1 of 14 10/16 /2015 James Taggart , Owner Aerial Drone Services LLC PO Box 162 Leeds Point, NJ 08220

U.S. Department of Transportation Docket Operations 1200 New Jersey Ave. ,SE Washington, DC 20590

**RE:** Petition for Exemption and Relief from Specific Regulations of Title 14

o f the Code of Federal Regulat ions Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Public Law 112

- 95) Regarding Commercial Employment of Unmanned Aircraft Systems ( UAS)

To Whom It May Con cern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.P.R. Part 11, Aerial Drone Services LLC , hereafter known as “ADS ”, requests exemptions from the Federal Aviation Regulations listed below to allow ADS to conduct commer cial operations with the Draganflyer X4Es, , DJI Phantom Vision Plus, (small Unmanned Aircraft System "sUAS"), to provide, among other things, commercial operations of its Aircraft for training, demonstrations, aerial photography and videography, and low altitude geospatial data collection, as further defined herein, by a Pilot in Command holding, as minimum, a private pilot certificate.

**APPLICANT** : James Taggart, Owner Aerial Drone Services LLC PO Box 162 Leeds Point, NJ taggartjames@hotmail.com 609

- 892

- 9909

Signed:

James Taggart2 of 14

**INTRODUCTION**
Aerial Drone Services, LLC is developing UAS services to help meet the growing need to use small Unmanned Aerial Systems ( sUAS ) in various data collection applications, and to support, aerial photography/videography techniques, and geospatial mapping. To achieve these goals, our program must engage in sUAS operations for research, education and training purposes. Due to the natur e of our work, these flights will occur predominantly in rural areas, away from human activities. UAS’s are emerging as an effective means of conducting research that before would have been possible only from manned aircraft. Our work seeks to integrate the safe and effective use of UAS’s to the benefit of society at large.
The proposed operations would permit the use of small UAS’s under controlled conditions in airspace that is limited, predetermined, away from populated areas, and would provide an incr eased level of safety beyond that existing when fixed or rotor wing aircraft are used to accomplish the same purpose. The UAS's planned to be operated are rotorcraft and fixed wing aircraft, each weighing typically less than 15 lbs., and always less than 5 5 lbs., including payload. They would operate, under normal conditions, at a speed of no more than 50 knots.

The principal construction mat erial of the UAS aircraft would typically be foam, carbon fiber, aluminum and/or plastic. Operations will be performed by a qualified UAS Pilot in Command ( PIC), as outlined bel ow, to insure that the UAS will "not create a hazard to users of the national airspace system (NAS) or the public." Given the small size of the UAS involved and the pre -planned environment withi n which they will operate, the applicant believes that these operations fall 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 UAS to commence immediately.

Also, due to the size of the UAS and the pre

- defined, area in which the UAS will operate approval of the application presents no national security issue. The operation of UAS by knowledgeable professionals will serve to enhance safety, add to3 of 14

the public benefit, and reduce environmental impacts related to current methods of manned aircraft flight operations.

These limitations and conditions to which the operator, or its employees, acting as UAS PIC agrees to be bound when conducting commercia l operations under a FAA issued exemption:

1) Operations authorized by this grant of exemption are limited to the following aircraft: Draganflyer X4ES and DJI Phantom Vision Plus

.
2) UAS (aircraft and payload) will weigh less than 55lbs.

3) UAS will be operated at altitudes not greater than 400 feet AGL. Altitudes reported to ATC will be in feet AGL.

4) UAS will be flown at ground speeds not greater than 87 knots.

5) The UAS PIC will hold either an airline transport, commercial, private, recreational or sport pilot certificate. The PIC will also hold a current FAA airman medical certificate or a valid U.S driver’s license issued by a US state. The PIC must also meet the recent flight experience requirement stated in 14 CFR § 61.57 and flight review requirements state d in 14 CFR § 61.56.

6) In addition to holding an FAA issued airman certificate, UAS PIC must complete an Aerial Drone Services training program. This training will include detailed review of manufacturer's operating manuals and practical demonstration of ability to safely operate UAS in a manner consistent with how the UAS will be operated under this exemption (to include evasive and emergency maneuvers and maintaining appropriate distances from persons, vehicles, vessels and structures).

