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)3

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 UAS, from the requirement that all civil aircraft must have a current airworthiness

certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this sectio n or any sections §44702

- 44716 of t his 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).

Section 333(b) of the Reform Act assists the Secretary in determining whether UAS 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 must consider:

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

 Whether the UAS operates wit hin the visual line of sight of the operator;

 Whether the UAS operates outside of highly populated areas and away from close proximity to airports.

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

BACKGROUND ON THE PETITIONER

The Petitioner is a company formed for the specific purpose of providing safe and cost effective drone services in a variety of environments. It provides turnkey solutions utilizing UAS to deliver specific, low risk, and cost effective actionable data to clients.

The company was founded specifically to help clients avoid the capital and operating expense of establishing their own drone programs

, and enable them to purchase drone support in a way

wh ich better fits their needs and cost profiles.

The partners of the have considerable aviation experience and successful business development
expertise. Combined e

xperience includes 3 FAA licensed Commercial Pilots, Airplane multi

engine instrument ratings, instructor ratings, and over 7,000 hours of total flight time with 4,000

hours as Pilot in Command

. Having combined over 38 yea rs of extensive Federal Aviation
Regulations knowledge and flight experience within the National Airspace System.4

UAS AND OPERATIONAL DESCRIPTION

The Petitioner seeks to commercially operate a variety of UAS weighing less than 55 pounds

includi ng payload in the United States for the purpose of acquiring aerial data. The Appendix attached to this exemption petition lists the aircraft that the Petitioner contemplates operating. In prio r similar exemptions the Secretary has approved every UAS pla tform included in the Appendix.

As the operator of these aircraft, the Petitioner is committed to the following conditions and limitations on its operations. It understands that failure to comply will be grounds for the immediate suspension or rescissio n of any exemption granted.

1. The UAS weighs 55 pounds or less.

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 either 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 manuf

acturer.

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 abl e 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 visu al line of sight (VLOS) 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 capabilit y. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texti ng 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 exemptio n and all documents 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 operations and made available to the5

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. 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 prese nt updated and revised 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 determi nes that any update 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 FAA’s UAS Integration Office (AFS−80) may be contacted if questions arise reg arding 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 conducting 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 hazard 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 condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g., noperable 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 requ irements for the 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 Columbia, Puerto Rico, a territory, a possession, or the Federal government. The

PIC must also meet the flight review requirements specified in 14CFR §61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.6

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 be 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 l ogged in a manner consistent with 14CFR §61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with ho w 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 training, proficiency, and experience

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

15. UAS operations may not be conducted during night, as defined in 14CFR §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 the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or o therwise 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 o r less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. For tethered UAS operations, the tether line must have colored pennants or streamers attached at not more than 50 foot intervals beginning at 15 0 feet above the surface of the earth and visible from at least one mile. This requirement for pennants or streamers is not applicable when operating exclusively below the top of and within 250 feet of any structure, so long as the UA operation does not o bscure the lighting of

the structure.

19. If the UAS loses communications or loses its GPS signal, the UA must return to a pre

determined location within the private or controlled

- access property.

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

21. 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 5 minutes or with the reserve7

power recommended by the manufacturer if greater.

22. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO

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

23. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

24. Documents used by the operator to ensure the 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 Administrator or any law enforcement official upon request.

25. The UA must remain cl ear and give way to all manned aviation operations and

activities at all times.

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

27. 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 su ch 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 ensuring the safety of nonparticipating persons; and b. The

owner/controller o f 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.

28. All operations shall be conducted over private or controlled

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

29. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area a s defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be8

reported to the National Transportation Safety Board (NTSB) 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 conditions and limitations apply.

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

31. 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 area of proposed filming. The 3

- day

notifica tion may be waived with the concurrence of the FSDO. The plan of activities must include at least the following: 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 the person responsible for the on

- scene operation of the UAS; d. Make, model, and serial 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 of 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.

32. 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.

DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness certificates

Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203(a)(l). Given the size and limited operating area associated with the aircraft to be utilized by the Petitioner, an exemption from Part 21 Su bpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 USC §44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement f or an airworthiness certificate, upon consideration of the size, weight, speed, operational capability and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated with out an airworthiness certificate, in the restricted environment and9

under the conditions proposed, will be at least as safe, or safer, than a conventional aircraft operating with an airworthiness certificate without the restrictions and conditions proposed

.

14 CFR 45.23(b): Marking of the aircraft

This regulation requires that certain experimental, provisionally certified aircraft, or light- sport 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, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot stat ion on which the word "Experimental" can be placed. Given the size of the UAS, 2

- inch lettering may be impossible. The Petitioner will mark the UAS as practicable.

