80585.2

**PETITION FOR EXEMPTI ON FROM FEDERAL**  **A VIA**  **TION REGULA**

**TIONS (“F**  **ARS”) AND REQUEST**  **FOR APPROV**  **AL TO OPER** 

**AT E UNMANNED**  **AIRCRAFT SYSTEMS UND ER SECTION 333 OF**  **T H** **E F AA**  **REFORM ACT**  **AND P AR**  **T 11**  **OF T**  **HE F ARS** 

Submitted by : **Near**

**Earth Autonomy** 

**, Inc.** Dated: **July 2 1**  **, 2015** By Electronic Submission to: www.regulations.gov By Paper Submission to:

U.S. Department of T

ransportation Docket Operations We st building Ground Floor, Room W12

- 140 1200 New Jersey

Av enue, SE Wa shington, DC 20590

Filed b y: Justine M. Kasznica, Esq.

Saul Ewing LLP One PPG Place Suite 3010 Pittsburgh, P

A 15222 412.209.2537 (of

fice) 412.209.2588 (fax) jkasznica@saul.com Counsel for Near Earth Autonomy , Inc.80585.2 **TA BLE OF** 

**CONTENTS**

I. Summary

for Publication in Federal Register

................................ .......................... 1

II. Legal Basis for the Requested Exemption under Section 333

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

III. Identity

and Contact Information of the Petitioner

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

IV

. The V

APOR 35/55 sUAS

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

V. The Proposed sUAS Operation

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

VI

. The V

APOR 35/55 sUAS Equivalent Level of Safety

................................ ........... 16

VII. Privacy

................................ ................................ ................................ ................... 19

VI II. Public Interest and Safety

................................ ................................ ...................... 19

IX

. Exemptions Requested Under Section 333

................................ ............................ 20

X. Certificate of Authorization or Waiver

................................ ................................ ... 29

XI

. Conclusion

................................ ................................ ................................ ............. 30

ENCLOSURES : SCHEDULE 1: Product Brochures for s1, s2, g5 CONFIDENTIAL

SUPPLEMENT : Exhibit A: VAPOR 35 Aircraft Flight Manual ; S UR VEY Copter GCS Software User ’sManual Exhibit B: 4 Appropriate Project Site Descriptions; Near Earth Operations Manual ; Form 24081

**I. Summary for** 

**P ublication in Federal Register**  Near Earth Autonomy

, Inc. (“Near Earth”) develops comprehensive software and sensor solutions for manufacturers and users of low

- fl ying aircraft that operate in all

-weather conditions, and in hostile, unprepared environments. These solutions are designed to meet the needs of both micro air vehicles and full

- scale aircraft, by o ffering a customized process that leverages automation and pilot aids to ensure safe manned and un -manned flight. Amongst its many p roduct and service offerings, Near Earth offers turnkey s ystems for surveying and mapping, as well as survey and mapping sensors and payloads that can be integrated with other systems. Near Earth services customers in the construction, agricultural, mining, natural gas, and power industries that routinely perform site inspections, surveys , aerial mapping, site monitoring, and other similar tasks.
Near Earth seeks to operate small unmanned aircraft systems (“sUAS”) for compensation or hire within the National Airspace System (“NAS”) for the purpose of conducting aerial demonstrations of its products and services within the NAS. These demonstrations are critical for Near Earth sales and marketing campaigns, designed for prospective and existing customers that seek to purchase and use Near Earth products and services for the purpose of site surveying, mapping, monitoring, and inspecting. Near Earth seeks an exemption to operate Pulse Aerospace

-manufactured VAPOR 35 and VAPOR 55 unmanned aerial vehicles (“UAVs”) in connection with SUR

VEY C opter Ground Control Station (“GCS”) Software for this purpose. For the purposes of this Petition, the two versions of the sUAS will be collectively referred to as the “V APOR 35/55 sUAS”. The VAPOR 35/55 sUAS has been developed by Pulse Aerospace, In c., the premier developer of helicopter unmanned aircraft systems (“UAS”) in the United States.
The data obtained through the use of the VAPOR 35/55 sUAS will enable Near Earth to better understand the market and its customers’needs and to position itself for sales, and do so in a cost

- effective, effi cient and s afe manner. Use of the sUAS is a low

- cost solution with low environmental impact that allows Near Earth to showcase its products and services, and use the data collected to optimize the quality and ef fectiveness of the products and services offered. Through this process, Near Earth seeks to of fer tested and proven assistive technologies to its customers that will improve the safety and ef fectiveness of future flight operations.
Near Earth hereb y petitions the Federal Aviation Administration (“F AA”) for an exemption from various FARs and requests approval to operate the VAPOR 35/55 sUAS in the NAS pursuant to Section 333 of the F AA Modernization and Reform Act of 2012 (the “Act”), 49 U.S.C.S 44701(f), and Title 14 of the Code of Federal Regulations (“CFR”), Part 11 ( 14 CFR Part 1 1) (the “Petition”).
In its Petition, Near Earth requests that an exemption be granted from the following regulations: 14 CFR Part 21 14 CFR 43.7 14 CFR 43.1 12 14 CFR 45.1 1

14 CFR 45.21 14 CFR 45.23(b) 14 CFR 45.29 14 C FR 61.1 13(a) and (b) 14 CFR 67 14 CFR 91.7(a) 14 CFR 91.9(b)(2) 14 CFR 91.9(c) 14 CFR 91.103(b) 14 CFR 91.109 14 CFR 91.1 19 14 CFR 91.121 14 CFR 91.151(a) 14 CFR 91.203(a) and (b) 14 CFR 91.405(a) 14 CFR 91.407(a)(1) 14 CFR 91.409(a)(2) 14 CF R 91.417(a) and (b)
Inits Petition, Near Earth describes in detail (i) the VAPOR 35/55 sUAS , (ii) the Near Earth team that will operate the VAPOR 35/55 sUAS and the members’respective roles and qualifications, (iii) the proposed sUAS operations for which it seeks approval, and (iv) the various safety precautions that will be taken prior to and during the operations. **CONFIDENTIAL**

**I NFORMA** 

**TION** concerning the VAPOR 35/55 sUAS is attached hereto as Exhibit A, and includes the relevant sUAS operating documents and GCS operating documents (i.e., the VAPOR 35 Aircraft Flight Manual 1 and the SUR VEY C opter GCS Software User ’s Manual). Additional **CONFIDENTIAL I** **NFORMA**

**TION** concerning the proposed sUAS’s operations, which include s the descriptions of four (4) Appropriate Project Sites, as well as Near Earth’ s Operations Manual, which contains training proto cols and preflight procedures, l imitations of operation for controlling air/ground space for demonstrations, and maintenance and operations checklists, is attached to this Petition as Exhibit B (collectively , Exhibits A and B constitute the “CONFIDENTIAL Supplement”). Near Earth intends to use these materials as part of its proposed operations, and requests that this CONFIDENT IAL Supplement not be made public. All maintenance, alterations, and preventive maintenance of the VAPOR 35/55 sUAS performed by Near Earth will be in accordance with the methods, techniques, and practices prescribed in the above documents. Furthermore, only the Original Equipment Manufacturer (“OEM”) or qualified OEM maintainers will perform higher

- level inspections and maintenance per the operating documents and OEM standards. Moreover, Near Earth will document and maintain all maintenance records for the V APOR 35/55 sUAS.

1 The VAPOR 55 is a scaled

-up and more cap able version of Pulse’ s VAPOR 35 sUAS. Todate, the VAPOR 55 sUAS does not have a separate Aircraft Flight Manual; rather, it shares the Aircraft Flight Manual developed for the V APOR 35 sUAS. Accordingly , it is the V

APOR 35 Aircraft Flight Manual that is included with this Petition.2 Insupport of its exemption request, Near Earth submits that (i) the VAPOR 35/55 sUAS

is both safe and reliable and will satisfy the FAA’ s airworthiness assessment, (ii) the Near Earth Pilot

- in

- Command (“PIC”) and Vi sual Observer (“VO”) have the requisite knowledge and exp erience to ensure the safe operation of the proposed sUAS, (iii) the operation procedures and parameters to be employed by Near Earth ensure safe sUAS operations in the NAS, and remove the threat of harm to people and property , including other manned aircraft, and (iv) Near Earth ’s proposed operations, which include without limitation, the use of the VAPOR 35/55 sUAS to conduct aerial demonstrations of Near Earth products and services in secure demonstration sites for the benefit of prospective customers from a broad industry spectrum, will be safer than that which would be achieved by f lying a larger manned aircraft carrying crew and flammable fuel for the same purpose. In addition, permitting use of the VAPOR 35/55 sUAS to demonstrate Near Earth products and services, and the adoption and use of these products and services by Near Earth customers, will achieve various economic and environmental benefits, as well as significant ef

ficiencies associated with cost, labor, and safety, that serve the public interest. A. The VAPOR 35 and VAPOR 55 sUAS The VAPOR 35 sUAS is an electric unmanned helicopter system developed by Pulse Aerospace, Inc. (“Pulse”), the leading manufacturer of helicopter UAS in the United States. The VAPOR 55 sUAS is a scaled up and improved version of the VAPOR 35 sUAS and is now in production as well. The V APOR 35/55 sUAS consists of a vertical takeoff and landing (“VTOL”) UA V and a transportable GCS. The VAPOR 35/55 sUAS has a maximum takeof f weight, including payload capability , of less than 35 pounds and 55 pounds, with payload capability o f up to 5 and 12 pounds respectively ; The V APOR 35 measures approximately 55 inches in length, 25 inches in width, and 19 inches in height while the VAPOR 55 measures approximately 7 5 inches in length, 27 inches in width, and 23 inches in height; both have a maximum groundspeed of approximately 30 knots