7) UAS will not be operated within 5 nautical miles (NM) of an airport having an operational control tower, or 3 NM of an airport with a published instrument flight procedure but not an operational control tower, or 2 NM of an airport4 of 14

without a published instrument flight procedure or operational control tower, or 2 NM of a heliport with a published instrument flight procedure. Flights will be opera ted in Class G airspace whenever possible. If operation in other airspace is required, the relevant controlling agency will be notified at least 24 hours prior to the operation and, if required, any necessary permission obtained 8) UAS flights will operate wi thin visibility and cloud clearance requirements equival ent to Visual Flight Rules(VFR 9) UAS operations will not be conducted during night. 10) The UAS will remain clear of and yield right of way to manned aviation operati ons 11) UAS will be operated within visual l ine of sight (VLOS) of the PIC at all times. The PIC will use human vision unaided by devic es other than corrective lenses 12) UAS operations will employ a visual observer (VO). The VO and PIC must be able to communicate verbally for the duration of the flight . Electronic messaging or texting will not be used to satisfy the communications requirement 13) The Visual Observer ( VO ) will perform no duties other than assisting the PIC see and avoid other aircraft, obstacles, persons or propert y 14) UAS will be equipped with an autopilot system that includes GPS navigation, failsafe, return

- to

- home (RTH)

and flight abort safety features 15) Prior to each flight the PIC will inspect the UAS and Ground Control Station to ensure they are in condition for safe flight. Checklists deve loped from manufacturer operating documents will be the basis for this inspection. If the inspection reveals a condition that affects safe operation of the UAS, operations other than maintenance tests are prohibited until necessary maintenance has been per formed and the UAS is found to be in a safe condition for flight 16) All UAS operations will be conducted over sparsely populated property or over open waters. Permission for flight will be obtained in advance from property owners or controlling agency5 of 14

17) The Ground Station will be connected, by radio communication, to the UAS during the entire flight, which will give the PIC flight information such as GPS Position, Altitude, Air speed, Battery Remaining, and other telemetry information 18) Flight boundaries will be e stablished for each flight and such boundaries will be designed such that the UAS aircraft will pass no closer than 500 feet from nonparticipating persons, vehicles or structures 19) If the UAS loses communications, the UAS aircraft will return to a predetermi ned location within the established flight boundary and land or be recovered in accordance with manu facturer's operations documents 20) The PIC will abort any flight in the event of unpredicted obstacles, occurrence of adverse weather or loss of UAS flight con trol capability in accordance with

manu facturer's operations documents 21) The PIC will not begin a flight unless (considering wind and forecast conditions) there is enough power to fly the planned mission and land the UAS with 25% of battery capaci ty remainin g 22) Documents required by 14 CFR § 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the UAS whenever the aircraft is operating. These documents will be made available to the Administrator or any law enforcement offici al upon requ est 23) A Flight Operations and Maintenance Log will be maintained for each UAS. Cumulative flight hours, maintenance activities, repairs, alteration s and inspections will be noted 24) A functional test flight will be conducted following any UAS maintenance or alt erations that affect UAS operation or flight characteristics, e.g. replacement of a flight critical component. The PIC who conducts the functional test flight will make an entry in the Flight Operations and Maintenance Log6 of 14

**FEDERAL REGISTER SUMMARY**

Pursuant to 14 CFR §1 1.81, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

ADS seeks exemption from the following regulations 14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 CFR 61.113(a)(b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2)(c); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 9 1.203(a)(b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); CFR 91.409(a)(1) and (a)(2); 14 CFR 91.417(a)(b),to allow commercial employment of Unmanned Aerial Systems (UAS) in support of research, education and UAS platform development in the area of training op erators for videography, search and rescue, and geospatial remote sensing. This exemption will enhance safety by reducing risk to the general public and property owners from the substantial hazards associated with p erforming equivalent work with conventio nal aircraft and rotorcraft.

**The extent of relief we seek and the reason we seek the relief**
**14 CFR Part 21, Subpart H**
**– Airworthiness Certificates and 14**  **CFR § 91.203(a)(1)**

The FAA has stated that no exemption is needed from this section if a finding i s made under Part 11 and Section 333 of the Reform Act that the UAS selected provides an equivalent level of safety when compared to civil aircraft normally used for the same application. The petitioner submits that given the small size of the UAS, the limited operating areas and procedures defined within the training and operations section of the petition, an equivalent level of safety is obtained and exemption is not required (see Grant of Exemption to Astraeus Aerial, Docket No. FAA

- 2014

- 0352). If howeve r, the FAA determines that there are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is requested.7 of 14

