U.S. Department ofTransportation, DocketOperations West Building Ground Floor, Room w12-140 1200 NewJersey Avenue, S.E. Washington, DC 20590



## Petitionfor Exemption Under 14CFR 

# § 11.81 toAllowCommercial Use ofUnmannedAircraft Systems

December 8, 2014



### Petitioner: HawkAerial, LLC Kevin J. Gould, CEO 114 Homesteads Rd. Placitas, NM 87043 Cell: 425-218-3723 Email: kevin.gould@hawkaerial.com Website: www.hawkaerial.com

Greetings, This application is substantially based on the FAA's findings in Exemption No. 11062 granted to Astraeus Aerial on September 25, 2014, and in reliance on theanalysis provided therein.

1. Sections from which exemptions are sought: Application is hereby made for exemption from:
a. FAA Modernization and Reform Act of2012, PL 112-95 FEB. 14, 2012, Section 333 b. 14 CFR Part 21, subpart H

c. 14 CFR Part 61.113(a) and (b) d. 14 CFT Part 91:

2. Relief sought: 

### i. 91.103(b)(2) ii. 91.105 

### iii. 91.109 iv. 91.119

v. 91.121 vi. 91.151 vii. 91.405 viii. 91.407

ix. 91.409

x. 91.417

a. HawkAerial wishes to operate Unmanned Aircraft Systems for commercial purposes to include (but not limited to) videography, photography, inspections and analyses. This relief is sought because commercial use of UAS's is currently prohibited by law unless performed under an exemption. b. This exemption will cover use ofthe following airframes, all ofwhich will weigh less than 55 pounds including payload and energy sources: i. MUL TIROTOR service-drone G4 models 

### ii. DJI Phantom and Inspire models 

### iii. Altavian Nova modelsiv. Other models to be added by future amendmentto this exemption. 3. Public benefit:

a. Use ofUAS technologyto obtain imagery, information and data currently obtained by use ofmanned flight or manual methods: i. Reduces statistical risk to human life dueto manned aircraft accidents (e.g., powerline inspections) and dueto other dangerous activities thatcan be avoided (e.g., scaffolding/rigging failures during stackor bridge inspections). ii. Reduces thecost ofobtaining such information, which benefits consumers and the economy. iii. Reduces environmental impact by eliminating sources of hydrocarbon emissions from manned aircraft. 4. Safety notadversely affected:

a. Aircraftwill be registered and marked in accordance with Section 44711 and Part 47 and Part 45, Subpart C. b. Aircraftwill comply with maintenance and inspection requirements ofthe manufacturer. All repair and maintenance workwill be conducted orapproved by qualified personnel such as those authorized by Robotic Skies (orequivalent), and will require a testflight aftersuch work. Records ofall maintenance and repair workwill be kept in a maintenance log for each aircraft.

c. All flightoperations will be conducted by two individuals who will maintain verbal communication capabilitywith each other atall times during theflight, and who will remain stationary on the ground during theflight operations: i. A Pilot In Command who possess thefollowing credentials: 1. An Airman Certificate issued under 14 CFR 61 (private pilot license) screened by theTSA 2. AThird Class medical certificate issued under 14 CFR 67. 3. A Bi-annual flight review under 14 CFR 61.56 4. A completion ofa course of instruction in safe UAS flying conducted by Unmanned Experts Inc. (or equivalent instruction). 5. At least 200 cycles and 25 hours offlight experience in a UAS rotorcraft (or UAS fixed-wing in the case offixed-wing flight operations underthis exemption). Such cycles and hours may be gained during flights under this exemption ifa safe distance is maintained from persons in accordance with 14 CFR 91.119. 6. At least 5 hours offlight experience and 3 takeoffs and landings in make and model being flown in the prior 90 days. Such cycles and hours may be gained during flights underthis exemption ifa safe distance is maintained from persons in accordance with 14 CFR 91.119. ii. AVisual Observer. d. All flight operations will be conducted in accordance with valid Certificates of Authorization
e. All flight operations will comply with the following: i. The manufacturers'Aircraft Flight Manuals and operation guidelines 

### ii. HawkAerial flight operations policies including lost communication and other emergency and safety procedures. 

### iii. Conducted in VMC conditions during daylight hours iv. PIC and VO will maintain VLOS atall times.

v. Pre-flight inspections (including ground control station, ifany) and safety risk assessments will be conducted priorto each flight vi. Flight altitudes will remain below 400 feet above ground level vii. Flight ground speeds will notexceed 50 knots. viii. Not intrude into Class B, CorDairspace, or published approach, SID or STAR, or take place within 5 miles ofan airport

### ix. Not be made near persons as required in 14 CFR 91.119 and notover persons on the ground withouttheir prior permission

x. Each flightwill be logged in both the PIC's logbookand the aircraft logbook xi. Not exceed 75% ofthe battery orfuel capacity ofthe aircraft, or 30 minutes, whichever occurs first. xii. Any incidents will be reported within 24 hours ofoccurrence. xiii. HawkAerial will maintain liability insurance ofat least $1,000,000 issued by Transport Risk Management, Inc. (orequivalent qualified insurer). xiv. Any applicable local FSDO requirements.

xv. All other applicable regulations concerned with the operation ofaircraft. f. Aircraft will use 2.4 GHz for control ofthe aircraft, and 5.8 GHz for sending data.

Please advise us ofany additional information orchanges thatare required.

Sincerely, 

# I**~r·** Airman Certificate #2830326 CEO, HawkAerial LLC