. The VAPOR 35/55 sUAS is powered by a Lithium Poly

mer battery

powered electric motor

. The VAPOR 35/55 sUAS also includes a precision full

- authority automatic flight control system. Near Earth will operate the V APOR 35/55 sUAS using the Pulse GCS with the SUR VEY Copter GCS Software, developed by S UR VEY C opter, which will serve as the communication tool between the UA

V and the ground, and which is designe d for safe and ef fective mission preparation, execution, and real

- time monitoring of the execution. B. The Proposed sUAS Operations Near Earth will conduct its sUAS operations using the VAPOR 35/55 sUAS in compliance with the F

AA Notice 8900.227 Sections 12 , 13, 14, and 16, issued on July 30, 2013. The V APOR 35/55 sUAS will be operated at Near Earth

- selected sites by a PIC who will be assisted by

a ground

-based VO at all times during the operation. The VO will have a clear visual line

- of

- sight ( “VLOS ”) to the UA V, and will be able to communicate verbally with the PIC at all times throughout the sUAS operation. The primary Near Earth PIC holds a FAA commercial rotary

-wing and instrument rating with military rotorcraft experience. Other prospective Near Earth PICs have, at minimum, recreational pilot or private pilot licenses, which3

have been deemed suf

ficient by the FAA for sUAS operations in previously

- granted petitions, provided other qualifications are met. In addition, all Near Earth PI Cs hold the requisite airman medical certificates, and will demonstrate, by meeting minimum flight

-hour and currency requirements, that the Near Earth PICs are able to safel y operate the VAPOR 35/55 sUAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles, and structures. Both the PI C and VO will have significant experience operating a variety of radio

- controlled model aircraft, including experience operating the V APOR 35/55 sUAS. Additional Near Earth operational restrictions for the VAPOR 35/55 sUAS that ensure safe flight include: 1. The sUAS will not be flown at night and will be operated under visual meteorological conditions (“VMC”) or where visibility i s at least 3 statute miles from PIC. The use of first

-person-view (“FPV”) by the PIC or VO is not permitted. 2. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (“AGL”), with the majority o f flights anticipated to be operated at no more than 200 feet AGL. 3. The sUAS will not be flown at an airspeed exceeding 22 knots groundspeed. 4. The sUAS, including any payload, will weigh less than 55 lbs. 5. The PI C is prohibited from beginning a flight 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 sUAS with 25% battery power remaining. 6. The sUAS will be operated within 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 F

AA

- issued airman medical certificate. 7. All operations will utilize a VO. The VO and PIC will be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC will be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC will ensure that the VO can perform the functions prescribed in the operating documents. 8. The operating documents and the grant of exemption will be accessible during sUAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the proce dures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and will be followed. Otherwise, Near Earth will follow the procedures as outlined in its operating documents. Near Earth may update or revise its operating documents, to the extent permitted by Pulse, the sUAS manufacturer

. It is Near Earth’ s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. Near Earth will also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If Near Earth determines that any update or revision would aff ect the basis upon which the F

AA granted the exemption, then Near Earth will petition for amendment4 to the grant of exemption. The F AA’sUAS Integration Of fice (AFS

- 80) may

be contacted if questions arise regarding updates or revisions to the operating documents. 9. A briefing will be conducted in regard to the planned sUAS operations prior to each day ’s activities. Itwill be mandatory that all personnel who will be performing duties in connection with the operations be present for this briefing. 10. Near Earth will file any necessary p aperwork in light of the exemptions with the appropriate Flight Standards District Of fice (“FSDO”). 11. Prior to each flight the PIC will inspect the sUAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that af fects the safe operation of the sUAS, the aircraft is prohibited from operating until the necessary m aintenance has been performed and the sUAS is found to be in a condition for safe flight. The GCS will be included in the preflight inspection. All maintenance and alterations will be properly documented in the aircraft records. 12. Any sUAS that has undergone maintenance or alterations that aff ect the sUAS operation or flight characteristics, e.g. replacement of a flight

- critical component, will undergo a functional test flight. The PIC who conducts the functional test flight will make an entry in the aircraft records. 13. The pre - flight inspection will account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 14. Near Earth will follow the sUAS manufacturer ’saircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 15. Near Earth will carry out its maintenance, inspections, and record

-keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts will be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the sUAS to ser vice. 16. Each sUAS operated under this exemption will comply with all applicable Manufacturer Safety Bulletins. 17. The authorized person will make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections

. 18. The sUAS will have redundancies and an independent flight termination system ( “FTS ” ) that can be activated manually b y the PIC to ensure the overall safety and predictability of the sUAS. 19. Inthe event of a loss of communications or signal, the sUAS is programmed to return to its home base. 20. The sUAS will have the capability to abort a flight in case of unexpected situations or emergencies. 21. If the helicopter and its controller disconnect during flight, the system’ s failsafe autopilot system will automatically engage, and the helicopter will return to its home base and land automatically

, rather than flying off uncontrollabl y or landing at an unknown location.5 22. The sUAS will only b e flown (i) in rural areas, away f rom any urban or congested locations, (ii) on secured private property with restricted public access, (iii) in areas located more than 5 miles away f rom any airport, unless FAA

- conditions are met and relevant approvals or letter of agreements are obtained, (iv) in Class G Airspace, and (v) in such l ocations where the property owner has approved the contemplated sUAS operations. 23. The PIC, VO, and any additional crew members will comply with any additional safety regulations and protocols as may be required by

each site where the sUAS is flown. 24. Near E arth will communicate information about specific operations with Air Traf fic Control ( “AT C ”) nearest to the flight site. 25. Near Earth will submit a precise description of proposed sUAS operations (Plan of Activities) to the local FSDO within 3 days prior to the sUAS operations. 26. Near Earth will obtain a Certificate of Authorization or Waiver (COA) prior to any operations under the grant of exemption, and seeks a “blanket” COA in accordance with the interim policy

recently announced by

the FAA. This COA

will also require the operator to request a Notice to Airmen ( “NOT AM ”) not more than 72 hours in advance, but not less than 48 hours prior to the operation. 27. All aircraft operated in accordance with the exemption will be identified by s erial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings will be as large as practicable. 28. Before conducting operations, the radio frequency spectrum used for operation and control of the sUAS will comply with the Federal Communications Commission (“FCC”) or other appropriate government oversight agency requirements. 29. The documents required under 14 C.F.R. 91.9 and 91.203 will be available to the PIC at the GCS of the sUAS any time the sUAS is operating. These documents will be made available to the Administrator or any l aw enforcement of ficial upon request. 30. The sUAS will remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 31. Written and/or oral permission from the relevant property holders will be obtained, confirmed, and made available in writing upon request. 32. All required permissions and permits will be obtained from territorial, state, county , or city j urisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA

will be reported to the FAA's UAS Integration Of fice (AFS

- 80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (“NTSB”) per instructions contained on the NTSB W eb site: www.ntsb.gov

.6 C. Relevant Previously

- Granted Exemptions

Near Earth bases its Petition, in part, on several relevant Section 333 petitions that were granted by

the FAA in 2014 and 2015 and makes references to these exemptions throughout. These exemptions include the following: 1. Exemption No. 1 11 09 (the “Clayco Exemption”) for sUAS operations used to conduct aerial imaging to monitor and ensure the safety of construction sites. 2. Exemption No. 1111 4 (the “W oolpert Exemption”) for sUAS operations used to conduct precision aerial surveys over Ship I sland, Mississippi. 3. Exemption No. 11 062 (the “Astraeus Exemption”) for sUAS operations used for closed set filming for the motion picture industry

. 4. Exemption No. 111 36 (the “Advanced A viation Solutions Ex emption”) for sUAS operations used to conduct aerial surveys to support the agriculture industry

. 5. Exemption No. 111 38 (the “T rudeau Exemption”) for sUAS operations used to conduct real estate and aerial images of Tucson, AZ to use for marketing purposes. 6. Exemption Amendment No. 11 241A, granted to Phoenix Air UNMANNED, LLC , approving the VAPOR 35 and 55 in connection with previously a uthorized operations

. 7. Exemption Amendment No. 11 238A, granted to the San Diego Gas & Electric Company , approving the VAPOR 35 and 55 in connection with previously authorized operations. The FAA granted these exemptions with conditions, having found that the petitioners presented an adequate showing of airworthiness and safety in their described sUAS operation to serve the public interest. Near Earth ’sproposed operation does not dif fer significantl y from the situations presented in the Clayco, Wo olpert, and Advanced Aviation Solutions Exemptions. In fact, the proposed V

APOR 35/55 sUAS operations establish at least an equivalent level of safety to the sUAS operations described in the Clayco, Wo olpert, and Advanced Aviation Solutions Exemptions, if not greater, as Near Earth operations are for demonstration purposes only , with the goal of enabling their customers to ultimately b enefit the public in very similar ways to those outlined in the above

-mentioned Exemptions. Given that Near Earth plans to operate in similarly restricted operating environments, and with the intent of addressing similar markets and operating purposes, and with the airmanship skills necessary to operate the sUAS, Near Earth respectfull y asks the F

AA to grant Near Earth’ s Petition. D. Recent Changes to the Exemption Process
InApril 2015, the FAA used a “summary grant” process to issue 30 Section 333 exemption approvals for UAS. Use of this process is likely to speed up the Section 333 exemption process for sUAS operators such as Near Earth

. Given that the Near Earth Petition is7

substantially

s imilar to the previousl y- granted exemption requests described above, Near Earth believes that use of the “summary grant” process is appropriate in evaluating this Petition.
In addition, the FAA made the following two significant changes to the Section 333 exemption PIC qualifications in April 2015:

 The agency

now allows operations under these exemptions by p eople who hold a recreational or sport pilot certificate. Previously , Section 333 operators were required to have at least a private pilot certificate. The newl y added certificates are easier to obtain, and therefore less costly

, than a private pilot certificate.