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

Sect ions 61.113(a) and (b) limit private pilots to non

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can a chieve the equivalent level of safety of c urrent operations by requiring the pilot operating the a ircraft to have completed a UAS flight

- training course. Unlik e a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. The risks associated with the operation of the UAS ar e so diminished from the level of risk associated with commercial operations contemplated by Part

61 wh en drafted, that allowing operations of the UAS 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 the Petitioner contemplates operating, should this exemption be granted, no FAA regulatory standard will exist

for de termining airworthiness. Given the size of the aircraft and the operational restrictions put on the aircraft, an equivalent level of safety will be provided.

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

The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the airc raft. The equivalent level of safety will be maintained by keeping the Operating Manuals at the ground control point where the pilot flying the UAS

will have immediate access to it.

14 CFR 91.103: Preflight action10

This regulation requires each pilot in c ommand take certain actions before flight to ensure the

s afety 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 or fuel requireme nts, checking takeoff and landing distances, and all other actions in the Operating Manual and safety checklists. These actions will provide an equivalent level of safety.

14 CFR 91.109: Flight instruction

Section 91.103 provides that no person may opera te a civil aircraft (except a manned free balloon) that is bei ng used for flight instruction unless that aircraft has fully functioning dual

controls. By design, UAS do not have fully functional dual controls. Flight control is accomplished through the u se of a control box that communicate s with the aircraft via radio communications. 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 UAS via radio signals from the controller and by the size and speed of the aircraft.

14 CFR 91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. The UAS will never operate at altitude higher than 400 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 UAS as well as the location where it is operated. No flight will be taken without t he permission of the

property owner. 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 persons (persons other than the pilot in command (PIC) or visual observer (VO)), vessels, vehicles and structures, unless operations do not present an undue hazard.

The UAS will remain within visual li ne of sight of the PIC or VO. Flight operations will be conducted at least 5 miles from an airport. The PIC or VO will provide notification to the local Flight Standards District Office and airport controller of all operations within 5 miles of an airpor t. 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 UAS proposed herein, any risk associated with our operations is far less th an those presently presented with helicopters and other conventional aircraft operating at or below 500 feet AGL. In addition,

the low

- altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventional ai rcraft that must comply with Section 91.119.11

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 UAS 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 al titude 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 beginning a flight in VFR conditions. Relief

from Section 91.15 1(a)(1) is requested to the extent required to allow flights of a variety of UAS during daylight hours in visual flight rules (VFR) conditions to continue until 90 percent of remaining battery power or fuel reserves remain. The Petitioner seeks the reques ted relief because without an exemption from Section 91.151(a)(1), the flight time duration of the selected aircraft will be reduced and severely constrain the practicality of any aerial acquisition of data

that it proposes to conduct pursuant to this Peti tion.

The technical specifications of the proposed UAS, their Operations Manuals, and the Petitioner 's proposed operating limitations, ensure that it will safely operate the selected aircraft during daylight hours in VFR conditions until 90 percent of rema ining battery power or fuel reserves

remain.

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

The UAS 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 display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS.

14 CFR 91.405(a); 407(a)(l); 409(a)(2); 417(a) & (b): Maintenance inspections

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...," and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the Petitioner. Maintenance will be accomplished pursuant to the User Guide or Operating Manual. An equivalent level of safety will be a chieved because these UASs are 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 UAS can land immediately and will be operating12

from no higher than 400 feet AGL. The PIC will ensure that the UAS is in working order prior to initiating flight, perform required maintenance and keep a log of any maintenance performed. Moreover, the PIC is the person most familiar with the aircraft and best suited to maintain the

ai rcraft in an airworthy condition to provide the equivalent level of safety.

PUBLIC INTEREST

Approval of exemptions allowing commercial operations of UASs for aerial acquisition of data enhances safety while reducing risk. Manned aircraft in certain application such as pipeline monitoring create a greater risk because the aircraft are much larger and carry an onboard human pilot. In contrast, a UAS weighing 55 pounds or less will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. In addition, streams of aerial data will allow large commercial entities to make decisions about how to best deploy ground resources and ensure the safety and cost

- effectiveness of their operations. Finally, the use of UAS for public safety, search and rescue and disaster response purposes can reduce costs and increase capabilities of public services.

EQUIVALENT LEVEL OF SAFETY

The Petitioner proposes that the exemption request ed herein apply to civil aircraft that have the characteristics and that operate within the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current and proposed regulat ory structure.

NATIONAL SECURITY

Given the small size of the UAS involved and the restricted environment within which they will operate, our petition presents no national security issue.

FEDERAL REGISTER SUMMARY

Docket No.: No. FAA

- 2015

- Petitioner: Un mannedkind, LLC

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).

Descripti on of Relief Sought: The Petitioner is seeking an exemption to conduct commercial acquisition of aerial data using unmanned aircraft systems.13

Based upon the foregoing, the Petitioner requests that the FAA grant it the necessary exemptions

u nder Section 333 of the FAA Reform Act as requested herein to allow for commercial operations of UAS within the United States.

PETITIONER:

X

Joseph Dumas