**14 CFR Part 27**
**– Airworthiness Standards: Normal Category**  **Rotorcraft**

14 CFR Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent petitioner’s UAS would otherwise require certification under Part 27, petitioner seeks exemption for the same reasons identified in the request for exemption from 14 CFR Part 21, Subpart H.
**14 CFR § 45.23 (a)(b) and 91.9 (c)**
**– Marking of the Aircraft** 
Regulation 45.23 provides: (a) Each operator of an aircraft must display on that aircraft marks consisting of the Roman capital letter “N” (denoting Unite d States registration) followed by the registration number of the aircraft. Each suffix letter used in the marks displayed must also be a Roman capital letter. (b) When marks include only the Roman capital letter “N” and the registration number is displaye d on limited, restricted or light sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport,” “experimental,” or “provisional,” as applicable.
Regulation 91.9 (c) provides: No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in

acco rdance with part 45 of this chapter.
The proposed UAS have no entrance to the cabin, cockpit or pilot station on which markings can be placed. Given the small size of the UAS, two

- inch lettering will not be possible. In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft “have identification (N

-Number) markings in accordance with 14 CFR Part 45, Subpart C if the markings are as large as practicable.” The petitioner additionally p roposes to place all required markings, placards, flight envelope restrictions, cautionary notices in an easily visible location at the UAS Ground Control8 of 14

Station. The FAA has issued several exemptions to this regulation: see Exemptions Nos. 8738, 10167, 1 0167A and 10700.

**14 CFR § 91.9(b) (2)**
**– Aircraft Flight Manual in the Aircraft** 
Regulation 91.9 stipulates (b) No person may operate a U.S.

- registered civil aircraft

— (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.
Given the size of the UAS, they have no place or ability to carry a f light manual aboard the aircraft. An equivalent level of safety will be achieved by keeping the flight manual at the Ground Control Station where the pilot operating the UAS will have immediate access to it. The FAA has issued several exemptions to this re gulation: see Exemptions Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 10167, 10602, 32827 and 10700.
**14 CFR § 61.113 (a)(b) and 61.133(a)(i)(ii)**
**– Private and**  **Commercial Pilot Privilege and Limitations**
Regulation 61.113 stipulates (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as p ilot in command of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircra ft does not carry passengers or property for compensation or hire.
Regulation 61.133 stipulates (a) Privileges

— (1) General. A person who holds a commercial pilot certificate may act as pilot in command of an aircraft

— 10 (i) Carrying persons or property f or compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation; and9 of 14

(ii) For compensation or hire, provided the person is qualified in accordance with this p art and with the applicable parts of this chapter that apply to the operation.
Unlike a conventional aircraft that carry pilot, passengers and cargo, the proposed UAS are remotely controlled and carry no persons or cargo. The UAS are capable of a high degree of flight automation and employ technical capabilities that limit the potent ial for operation in an unintended manner.
It is the petitioner’s belief that given the size, weight, speed, operating environment and operating capabilities of the UAS, an equivalent level of safety may be obtained by stipulating the UAS PIC must hold e ither an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territor y, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. The FAA has issued several exemptions to this regulation : see Exemptions Nos. 11284, 11281, 11282 and 11296.
**14 CFR § 91.7(a)**
**– Civil Aircraft Airworthiness** 
Regulation 91.7 stipulates (a) No person may operate a civil aircraft unless it is in an airworthy condition. Should this exemption be granted allowing c ommercial operation of UAS without an airworthiness certificate, no FAA regulatory standard will exist for airworthiness of the UAS. An equivalent level of safety will be obtained by ensuring compliance with UAS operator and maintenance manuals and safety checklists prior to each flight.

**14 CFR § 91.121**
**– Altimeter Settings** 
Regulation 91.121 requires that (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

— (1) Below 18,000 feet MSL, to

— (i)10 of 14

The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a) (1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure.
Conventional aircraft are provided altitude data by a barometric altimeter that is most commonly set to a local barometric pressure and therefore reports altitude relative to MSL (Mean Sea Level). UAS operations are restricted to altitudes no greater than 400 feet AGL (Above Ground Level). For those UAS with a barometric sensor, greater utility and an equivalent level of safety will be obtained by setting the altimeter to read “zero altitude” when the UAS is on the ground prior to takeoff thus pr oviding an AGL altitude readout. If no barometric sensor is aboard the UAS, a GPS derived altitude similarly set to zero at the takeoff point will provide an equivalent level of safety. The FAA has issued several exemptions to this regulation: see Exemptio ns Nos. 11066, 11065, 11062 and 11063.