 A third class medical certificate is no longer required. Now, a Section 333 operator onl y needs a valid driver ’sl icense to satisfy the medical requirement. This change is consistent with the agency’ s approach for sport pilot certificate holders, who may fly light sport aircraft with a driver ’slicense and no F AA medical certificate. FAA News &Update

- FAA Summary Grants Speed UAS Exemptions , F AA E

-Newsletter, April 9, 2015. Finally

, and perhaps even more notably , the Federal Aviation Administration has established an interim policy to speed up airspace authorizations for certain sUAS operators who obtain Section 333 exemptions. Under the new policy, the FAA will grant a COA for flights at or below 200 feet to any sUAS operator with a Section 333 exemption for aircraft that weigh less than 55 pounds, operate during day time Visual Flight Rules (“VFR”) conditions, operate within VLOS of the pilots, and stay certain distances away

from airports or heliports:

 5 nautical miles (“NM”) from an airport having an operational control tower; or

 3 NM from an airport with a published instrument flight procedure, but not an operational tower; or

 2 NM from an airport without a published instrument flight procedure or an operational tower; or

 2 NM from a heliport with a published instrument flight procedure The “blanket” 200

- foot COA allows flights anywhere in the country except restricted airspace and other areas, such as major cities, where the FAA prohibits UAS operations. Section 333 exemption holders will automati cally receive a “blanket” 200

- foot COA. For new exemption holders, the FAA will issue a COA at the time the exemption is approved. To the extent an operator seeks to fl y outside the blanket parameters, that operator must obtain a separate COA specific to the airspace required for that operation. Adapted from http://www.faa.gov/news/updates/?newsId=82245 Near Earth has been working diligently to comply

with the requirements set forth by the FAA prior to these recent changes, and has developed its proposed plan of sUAS operations accordingl y. Given that Near Earth’ s proposed sUAS operations follow the prior, more stringent requirements, Near Earth believes that it has exceeded what is needed to establish the8

“equivalent level of safety” as it is now interpreted by the FAA. In light of the recent changes made by the FAA, Near Earth requests that the FAA use its “summary grant” authority to approve this Petition and issue to Near Earth a “blanket” 20 0

- foot COA. D. Recent F

AA Proposed Rules and Interim Policy On February

1 5, 2015, the FAA issued proposed rules for operation and certification of sUAS, under which the VAPOR 35/55 sUAS would qualify

. (Docket No.: FAA

- 2015

- 0150; Notice No. 15

- 01 concerning 14 CFR Parts 21, 43, 45, 47, 61, 91, 101, 107, and 183). While these rules have yet to be implemented and therefore do not have the force of law, they are a strong indication of the FAA’ s inclination to allow sUAS operations such as those proposed by Near Earth

. Near Earth continues to pay c lose attention to these rules and their development and ultimate implementation. E. Conclusion For all the above reasons, Near Earth asks that the FAA grant its request for exemption from certain FARs, and approve its operation of the V APOR 35/55 sUAS in the national airspace in accordance with the limitations and restrictions set forth herein. **II. Legal Basis for** 

**the Requested Exemption under Section 333**  In 2012, Congress passed the F AA Modernization and Reform Act, mandating the F AA to integrate unmanned aircraft systems (UAS) into the national airspace system (NAS). Section 332 of the Act authorizes the FAA to develop regulations for the civil operation of UAS weighing less than 55 pounds. While the f inal UAS regulations have not yet been issued by the FAA, Congress, in Section 333 of the Act, directed the FAA to allow the operation of civil sUAS even before such final regulations are completed, to the extent that the sUAS operations do not create a hazard to the national airspace system or the public, or pose a threat to national security

. 2012 Act, §§ 333(a), (b)(1). The FAA has authority

pursuant to 49 U.S.C.S 44701(f) to grant an exemption from the regulations developed for manned aircraft operations (F ARs and other requirements) to the extent the FAA finds that the exemption is “in the public interest.” An sUAS operation that is in the public interest has been described as an operation that “falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS to commence immediately .” See Clayco Exemption, p.8. Section 333 of the Act mandates the Secretary o f Transportation to make a case -by

- c ase determination of safety

c oncerning proposed sUAS operations, by c onsidering 6 factors. The six factors are (1) size, (2) weight, (3) speed, (4) operational capability , (5) proximity

to airports and populated areas, and (6) operation within VLOS (2012 Act, §§ 333(c)). Once safe operation of the sUAS is established, the Secretary must then set forth requirements to facilitate the operation of the sUAS.9

**III. Identity and Contact Information of the Petitioner**  The petitioner is Near Earth Autonomy , In c., a Pennsylvania corporation with its principal place of business at:

Near Earth Autonomy

, Inc. 5001 Baum Blvd, Suite 750 Pittsburgh, P

A 15213 Te l: (412) 877

- 5587 Fax: (412) 621

- 4301 Email: dave@nearearth.aero Principal Contact: David Duggins Website: www.nearearthautonomy .com All questions concerning this Petition may b e directed to Justine M. Kasznica, counsel for Near Earth Autonomy

, Inc., at: Justine M. Kasznica, Esq. Saul Ewing LLP One PPG Place Suite 3010 Pittsburgh, P

A 15222 Te l: (412) 20 9

- 2537 (of

fice) Fax: (412) 209

- 2588 (fax) jkasznica@saul.com **IV .**  **The VAPOR 35/55 sUAS**  Near Earth seeks an exemption to operate the VAPOR 35/55 sUAS. The F AA has previously

granted exemptions from Section 91.151 and other F ARs and approved the conditional operation of this particular type of sUAS. For example, as recently as June 3, 2015, the F AA granted Exemption No. 11241A to operator Phoenix Air UNMANNED, LLC, approving the operation of a VAPOR 35 and 55 sUAS on the same conditions it had outlined for other sUAS used b y the same operator for the purpose of closed

- set motion picture and television filming and production, stating that safety would not be adversely affected when the technical characteristics and operating limitations of the V APOR 35/55 sUAS are considered. Another broad exemption involving the V APOR 35/55 sUAS include Exemption No. 1 1238A, granted on May 7, 2015 to the San Diego Gas & Electric Company for sUAS operation involving aerial data collections. Near Earth believes it has more than met the requirements and conditions outlined by the F AA in these two exemptions, and should therefore be granted a similar exemption from the FAA for its VAPOR 35/55 sUAS operations for the purpose of product and service demonstrations in restricted operating environments. The VAPOR 35/55 sUAS is a single rotor sUAS comprised of a VTOL UAV and a transportable GCS. The V APOR 35/55 sUAS has a maximum takeof f weight, including payload capability , of less than 35 and 55 pounds, with payload capability o f up to 5 and 12 pounds10

respectivel y; the VAPOR 35 measures approximately 5 5 inches in length (without blades), 25 inches in width, and 19 inches in height, while the V APOR 55 measures approximately 75 inches in length (without blades), 27 inches in width, and 23 inches in height; they b oth have a maximum speed of approximately 3 0 knots

. The VAPOR 35/55 sUAS is powered by a Lithium Poly mer battery

-powered electric motor, and has the following features, designed for precise, safe, and reliable operation:

 Safety features (automatic autorotation, smart autohome functions, etc.)

 Precision, full

- authority automatic flight control system

 Touchscreen

- compatible ground control

 Automatic rotor speed calibration for different flight altitudes

 High flight time even with large payloads

 Operational capability in windy environments The technical specifications of the VAPOR 35/55 sUAS are as follows: 1. sUAS: VAPOR 35/55, manufactured by Pulse Aerospace, Inc. 2. Data Link: 5800 MHz secure digital datalink with Ethernet interface ; 5 mile range and 50 Mb/s; uplink at 2 Hz to GCS 3. Payloads: Lidar and/or color cameras and/or thermal imagers 4. Batteries: Intelligent 12 series , 22,000 mAh Li

- Po Battery (Main Motor); 2000 mAh Li

- Po Battery

(FCS and Servos) 5. VAPOR 55 Empty W eight: < 21 lb 6. V APOR 55 Minimum Takeof f W eight: 32 lb 7. VAPOR 55 Maximum Ta keof f W eight: < 55 lb 8. Maximum Flight Time: 60 minutes cruising (40 minutes if hovering) 9. Operational Range: 5 miles 10. Maximum Wind Speed for Flight: 30 knots 11. Maximum Speed: 22 knots 12. Ty pical Speed: 20 knots A PIC controls vertical and lateral movement of the V APOR 35/55 sUAS via the GCS or R/C transmitter by

varying angle of attack among the main and tail rotors. The GCS displays the current position of the VAPOR 35/55 sUAS in relation to the pilot. The VAPOR 35/55 has four distinct modes of operation. It has an advanced full

- authority autopilot capability (Mission Mode); it can also be manually c ontrolled (RC Mode); PIC

- guided with autopilot assistance (Manual Mode); or an autopilot mode may be triggere d in the event of a lost link or timer expiry , in which the sUAS will return to its “home” way point (Home Mode). If the VAPOR 35/55 sUAS exceeds the control range of the remote control, or in the event of a lost link for other reasons, the flight control system will default into Home Mode, meaning the VAPOR 35/55 sUAS will automatically f ly b ack to its takeoff point or any other waypoint selected by the operator as a landing point, and land safely

. This same feature can be used to program flight parameters for the sUAS. Inthe event that the sUAS exceeds the programmed flight parameter,11

the sUAS will automatically fl y back to its designated location. The VAPOR 35/55 sUAS tracks the FCS battery l ife in real

- time through its built

- in Battery P ower Indicator and tracks the main rotor battery through a timer

. The VAPOR 35/55 will be programmed to return to its launch location automaticall y so that it will, upon landing, have no less that 25% battery l ife. The VAPOR 35/55 sUAS utilizes a barometric pressure sens or, GPS antenna, and a radio communications telemetry data link to downlink altitude information from the UA V to the ground control station. The VAPOR 35/55 sUAS uses i) a standard 5800 MHz secure digital datalink with Ethernet interface; ii) 5 mile range and 50 Mb/s; with iii) an uplink at 2Hz to GCS communications link, all of which do not require any additional FCC approvals beyond what is already approved for use commercially

. A complete description of the operation and specifications of the VAPOR 35/55 sUAS, the Pulse GCS, and its software is provided in the V APOR 35 Aircraft Flight Manual. Near Earth intends to use a SUR

VEY Copter GCS Software with the V APOR 35/55 sUAS, which will allow for improved and precision operation of the sUAS, as described abo ve. A complete description of the operation and specifications of the SUR VEY C opter GCS Software is provided in SUR VEY Copter GCS Software User ’sM anual. The VAPOR 35/55 sUAS is compliant with all FCC requirements, and the radio frequency spectrum used for operation and control of the sUAS is set forth in the VAPOR 35 Aircraft Flight Manual and the SUR VEY C opter GCS Software User ’s Manual, a cop y of which is submitted as Exhibit A, and part of the CONFIDENTIAL Supplement. The following Near Earth Products and Services, to be demonstrated using the VAPOR 35/55 sUAS, are listed below: A. s1 survey

s ystem: a fully

- integrated, turnkey survey s ystem that produces photorealistic 3D imagery o f large regions. s1 includes a ground station for specification of flight plans. All range data and video imagery are collected onboard for post

-processing. s1 is designed to be used with minimal training and a small flight crew for flight beyond line

- of

- sight. B. s2 mapping system: a complete, turnkey m apping system for generating photorealistic digital elevation maps. s2 includes a ground station for high

- level specification of flight plans. All range data and video imagery are collected onboard for post

-processing. s2 is designed to be used with minimal training and a small flight crew for flight beyond line

- of

- sight. C. g5 configurable mapping payload: of fers the best combination of weight, cost, performance, and capabilities. Modular components exist for lidar mapping, multispectral sensing, collision avoidance, and photogrammetry

. Five configurations are available with options for higher density and / or more accurate point clouds. Product brochures containing complete descriptions of the foregoing Near Earth Products or Services are included in Schedule 1, attached hereto.12

**V. The Pr** **oposed sUAS Operation** The VAPOR 35/55 sUAS will be used to demonstrate Near Earth products and services, including its software suite payloads which may b e purchased by Near Earth customers for the purpose of (i) conducting routine monitoring and (ii) producing high

-resolution and high

- quality , precision aerial acquisitions of project sites for a variety of industries. Use of the sUAS is a low

cost solution with low environmental impact that protects surveyors from the often hazardous conditions present at various industrial project sites, while optimizing the quality and eff ectiveness of the data collected. Near Earth intends to illustrate this point to prospective customers by

demonstrating its products and services designed for optimized safety, reliability , and precision. A. Selection of Appropriate Project Sites Near Earth wishes to operate the VAPOR 35/55 sUAS for the purpose of demonstrating its product of

ferings and service capabilities, which can be purchased by customers for the purpose o f conducting aerial acquisitions of project sites in various industries, including in the construction , mining, natural gas, power, public sector, real estate, and solid waste industries. Ty pical customer project sites may include: (1) commercial and residential construction sites, (2) oil and gas and alternative energy sites, (3) public utility s ites, (4) mining sites, (5) quarries, (6) excavation sites, (7) waste management sites, and (8) other infrastructure development sites. For the purpose of its demonstration operations, Near Earth will select appropriate project sites based on safety

c onsiderations and any

restrictions imposed by

the FAA that are related to sUAS operations (“Appropriate Project Sites” or “APS”). As such, APS are limited to those pro ject sites that have the following operating environment: 1. APS will be located in rural areas, away from any urban or congested locations. 2. APS will be located on secured private property with restricted public access. 3. APS will be located more than 5 miles away f rom any airport, unless FAA

conditions are met and relevant approvals and/or letter of agreements are obtained. 4. APS will be located in Class G Airspace. 5. APS will be such locations where the property owner has approved the contemplated sUAS operations

. Near Earth will not operate the VAPOR 35/55 sUAS at project sites that are not determined to be APS. Todate, Near Earth has identified 4 APS that meet the foregoing requirements, where it seeks to begin its operations to the extent this Petition is granted. These 4 APSs are described with specificity

and attached hereto as part of Exhibit B in the CONFIDENTIAL S upplement. Because private information is contained in these attached APS descriptions, Near Earth asks the FAA to keep this material confidential. If its Section 333 exemption request is granted, Near Earth intends to expand its sUAS operations to other similar APS within the United States and will submit an amendment to this Petition if necessary

.13 B. Operator Qualifications

The VAPOR 35/55 sUA S will be operated at an APS by a PI C, who will be assisted by a ground

-based VO at all times during the operation. The VO will have a clear visual line

- of

- sight to the sUAS, and will be able to communicate verbally with the PI C at all times throughout the sUAS operation. The primary Near Earth PIC holds a FAA commercial rotary

-wing and instrument rating with military

rotorcraft experience. Other prospective Near Earth PICs have, at minimum, recreational pilot or private pilot licenses, which have been de emed suf ficient by the FAA for sUAS operations in previously

–granted petitions, provided other qualifications are met. In addition, all Near Earth PICs hold the requisite airman medical certificates (although these are no longer necessary

under the F

AA’srecent changes). All Near Earth PICs and VOs possess significant experience with and have demonstrated the appropriate skillset needed for fl ying sUAS. The Near Earth PI Cs have flown numerous practice flights in remote areas as hobbyists simulating flight s for future commercial use to gain familiarization with the characteristics of the sUAS performance under dif ferent temperature and weather conditions. Indeed, by meeting minimum flight

-hour and currency requirements, the Near Earth PICs can demonstrate that they are able to safel y operate the VAPOR 35/55 sUAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles, and structures. In addition, the Near Earth PI Cs practice computerized simulated flights to maintain adequate skills and response reflex time. With this experience, the Near Earth PICs can achieve an equivalent level of safety a s achieved by

current regulations because the risks of the Near Earth PI Cs operating the proposed sUAS at the APS are far less than the risk levels inherent in the commercial activities outlined in 14 CFR Part 61, et seq. The VAPOR 35/55 sUAS does not carry any p ilots or passengers. Moreover, research has shown that a pilot’ s license, while helpful, does not ensure remote control piloting skills or safe sUAS operation. Indeed, the FAA’ s recent changes to the Section 333 exemption request process supports Near Earth ’sposition. Those changes allow for sUAS operations by P IC s who hold a recreational or sport pilot certificate , certificates that are less costly and easier to obtain than a private pilot license. Additionally

, a third class medical certificate is no longer required. Instead, a sUAS operator onl y needs a valid driver ’sl icense to satisfy the medical requirement. This change is consistent with the agency ’sa pproach for sport pilot certificate holders, who may f ly l ight sport aircraft with a driver ’sl icense and no FAA medical certificate. In keeping with the FAA’ s current position, the Near Earth PICs hold, at a minimum, a recreational or sport pilot certification, valid driver ’sl icenses, and the previously required, but no longer necessary , medical certifications. C. Training If this Petition is granted by the FAA, the Near Earth PICs and VOs intend to test fly the sUAS outdoors, at the APS described above, or in locations bearing the same characteristics, to gain the requisite experience operating the VAPOR 35/55 sUAS. Near Earth will adopt the F AA ’s findings regarding sufficient training protocol for its PICs, whatever they may b e, prior to14

conducting any commercial operations of the sUAS, and proposes the following in this regard (taken from the training requirements outlined by the FAA in the Tr udeau Exemption, at pages 14

- 15, basing its analysis on the Astraeus Exemption) : “The PI C must have accumulated and logged at least 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

-rotor UAS. The PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, these minimum hour requirements will be inclusive rather than additive; that is, 5 hours using the same s ystem contemplated for operations may be included in the 10 hours of multirotor time and the 10 hours may b e included in the total 25 hours of UAS rotorcraft time. Inaddition to the hour requirements, the PIC will accomplish 3 take

- off s and landings in the preceding 90 days (for currency purposes).” This will ensure that the PIC obtains suf ficient flight experience to begin using the sUAS outdoors for the specified purposes outlined in this Petition. D. sUAS Flight Operations The purp ose of the ty

pical sUAS flight will be to safely , accurately

, and ef ficientl y demonstrate the capabilities of Near Earth products and services, listed in Section IV herein, for sales and marketing purposes. See Schedule 1 for Product Brochures of s1, s2 and g5. Every s UAS flight will use at minimum a two

-man flight crew, including the PIC and VO. The standard pre

- flight and operational procedure is as follows: 1. Meet at the APS and complete pre