**14 CFR § 91.151**
**– Fuel Requirements for Flight in VFR Conditions** 
Regulation 91.151 stipulates that (a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

— (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. This regulation is written based on the capabilities of traditional civil aircraft which typically have flight times with full fuel of several hours. For the majority of UAS which have flight times of an hour, or much less, this regulation would effective ly deny an ability for the UAS to operate. The11 of 14

petitioner submits that an equivalent level of safety will be obtained by requiring that no UAS flight will begin unless (considering wind and forecast conditions) there is enough fuel (battery) to fly the planned route to the first point of intended landing and land with 25% of battery capacity in reserve. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

The FAA has issued several exemptions to this regulation: see Exemptions Nos. 2689F, 5745, 10673 and 10808.
**14 CFR § 91.405(a), 91.407(a) (1), 91.409(a) (2), 91.417(a) and (b)** 
**– Maintenance Inspections** 
Regulation 91.405(a) requires that an aircraft operator or owner “shal l have that aircraft inspected as prescribed in Subpart E of this Part, and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in Part 43 of this chapter...” Regulation 91.407(a) (1) similarly makes 12 reference to requirements in Part 43. Regulation 91.409(a) (2) requires an annual inspection for the issuance of an airworthiness certificate. Regulation 91.417(a) and (b) requires the owner or operator to keep records showing certa in maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to service.
Exemption from these regulations is needed because Part 43 and these sections apply only to aircraft with an airworthiness certificate. An equivalent level of safety will be obtained by requirement that each UAS will have a flight and maintenance log. Maintenance and inspections will be accomplished in accordance with manufacturer recomme ndations. The FAA has issued several exemptions to this regulation: see Exemptions Nos. 11066, 11062, 11067A and 11065.

**14 CFR § 91.103**
**– Preflight Action** 
Regulation 91.103 stipulates each pilot in command shall, before beginning a flight, become familia r with all available12 of 14

information concerning that flight. This information must include

— (a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC; (b) For any flight, runway lengths 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 takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and (2) For civil aircraft other than those specified in paragraph (b)(1) of this sect ion, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature.
The petitioner seeks exemption to the extent that an FAA

approved Flight Manual is required. An equivalent level of safety will be provided by following the Operations Manual provided by the manufacturer. Additionally, the PIC will conduct preflight actions, to include performing all required checklists, r eviewing weather, flight requirements, battery charge, landing and takeoff distance, aircraft performance data, and contingency landing areas, before initiation of flight.

**14 CFR § 91.109**
**– Flight Instruction** 
Regulation 91.109 stipulates, in part, that ( a) No person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAS by their design do not have fully functional dual controls. Flight control is a ccomplished through the use of a control interface that communicates with the aircraft via radio. Given the size, speed and limited operational parameters of the UAS, an equivalent level of safe training can be performed without dual controls. The FAA has issued several exemptions to this regulation: see Exemptions Nos. 11066, 11062, 11067A and 11065.13 of 14

**14 CFR § 91.119**
**– Minimum Safe Altitudes** 
Regulation 91.119 stipulates, in part, that, except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (a) anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface. (b) Over congested areas. Over any congested area of a city, town,

or se ttlement, or over any open air assembly 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 sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
An exemption to 91.119(c) is required because UAS operations will be conducted at altitudes no greater than 400 feet above the surface. The size, speed, weight and limited operational parameters of the UAS allow for an equivalent level of safety.

**WHY GRANTING THIS PETITION IS IN THE PUBLIC INTEREST**
As introduced above, the requested exemption would authorize the Applicant to perform commercial operations with sUAS that will provide significant benefits to the public interest: 1. The commercial use of sUAS to perform aviation research and educational act ivities at ADS in support of agricultural crop monitoring, and development of geographic information systems all of which are critical to the well

-being of the general public. 2. A significant reduction in costs to conduct research, training and education pro grams. At present, our geographic information systems program use aerial surveys can cost tens of thousands of dollars. By incorporating sUAS into the program we can incur significant savings and more efficiently offer coursework in the public interest at a lower cost to the student. 3. The use of sUAS will decrease congestion in the National Airspace System along with reducing the noise and air14 of 14

pollution generated during traditional manned aircraft flight operations. 4. When using UAS to complement field personn el, they reduce safety concerns when gathering data from inaccessible or unstable/unsafe areas and in extreme weather or terrain. 5. Operation of sUAS will substantially reduce the risk to life and property in the air, and on the ground, which is commonly ass ociated with traditional manned aircraft flight operations for marine science missions. 6. Similar to the current manned aircraft flight operations in marine science that have been conducted for many decades, sUAS used for similar tasks will not generate any new privacy issues.
Approval of this exemption would thereby enhance safety and fulfill the Secreta ry of Transportation’s (the FAA Administrator's) responsibilities under Section 333(c) of the Reform Act to "Establish requirements for the safe operation o f such aircraft systems in the national airspace system." Approval of this exemption will allow for safer, more efficient and less costly geospatial data collection, and produce much higher data quality.