- flight security , as appropriate for each APS. 2. Set up a “no

- entry” perimeter around the jobsite forbidding entrance by nonauthorized personnel. 3. Verify

that the project site is clear of non

- authorized personnel. 4. Drive to the area to be surveyed. 5. Ensure that all necessary e quipment, including the Flight Lo g, operating and flight manuals and checklists, and other documents are readily accessible. 6. The PIC begins to ready sUAS for flight. For detailed procedural rules, the PIC will refer to and follow the Pre

- Flight Procedure contained in the VAPOR 35 Aircraft Flight Manual.
a. Set up the handheld weather station on tripod. b. Check the airframe, connections, and rotors for any damage during transport to the APS.
c. Calibrate the camera, or other payload s ystem, as applicable. d. Turn on and ready the GCS.
e. Connect communication antennae to the GCS.15 f. Open Ground Station software and pull up the pre

-planned flight path. g. Remove the battery f or flight, measure current voltage, and log findings in the battery

manual. h. Strap the battery securely into the sUAS but do not attach the main power

. i. Move the sUAS to take

- of f point, approximately

50 feet from crew

. j. Attach the battery ’smain power

. k. Listen to the power up sequence of beeps from the electronic speed control (“ESC”) and motors. l. Set up traffic cones around the sUAS with a 50

- foot (approximate) radius. This is the “home” area; operators are not allowed inside this area while the electrical motor is running.
m. Activate engine power without moving the throttle up. Follow Pulse’ s compass calibration procedure, which records the “home” point.
n. Using the Ground Control Station, verify connection to the sUAS.
o. The sUAS should appear on the screen, along with a recorded home point, battery voltage, current altitude relative to the ground, and current velocity

. p. Upload the flight path data to the sUAS. q. Verify

good upload and connection.
r. Record the time and weather in Flight Lo g and Procedures , a form of which is contained in the V APOR 35 Aircraft Flight Manual.
s. The sUAS is now fully prepared and ready to go. 7. The PIC double checks that the take

- off area is clear of any foreign object debris (“FOD”) 8. At all times, the PIC will refer and follow the T akeof f Procedure contained in the VAPOR 35 Aircraft Flight Manual. 9. The PIC commands the aircraft to take of f and to fly

to the approximate survey altitude. 10. The VO verifies that the GCS has a good connection and is tracking the sUAS. 11. The VO or another crew member then begins to test, and/or to demonstrate to a customer, the payload capabilities at a continuous interval. 12. During the mission, the PIC and VO will always have VLOS with the aircraft and the PIC is will be prepared to take over flight operations manually a s needed to ensure safe operations. 13. PIC will reference the GCS Checklist contained in the VAPOR 35 Aircraft Flight Manual, as necessary

, throughout the mission. 14. The PIC’ s Ground Station has a flight battery monitor which is set to a minimum16 of 25% battery reserve. The timer begins from the point the throttle is moved out of its start position. 15. During flight, a secondary crew member monitors the GCS data (voltage, forward velocity , altitude, and estimated remaining time to complete the mission) and relays any sudden changes or alerts to the PIC. 16. As the mission completes, the PIC informs the secondary crew member he is taking back over control. 17. The PIC begins to land the sUAS, referencing the Landing Procedure contained in the V APOR 35 Aircraft Flight Manual. 18. After safel y landing, the PIC walks to the aircraft and unplugs the main power. He then makes a determination, based on the data collected and/or payload capability demonstration, whether the mission was successful. 19. If successful, the VO or any other crewmember leaves to go pick up ground control points (“GC Ps”), if any

. 20. The PIC checks battery voltage and records the value in the battery log. 21. The PIC records the flight time in the Flight Log. 22. The PIC turns of

f the GCS and any

payload (if applicable). 23. The PIC checks the airframe for any damage or loose connections resulting from the flight, and records any findings. 24. The PIC packs all equipment for transport. **VI. The**  **VA POR 35/55 sUAS**  **Equivalent Level of Safety** Near Earth proposes that the exemptions requested herein appl y to civil aircraft that have the characteristics and that operate within the limitations listed herein. These limitations provide for at least an equivalent or higher level of safety to operations under the current regulatory structure. The limitations and conditions to which Near Earth agrees to be bound when conducting commercial operations under an F AA issued exemption include:

1. The sUAS will not be flown at night and will be operated under visual meteorological conditions (“VMC”) or where visibility i s at least 3 statute miles from PIC. The use of first

-person-view (“FPV”) by the PIC or VO is not permitted. 2. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (“AGL”), with the majority o f flights anticipated to be operated at no more than 200 feet AGL. 3. The sUAS will not be flown at an airspeed exceeding 2 2 knots groundspeed. 4. The sUAS, including any payload, will weigh less than 55 lbs. 5. The PI C is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended17 landing point and land the sUAS with 25% battery power remaining.

6. The sUAS will be operated within 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 F

AA

- issued airman medical certificate. 7. All operations will utilize a VO. The VO and PIC will be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC will be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC will ensure that the VO can perform the functions prescribed in the operating documents. 8. The operating documents and the grant of exemption will be accessible during sUAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and will be followed. Otherwise, Near Earth will follow the procedures as outlined in its operating documents. Near Earth may update or revise its operating documents, to the extent permitted by Pulse, the sUAS manufacturer

. It is Near Earth’ s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. Near Earth will also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If Near Earth determines that any update or revision would aff ect the basis upon which the F

AA granted the exemption, then Near Earth will petition for amendment to the grant of exemption. The F AA’sUAS Integration Of fice (AFS

- 80) may

be contacted if questions arise regarding updates or revisions to the operating documents. 9. A briefing will be conducted in regard to the planned sUAS operations prior to each day ’s activities

. Itwill be mandatory that all personnel who will be performing duties in connection with the operations be present for this briefing. 10. Near Earth will file any necessary p aperwork in light of the exemptions with the appropriate Flight Standards District O ffice (“FSDO”). 11. Prior to each flight the PIC will inspect the sUAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that af fects the safe operation of the sUAS, the aircraft is prohibited from operating until the necess ary maintenance has been performed and the sUAS is found to be in a condition for safe flight. The GCS will be included in the preflight inspection. All maintenance and alterations will be properly documented in the aircraft records. 12. Any sUAS that has undergone maintenance or alterations that aff ect the sUAS operation or flight characteristics, e.g. replacement of a flight

- critical component, will undergo a functional test flight. The PIC who conducts the functional test flight will make an entry in the aircraft records. 13. The pre - flight inspection will account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 14. Near Earth will follow the sUAS manufacturer ’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.18 15. Near Earth will carry out its maintenance, inspections, and record

-keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts will be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the sUAS to service. 16. Each sUAS operated under this exemption will comply with all applicable Manufacturer Safety Bulletins. 17. The authorized person will make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 18. The sUAS will have redundancies and an independent flight termination system (FTS) that can be activated manually b y the PIC to ensure the overall safety and predictability of the sUAS. 19. Inthe event of a loss of communications or signal, the sUAS is programmed to return to its home base. 20. The sUAS will have the capability to abort a flight in case of unexpected situations or emergencies. 21. If the helicopter and its controller disconnect during flight, the system’ s failsafe autopilot system will automatically engage, and the helicopter will return to its home base and land automatically

, rather than flying off uncontrollabl y or landing at an unknown location. 22. The sUAS will only b e flown (i) in rural areas, away f rom any urban or congested locations, (ii) on secured private p roperty with restricted public access, (iii) in areas located more than 5 miles away f rom any airport, unless FAA

- conditions are met and relevant approvals or letter of agreements are obtained, (iv) in Class G Airspace, and (v) in such locations where the property owner has approved the contemplated sUAS operations. 23. The PIC, VO, and any additional crew members will comply with any additional safety regulations and protocols as may be required by

each site where the sUAS is flown. 24. Near Earth will communicate information about specific operations with Air Traf fic Control (A

TC) nearest to the flight site. 25. Near Earth will submit a precise description of proposed sUAS operations (Plan of Activities) to the local FSDO within 3 days prior to the sUAS operations. 26. Near Earth will obtain a COA prior to any operations under the grant of exemption, and seeks a “blanket” COA

in accordance with the interim policy recentl y announced by

the FAA. This COA

will also require the operator to request a Notice to Airmen (NOT AM ) not more than 72 hours in advance, but not less than 48 hours prior to the operation. 27. All aircraft operated in accordance with the exemption will be identified by s erial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings will be as large as practicable. 28. Before conducting operations, the radio frequency spectrum used for operation and control of the sUAS will comply with the FCC or other appropriat e government oversight19 agency requirements. 29. The documents required under 14 C.F.R. 91.9 and 91.203 will be available to the PIC at the GCS of the sUAS any time the sUAS is operating. These documents will be made available to the Administrator or any l aw en forcement of ficial upon request. 30. The sUAS will remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 31. Written and/or oral permission from the relevant property holders will be obtained, confirmed, and made available in writing upon request. 32. All required permissions and permits will be obtained from territorial, state, county , or city j urisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA

will be reported to the FAA's UAS Integration Of fice (AFS

- 80) within 24 hours. Accidents will be reported to the National Transp ortation Safety Board (“NTSB”) per instructions contained on the NTSB W eb site: www.ntsb.gov

. Satisfaction of the criteria provided 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

— provides more than adequate justification for the grant of the requested exemption allowing commercial operation of the sUAS pursuant to the rules of operation described herein. Additi onal information concerning the sUAS operational procedures is included in the VAPOR 35 Aircraft Flight Manual and the SUR VEY C opter GCS Software User ’sM anual, as well as training protocols and preflight procedures, Limitations of Operation for controlling air/ground space for demonstrations, and maintenance and operations checklists, attached to this Petition as Exhibits A

and B (CONFIDENTIAL S upplement), which Near Earth requests not to be made public. **VII. Privacy**  There is little risk that the propos ed use of the VAPOR 35/55 sUAS will result in any privacy violations because all flights will occur over private or controlled access property with the property owner ’sprior consent and knowledge. In addition, similar to the manned aerial acquisition fli ght operations that have been conducted for decades, Near Earth ’sproposed operation of the VAPOR 35/55 sUAS will not implicate any p rivacy i ssues. S pecifically

, the VAPOR 35/55 sUAS will only beoperated pursuant to (i) the specific conditions and limitations set forth herein, and (ii) in accordance with the Federal Aviation Regulations, to the extent not exempted. **VIII. Public Inter** **est and Safety** Various industries routinely utilize workers on the ground to monitor, take photos, and conduct surveys o f project sites. Project sites in the oil and gas, power, mining, excavation, and construction industries are known to be unsafe. Hazards at these sites include (1) exposure to dangerous chemicals, (2) unsafe ground conditions due to uneven terrain, debri s, construction20

materials, and heavy equipment that lead to on - site injuries, and (3) extreme temperatures which can lead to related illness and injury

. Near Earth develops payloads for use with sUAS to address these issues, and seeks to demonstrate the c apabilities of its products and services to prospective customers engaged in the aforementioned hazardous activities and who expose workers to the various hazards, with the intent to have their products and services render the activities safer for humans. Use of the VAPOR 35/55 sUAS in connection with the demonstration of Near Earth ’s products and services will increase ground safety b y ultimately

b eing used by

customers to reduce ground surveying and the hazards associated therewith. By u sing sUAS over th e project sites, rather than putting workers on the ground, the hazards stemming from these conditions will be removed. This public benefit cannot be achieved if companies like Near Earth cannot responsibly

test and demonstrate the capabilities of cutting

- edge commercial technologies whose very purpose is to address these safety concerns. The use of the sUAS for these purposes will achieve significant economic efficiencies as well. By demonstrating its products and services in flight using a sUAS, Near Earth can reduce the time required for product optimization by obtaining customer feedback quicker in a far more cost

- effective way

than demonstrating the capabilities using manned aircraft. Indeed, some of the products and services are specificall y designed for use with a sUAS, and need to be tested with a sUAS. The end

-users (Near Earth customers and their customers) will derive economic benefit as well. By reducing the time and cost, and by improving the ef

fectiveness of aerial data acquisition, end users will reduce costs to their customers, bring in more business, and provide greater job stability

to their employees, which will ultimately contribute to the growth of the U.S. economy . Finally , as mentioned before, inspections and monitoring of project sites by the sUAS will help end

-users identify dangerous conditions, and may prevent serious injury

to employees and other on- site and near- site personnel. Improved financial performance through the commercial use of sUAS will help provide a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive. For all these reasons, the sUAS operations contemplated by Near Earth achieve a level of safety equal to or greater than that which would be achieved by f lying a much larger manned aircraft carrying crew and flammable fuel for the same purposes. **IX. Exemptions Requested under**  **Section 333** Near Earth requests that an exemption be grante d from the following regulations: **A. 14 CFR Part 21**  **B. 14 CFR 43.7**  **C. 14 CFR 43.1**  **1 D.**  **14 CFR 45.1 1**  **E. 14 CFR 45.21**  **F. 14 CFR 45.23(b)**  **G. 14 CFR 45.29**  **H. 14 CFR 61.1**  **13(a) and (b) I.**  **14 CFR 67 J.**  **14 CFR 91.7(a)**21 **K. 14 CFR 91.9(b)(2)** 

**L. 14 CFR 91.9(c)**  **M. 14 CFR 91.103(b)**  **N. 14 CFR 91.109**  **O. 14 CFR 91.1**  **1 9**  **P. 14 CFR 91.121**  **Q. 14 CFR 91.151(a)**  **R. 14 CFR 91.203(a) and (b)**  **S. 14 CFR 91.405(a)**  **14 CFR 91.407(a)(1) 14 CFR 91.409(a)(2)**  **14 CFR 91.417(a) and (b)** The regulations and the basis for an exemption are set forth as follows. **A. 14**  **CFR Pa**  **rt 21**  **Certification Procedu**  **res for**  **P ro**  **ducts and**  **Parts**

—

prescribes the procedural requirements for issuing and changing design approvals, production approvals, airworthiness certificates, and airworthiness approvals. Near Earth requests an exemption from 14 CFR Part 21 to the extent applicable. This exemption meets the requirement for an equivalent level of safety pursuant to Section 333 based on the small size, light weight, relatively slow speed, safety and fail

- safe system specifications of the VAPOR 35/55 sUAS , and its use in controlled rural environments on private land with restricted public access, as described previousl y in this Petition. Moreover, the VAPOR 35/55 sUAS carries no fuel and is therefore not at risk of fuel spillage and fire in the event of an accident. If the exemption is granted, and an airworthiness certificate is not required, noise certification and testing also will not be required. See FAA, Public Guidance for Petitions for Exemption Filed Under Section 333 (September 25, 2014), at 4. In any event, the VAP OR 35/55 sUAS is a small, battery

powered s ystem designed to emit very little noise. Notwithstanding the foregoing, the FAA has previously determined that relief under Part 21 is not necessary

f or petitioners who have presented facts substantially s imil ar to those presented b y Near Earth . (See Exemption Nos. 1 11 09, 1 111 4, 1 1062, 1 11 36, 1 11 38, referenced in Section I , above). **B. 14**  **CFR 43.7**  **Persons authorized**  **to appr** **ove air** **craft, airframes,**  **air craft**  **engines, pr** **opellers, appliances,**  **or c**  **om ponent**  **parts for**  **r e** **turn to**  **service after**  **maintenance, preventive**  **maintenance, rebuilding,**  **or a** **lteration**

—

provides that the holder of a mechanic certificate or a repair station certificate may approve an aircraft, airframe, aircraft engine, propeller, appliance, or component p art for return to service.
Near Earth requests an exemption from 14 CFR 43.7. The VAPOR 35/55 sUAS is comprised of parts and components that are not dissimilar from a model aircraft, and the contemplated operators of the VAPOR 35/55 sUAS , who will maintain and when necessary22

repair the sUAS, have engineering degrees. The operators will conduct inspections and maintenance based on maintenance guidelines contained in the CONFIDENTIAL S upplement The capabilities of these operators to maintain and repair the V APOR 35/55 sUAS will meet the requirements for an equivalent level of safety pursuant to Section 333 for the ty pe of sUAS, its intended use, and the intended operating environment and locations. **C. 14**  **CFR 43.1**  **1 Content,**  **form, and**  **disposition of**  **records for**  **i nspections**  **conducted under** 

**p arts**  **91 and**  **125**

—

provides, in pertinent part, that maintenance record entries be maintained and a record for the listing of discrepancies and placards by inspectors be maintained. Near Earth requests an exemption from 14 CFR 43. 11

. The VAPOR 35/55 sUAS central frame is less than 23 inches high. There is no room on the sUAS to store or display p lacards or records. Additionally

, no inspections for the VAPOR 35/55 sUAS have been conducted or certified by

F AA at the present time. However, as a condition to the approval of exemption, Near Earth will keep log books of all maintenance and repairs, and such log books will be available at each project site during the sUAS operations. **D. 14**  **CFR 45.1**  **1 Marking**  **of Products** 

— prescribes, in pertinent part, that the manufacturers of aircraft, engines and propellers mark such aircraft, engines, or propellers with an approved fireproof identification plate. Near Earth requests an exemption from 14 CFR 45.1 1. The VAPOR 35/55 sUAS , due to its small size , does not have room for fireproof identification plates to be placed in it. Any required fireproof identification plates could become hazardous due to the additional weight and strain placed on the sUAS. **E. 14**  **CFR 45.21**  **General**

— prescribes, in pertinent part, that no person may operate a U.S.

-registered aircraft unless that aircraft displays nationality and registration marks in accordance with the requirements of this section and §§45.23 through 45.33. Near Earth requests an exemption from 14 CFR 45.21. T o date, no requirements or procedures for obtaining a registration mark for a sUAS have been established by the FAA. However, as a condition to the approval of exemption, Near Earth is willing to be assigned a registration number and to display it to the extent practicable. **F. 14**  **CFR 45.23(b)**  **Display of**  **Marks; general** 

— prescribes, in pertinent part, that when marks include onl y the Roman capital letter “N” and the registration number is displayed on limited, restricted, or 2 light

- sport category aircraft or experimental or provisionally

c ertificated 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. Near Earth requests an exemption from 14 CFR 45.23(b), to the extent applicable. The VAPOR 35/55 sUAS center airframe is less than 23” in height. Due to its small size, the VAPOR 35/55 sUA S does not have room to display aircraft marks in a conventional size. However, as a condition to the approval of exemption, Near Earth is willing to affix an appropriatel y sized aircraft mark to the VAPOR 35/55 sUAS mainframe. The word “Experimental” (a s applicable) will be placed on the center frame of the23

VAPOR 35/55 sUAS in compliance with §45.29(f). However, a partial exemption from this display regulation is requested as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the words such as “Experimental” can be placed. Given the size of the sUAS, two

- inch lettering will be impossible. The equivalent level of safety will be provided by having the VAPOR 35/55 sUAS marked on its center frame as required by § 45.29 (f), where the PIC, observer and others working with the sUAS will see the identification of the sUAS. The requested exemption is consistent with previous exemptions issued by the FAA

—the FAA has previously determined that relief under 14 CFR 45.23(b) is not necessary for petitioners who have facts substantiall y similar to those presented by Near Earth

. (See Exemption Nos. 111 09, 1111 4, 11 062, 111 36, 111 38, referenced in Section I , above). **G. 14**  **C.F**

**.R. 45.29:**  **Size of**  **Marks**

— prescribes , in pertinent part, that the registration marks for rotorcraft must be at least 12 inches high. Near Earth requests an exemption from 14 CFR 45.29. The VAPOR 35/55 sUAS, due to its small size, does not have any surface area large enough to display marks that are 12 inches high. As a condition to the approval of exemption, however, Near Earth is willing to affix an aircraft mark to the main frame of the sUAS. The size of the marking will be determined by the mainframe size. **H. 14**  **CFR 61.1**  **13(a) and**  **(b) Private**  **pilot privileges**  **and limitati**  **ons: Pilot**  **in command** 

—

prescribe that (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as the PIC of an aircraft; (b) A

private pilot may

, f or compensation or hire, act as PIC o f an aircraft in connection with any

business or employ

ment if (1) the flight is only incidental to that business or employ ment; and (2) the aircraft does not carry passengers or property for compensation or hire. Near Earth requests an exemption from 14 C.F.R. 61.1 13. Under § 61.1 13 (a) and (b) private pilots are limited to non- commercial operations. However, the Near Earth PI C can achieve an equivalent level of safety a s achieved by

current regulations because the VAPOR 35/55 sUAS does not carry any pilots or passengers. Furthermore, a pilot license does not ensure adequate remote control piloting skills; only RC operating experience can establish such skills. For conducting safe sUAS operations, it is more important that the PIC of the sUAS be experienced, particularl y with the sUAS at issue, than for the PIC to have a pilot’ s license. The PICs operating under this exemption will be experienced. Near Earth has demonstrated that its PICs hold, at minimum, a recreational pilot’ s license, and have flown numerous practice flights in remote areas as a hobbyists simulating flights for future commercial use to gain familiarization with the characteristics of the sUAS perf ormance under different temperature and weather conditions. The Near Earth PICs also practices computerized simulated flights to maintain adequate skills and response reflex time. Finally , the Near Earth PICs have many ye ars of recreational sUAS flight exp erience and a deep knowledge of sUAS systems, and, therefore, meet or exceed the present level of safety envisioned under this Section.24 Near Earth recognizes that the FAA, in addressing other Section 333 exemption requests,

has made it clear that it does not have the requisite authority to exempt a petitioner from the statutory requirement to hold an airman certificate under 49 USC § 4471 1, and has found that a pilot certificate would ensure that a PI C passes the security screening of the Department of Homeland Security. In April 2015, however, the FAA relaxed its position and changed the Section 333 exemption request process to allow PICs with sport or recreational pilot licenses to conduct sUAS operations such as those help by Near Earth PICs. The FAA also eliminated the need for a PIC to hold a third class medical certificate. If the FAA is unwilling to grant Near Earth ’srequest for a full exemption from 14 C.F.R. 61.1 13, Near Earth asks that the FAA grant it the same relief that it has granted to other petitioners who presented substantially s imilar facts to those of Near Earth

. See Exemption Nos. 111 09, 1 111 4, 1 1062, 1 11 36, 1 11 38, referenced above, and the F AA’srecently

publicized changes to the Section 333 Exemption request process. For example , in the Trudeau Exemption, the FAA required the PI C to obtain at minimum, a private pilot license and outlined a training program to substantiate the PICs experience. Near Earth has already adopted the same training program. **I. 14**  **CFR Pa**  **rt 67**  **Medical St**  **a ndards**  **and Certification** 

—gives the FAA the authority to issue the necessary

m edical standards and certifications for pilots. FAA Notice 8900.227, paragraph 16.c.(4) PIC Medical, states, in pertinent part, that the PIC must maintain, at a minimum, a valid F AA s econd

- class medical certificate issued under 14 CFR Part 67, Medical Standards and Certification, or the FAA

recognized equivalent. Paragraph 16.e.(1) of the same Notice requires, in pertinent part, that all observers must have a valid FAA second

- class medical certificate issued under part 67; an FAA

-recognized equivalent is an acceptable means of demonstrating compliance with this requirement. The FAA notes that the notice referenced above is now incorporated into F AA Order 8900.1, vol. 16, ch. 4., sec . 1. Near Earth requests an exemption from FAA Notice 8900.227, paragraph 16.c.(4) and 16.e.(1) which requires that a PI C require a valid FAA second

- class medical certificate under 14 CFR 67. Near Earth ’scurrentl y contemplated PICs currentl y hold a vali d FAA medical certificate. Notwithstanding the foregoing, Near Earth respectfull y submits that a second

- class medical certificate is unwarranted in this instance because (i) the sUAS is no dif ferent a model aircraft, weighs less than 55 lbs. including payl oad, and will not carry any p ilot or passengers, (ii) the area of operation is controlled and restricted, and (iii) all flights will be planned and coordinated in advance with an auto

-pilot feature and fail

- safe programs to account for user error. There is little chance that the medical condition of the PIC will aff ect the VAPOR 35/55 sUAS operations in any unsafe or damaging way

. More importantly

, in light of the FAA’ s recent decision to allow PICs to operate sUAS with only a driver ’slicense and without a third class medical certificate, Near Earth asks that the FAA grant it the same relief from FAA Notice 8900.227, paragraph 16.c.(4) and 16.e.(1), that it has granted to other petitioners who presented substantially similar facts to that of Near Earth

. **J. 14**  **CFR 91.7(a)**  **Civil air** **craft airworthiness** 

— prescribes that no person may operate a civil aircraft unless it is in an airworthy condition.25 Near Earth requests an exemption from 14 CFR 91.7(a). Currentl y there is no standard

for determining the airworthiness of a sUAS, and no airworthiness certificate can be issued for the V APOR 35/55 sUAS should this exemption be granted. An equivalent level of safety i s met, given the size, weight, and performance specifications of the VAPOR 35/55 sUAS , as well as the requirements contained in the flight operations described above, including the maintenance procedures and use of safety check lists prior to each flight that have been submitted as part of the CONFIDENTIAL Supplement. **K. 14**  **CFR. 91.9(b)(2**  **) Civil**  **air cr**  **aft flight**  **manual, ma**  **rking, and**  **placard requir** **ements**

—

prescribes, in pertinent part, that no person may operate U.S.

- registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. Approvals are granted under 14 CFR 91.203 (a) and (b). Near Earth requests an exemption from 14 CFR 91.9(b)(2). F irst, there is currentl y no approval process for Airplane or Rotorcraft Flight Manuals. Second, the FAA has previously determined that relief from this section is not required, provided that relevant materials are kept in a location accessible to the PIC in compliance with the regulations. See the Tr udeau Exemption at pg. 17. Near E arth has provided a flight operations manual and relevant materials for use during the sUAS operations, which it requires to be readily accessible to the PIC and VO during all sUAS operations. **L. 14**  **C.F**

**.R. 91.9(c)**  **Civil air** **craft flight**  **manual, ma**  **rking, an**  **d placard**  **requir ements** 

—

prescribes that “(c) No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter .” Near Earth requests an exemption from 14 CFR 91.9(c). As previousl y stated, there is no current registration process for sUAS; and the VAPOR 35/55 sUAS , due to its small size, does not have room to contain fireproof placard or to display aircraft marks in a conventional size. However, as a condition to the approval of petition, N ear Earth is willing to affix an appropriatel y sized aircraft mark to the mainframe of the sUAS, if necessary

. **M. 14**  **CFR 91.103(b)(2)**  **Pr eflight**  **action**

— prescribes that each PI C shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include... (b) For any f light, runway

l engths at airports of intended use, and the following takeoff and landing distance information: (1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeof f and landing distance data is required, the takeof f and landing distance data contained therein; and (2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway s lope, aircraft gross weight, and wind and temperature. Near Earth requests an exemption from 14 CFR 91.103(b)(2). Currently , there is no approval process for Airplane or Rotorcraft Flight Manuals. However, the Near Earth PI C will, prior to conducting any s UAS operations, become familiar with all available information concerning that flight. Such actions, described at length in this Petition, will include reviewing weather conditions and visibility , flight battery

l ife, landing and takeof

f distances, and all other26

aircraft performance data prior to any sUAS operations. The flights of the VAPOR 35/55 sUAS will only b e conducted at APS, with the PIC and VO having extensive knowledge of the operating environment. **N. 14**  **CFR 91.109**  **Flight instruction;**  **Simulated instrument**  **flight and**  **certain flight**  **tests**

— prescribes, in pertinent part, that no person may operate a civil aircraft (except a manned free balloon) that i s being used for flight instruction unless that aircraft has fully functioning dual controls. Near Earth requests an exemption from 14 CFR 91.109. Remotely p iloted aircraft, including the VAPOR 35/55 sUAS , are designed and constructed without dual control s. Flight control will be accomplished through the use of a control box that communicates with the aircraft via radio communications. The equivalent level of safety i s provided by

the limited size and speed of the aircraft and by the fact that neither a pi lot nor passengers will be carried in the aircraft. Moreover, the V

APOR 35/55 sUAS has a control system with four modes that allows for varying mission control to achieve maximum safety and controlled operation of the VAPOR 35/55 sUAS

. **O. 14**  **CFR 91.1**  **19 M** **inimum safe**  **altitudes: General** 

— prescribes that, except when necessary f or takeoff or landing, no person may operate an aircraft below the following altitudes: (a) Any where. An altitude allowing, if a power unit fails, an emergency

l anding without undue haz ard to persons or property on the surface. (b) Over congested areas. Over any congested area of a city , town, or settlement, or over any open - air assembl y of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsel y populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any p erson, vessel, vehicle, or structure. (d) Helicopters, powered parachutes, and weight

- shift

- control aircraft. If the operation is conducted without hazard to persons or property on the surface

... (1) A helicopter may b e operated at less than the minimums prescribed in paragraph (b ) or paragraph (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specificall y prescribed for helicopters by the FAA; and (2) A powered parachute or weight

- shift

control aircraft may

b e operated at less than the minimums prescribed in paragraph (c) of this section. Near Earth requests an exemption from 14 CFR 91.1 19. Near Earth will not operate the VAPOR 35/55 sUAS at an altitude higher than 400 feet AGL. Furthermore, while Near Earth will not be operating over any congested areas, the sUAS will necessarily b e flown within 500 feet of the structures it will be examining. The requirements set out in this petition for the sUAS operations contemplated by Near Earth provide for an equal or greater level o f safety than that which would be provided by the operation of manned aircraft maintaining a distance of at least “500 feet to any p erson, vessel, vehicle, or structure,” in light of the small size and relatively l ight weight of the sUAS, the close monitoring of the flight by both the PIC and the secondary ground crew member, the remote and secured nature of the operating environment, and the other detailed operating limitations described in this Petition.27 **P. 14**  **CFR 91.121**  **Altimeter s**  **ettings**

—

prescribes, in pertinent part, each person operating an 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.” Near Earth requests an ex emption from 14 CFR 91.121. Near Earth will not operate the VAPOR 35/55 sUAS above 400 feet AGL, nor will it operate the sUAS at a sustained cruising altitude like a manned aircraft. The laptop used in the ground station has live feedback information about the sUAS operation, including but not limited to, the altitude of the sUAS, its forward velocity

, and the compass heading. The PIC will be able to observe and control the maximum altitude of the sUAS at all times. Additionally , the sUAS will be operated within the line of sight. For all these reasons, an equivalent level of safety to that contemplated by S ection 91.121 will be provided. **Q. 14 CFR 91.151(a) Fuel r** **equir ements for**  **flight in VFR conditions**

— prescribes that no person may

begin a flight in an airplane under visual flight rules (VFR) conditions unless (considering wind and forecast weather conditions) there is enough fuel to fl y 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. Near Earth requests an exemption from 14 CFR Part 91.151(a). The V APOR 35/55 sUAS will be operated in a manner that is at least as safe as the operation of a manned aircraft c omplying with Part 91.151(a) because the sUAS will only b e flown in daylight, and the short distances over which the sUAS will be operated (substantially l ess than one mile) will allow the sUAS to be flown to a safe landing point within the area of operati on in a short period of time. During the entire pre -programmed flight, the PIC will always have a visual line of sight and be prepared to take over. The PI C’ s GCS has a flight count down timer, which is set to a minimum of 25% battery reserve; more than enough to safel y fl y the sUAS back to the designated “home” area. Given the limited size and speed of the sUAS, its ability to land safel y almost any where, the fact that it will be under the PIC and VO’ s visual observation at all times, and will be operated in a tightly

c ontrolled area, where all people other than the PIC and VO will be removed before flight, permitting its operation with less than 30 minutes of reserve “fuel” (battery life) does not engender the type of risks that Section 91.151(a) was intended to alleviate. **R. 14**  **CFR 91.203(a)**  **and (b**  **) Civil**  **air craft:**  **Certifications requir** **ed**

— . Section 91.203(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it has within it

—(1) An appropriate and current airworthiness c ertificate; and (2) An effective U.S. registration certificate issued to its owner or, for operation within the United States, the second cop y of the Aircraft Registration Application as provided for in § 47.31(c). Section 91.203(b) prescribes, in pertinent part, that no person may

operate a civil aircraft unless the airworthiness certificate 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

. Near Earth requests an exemption from 14 CFR 91.203(a) and (b). First, there currently28

are no procedures set forth by the FAA for providing airworthiness certificates for sUAS. As a condition to the approval of exemption, however, Near Earth will display on the sUAS a registration certificate or equivalent that is issued by F AA pursuant to this petition at the ground point control, where the operator will have immediate access to it. Second, the UA

V that Near Earth will use weighs less than 55 pounds, and has an equivalent, if not greater, level of safety a s manned aircraft with an airworthiness certificate. The flight controller and GCS provides a number of safety features in addition to acting as the command and sUAS controller

. Because of the use of GPS with the sUAS, the operator will set the initial location of flight takeoff (“Home” Wayp oint) and if the radio control link is broken, the flight controller will recognize this broken control link and cause the UA V to automaticall y return to the Home way

point as recorded by the GPS instrumentation. In the restricted environment and under the conditions proposed, operation of the sUAS will be at least as safe as a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate, but without the restrictions and conditions proposed by Near Earth

. Near Earth will not accept assignments from clients who are within 5 miles of controlled airspace without first gaining written and/or oral permission from air traffic control (A TC) , and obtaining a letter of agreement from airport management

. The VAPOR 35/55 sUAS to be operated hereunder is less than 55 pounds inclusive of batteries and technical payload, carries neither a pilot nor passengers, and carries no explosive materials or flammable liquid fuels

. The VAPOR 35/55 sUAS will be tightly c ontrolled and monitored by

the PIC and VO, and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation. The FAA will have advance notice of all op erations. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates. Lastly

, application of these same criteria demonstrates that there is no credib le threat to national security

p osed by

the VAPOR 35/55 sUAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial payload. **S. 14**  **CFR 91.405(a)**  **Maintenance Requir** **ed, 91.407(a)(1)**  **Operation after**  **maintenance, preventive**  **maintenance, rebuilding,**  **or a** **lteration, 91.409(a)(2)**  **Inspections, 91.** 
**- 417(a)**  **and (b)**  **Maintenance Records** 

— Section 91.405(a) prescribes, in pertinent part, that each 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, Maintenance, Preventive, Maintenanc e, Rebuilding, and Alteration. Section 91.407(a)(1) prescribes that no person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by ap erson authorize d under § 43.7 of this chapter

. Section 91.409(a)(2) prescribes, in pertinent part, that no person may

operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21. Section 91.417(a) and (b) prescribe, in pertinent part, that

... (a) 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, and29 other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records will include

... (i) a description (or reference to data acceptable to the Administrator) of the work performed; (ii) the date of completion of the work performed; and (iii) the signature and certificate number of the person approving the aircraft for retur n to service. (2) Records containing the following 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 all items installed on the aircraft that 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 in spection program under which the aircraft and 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 revis ion date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) for each major alteration to the airframe and currently installed engines, rotors, prope llers, and appliances. (b) The 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 performed. (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 § 43.1 1 shall be retained until the defects are repaired and the aircraft is approved for return to service. Near Earth requests an exemption from 14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.

- 417 (a) and (b)

. Near Earth respectfull y submits that it has demonstrated in its Petition that the capability

o f the PI C and sUAS operators to maintain and repair the VAPOR 35/55 sUAS meets Section 333’ s requirement for an equivalent level of safety

. The PI C will perform routine maintenance and inspection of the VAP OR 35/55 sUAS and be authorized to approve the VAPOR 35/55 sUAS for return to service. Additionally , the PIC will ensure that the VAPOR 35/55 sUAS is in an airworthy condition prior to any

flight, and will conduct detailed inspections pursuant to the maintenance manuals. Detailed inspection records will be kept at all times by Near Earth

. Given the size, construction, and simplicity o f the VAPOR 35/55 sUAS , an equivalent level of safety is provided. **X. Certificate of**  **Authorization or W**  **aiver** This exemption request is a prerequisite to Near Earth ’sa pplication for a commercial COA to use the VAPOR 35/55 sUAS for the purpose of demonstrating its products and services in connection with marketing and sales to customers interested in aerial acquisition and monitoring of secure project sites, including without limitation construction, excavation, transportation infrastructure, mining, and oil and gas sites.30

**XI. Conclusion**  Near Earth respectfull y submits that it has demonstrated that (i) the VAPOR 35/55 sUAS is safe, reliable, and will satisfy the FAA’ s airworthiness assessment, (ii) the PIC and VO have the requisite knowledge and experience to ensure the safe operation of the V APOR 35/55 sUAS, (iii) Near Earth has provided and will comply with the operation procedures and parameters that further ensure safe sUAS operations in the NAS, removing any legitimate threat of harm to humans and property, including other manned aircraft, and (iv) Near Earth ’sproposed operations, which include without limitation, the use of the VAPOR 35/55 sUAS to demonstrate its products and services for use in aerial data acquisition, monitoring, mapping, and surveying of secure project sites for the benefit of a variety of industries, achieve a l evel of safety equal to or greater than that which would be achieved by f lying a larger manned aircraft carrying crew and flammable fuel for the same purposes. In addition, permitting use of the VAPOR 35/55 sUAS will achieve various economic and environmental benefits, as well as significant efficiencies, associated with cost, labor, and safety , that serve the public interest. Near Earth asks that the FAA grant its request for exemption from the above described FARs under Section 333, and approve its operation of the VAPOR 35/55 sUAS in the national airspace in accordance with the limitations and restrictions set forth herein.