Page 1 of 16Page 2 of 16 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No.

_______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: HAZON SOLUTIONS, LLC

FOR AN EXEMPTION SEEKING RELIEF FROM TH E REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a), 61.133(b)

, 91.119(c), 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a) (1)& (2), 91.417(a) , 121 CONCERNING OPERATION OF UNMANNED

AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE

F AA MODERNIZATION AND REFORM ACT OF 2012

Submitted on January 26, 2015

David Allen Culler, Jr.,

CEO HAZON Solutions, LLC

545 S. Birdneck Road

Suite 201

- B Virginia Beach, VA 23451 ( 757) 374

- 3280Page 3 of 16 Table of Contents

Glossary of Abbreviations

......... ... ... ............... .................................... .. ... 4

List of Attachments..............................

... ....................................... .. .....5

Introduction and Interes t of Petitioner...................................................

.. ..5

Unmanned Aerial Systems

..................... .. ... . ....................................... . ... 5

Unmanned Aircraft Pilot in Command (PIC)

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

Operatio ns of sUAS

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

Requested Exemptions from Regulations

......... ... .................................... . ... 1 2

Public Interest...........................................................................

. .......1 5

Conclusion.......................................................................................1 6Page 4 of 16 Glossary o f Abbreviations

AGL Above Ground Level

ATC Air Tr affic Control

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

MAAP Mid Atlantic Aviation Partnership

NAS National Airspace System

PIC Pilot in Command PQS Personnel Qualification System

Section 333 FAA Modernization and Reform Act of 2012, Section 333

SOP Standard Operating Procedures

sUAS Small Unmanned Aircraft Systems

VFR Visual Flight Rules

VMC Visual Meteorological Conditions

VT Virginia Polytechnic Institute

VO Visual Observer

VLOS Vis ual Line of SightPage 5 of 16 List of Attachments

(1) HAZON Standard Operating Procedures Extract, Chapters 1

- 4 and

Checklists/ Forms (2) DJI Phantom 2 Operating Manual (3) DJI S1000+ Operating Manual (4) Draganflyer X4

- ES sUAV Operating Manual (5) Draganflyer G round Station Operating Manual (6) Certificate of Authorization (COA) 2014

- ESA

- 160

The six attachments listed are referenced in the request for exemption and contain trade secret and commercial proprietary information that HAZON has not and will not shar e with others except under appropriate confidentiality agreements. The HAZON Standard Operating Procedures (SOP) attachment contains operating conditions and procedures that have been developed exclusively by HAZON, and that are not available to the publi c. HAZON is requesting that these attachments be treated as proprietary information pursuant to 14 C.F.R. Section 11.35, and maintains that they are protected from release under the

Freedom of Information Act. See 5 U.S.C. 552 et seq

.

Section 1: Introdu ction and Interest of Petitioner

HAZON

, Veteran owned and operated, is the leading developer of s UAV service operations, training, s afety and management programs. The mission of HAZON is to support, develop and validate unmanned system operations. Our goal is to provide unmatched quality and safety.

HAZON has safely conducted FAA approved COA , (2014

- ESA

- 160) for infrastructure inspection with Virginia Tech (MAAP)

.

Section 2: Unmanned Aerial Systems

Regarding the Unmanned Aircraft System

1. Pet itioners should describe how the proposed UAS operation will be safely conducted to minimize risk to the NAS or to persons and property on the ground. Specifically, petitioners should describe the design and operational characteristics for the type(s) of U AS they intend to operate, e.g. aircraft performance and performance limitations, operating procedures, and aircraft loading information in as much detail as possible. This could be provided in the petition or in an Aircraft Flight Manual or similar docume nt. NOTE: The FAA will consider all information and data submitted by the petitioner that describes the UAS developmental and operational history. This could include statistical data or other documentation for the specific design and performance character istics of the UAS, including the operational history and operational failure modes, obtained through previous Research & Development (R&D) and/or flight test activities, e.g. operations conducted under a COA, with a civil airworthiness certificate, or unde r other authorized operating conditions.Page 6 of 16 2. Petitioners should describe any procedures they would implement, such as pre

- flight inspections, maintenance, and repair, to ensure that the UAS is in a condition for safe flight. This could be provided in the petition, an Aircraft Flight Manual, a Maintenance and Inspection Manual, or similar document. NOTE: The Aircraft Flight Manual and Maintenance and Inspection Manual may be separate documents or combined in a single document

3. The petitioner should desc ribe the Radio Frequency (RF) spectrum used for control of the UAS and associated equipment that is part of the UAS (i.e., sensors, cameras, etc.), and whether it complies with Federal Communications Commission (FCC) or other appropriate government oversig ht agency requirements. NOTE: Petitioners should be able to provide the FCC approval letter or show compliance with FCC requirements upon request

.

General Information Pertaining to All P roposed sUAS

HAZON intends to operate less than fifty

- five pound sU AS , with the ability to conduct vertical takeoff and landings, hover and carry payloads consistent with conducting aerial infrastructure inspections.

Prior to each flight the PIC shall inspect the sUAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the sUAS, the

aircraft will be prohibited from operating until the necessary maintenance has been performed and the sUAS is found to be in a condition for safe flight. The Ground Contr ol Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in aircraft records. All discrepancies noted shall be documented as

described in the HAZON SOP ( Chapter 1, Para 111 )

.

Any sUAS that has undergone maintenance or alterations that affect the s UAS operation or flight characteristics , e.g. replacement of a flight critical component, shall undergo a functional test flight in accordance with the manufacturers manual and HAZON SOP ( Chapter 1 , Par a 111) . The PIC who conducts the functional test flight shall make an entry

in the sUAS aircraft logbook of the flight.

HAZON shall follow the manufacturer’s s UAS aircraft/component, maintenance, overhaul, replacement, inspection and life limit require ments, with particular attention to flight critical components that may not be addressed in the manufacturer’s manuals.

HAZON shall carry out their maintenance, inspections and record keeping requirements, in accordance with the operator’s manual. Mainte nance, inspection, and alterations must be noted in the aircraft log book, including total flight hours, description of work accomplished, and the signature of the authorized maintenance technician returning the

sUAV to service. HAZON SOP (Chapter 1, Para 111).

Each sUAS operated under the proposed exemption shall comply with all manufacturer System and Safety Bulletins.Page 7 of 16 HAZON technicians will receive and document training referenced in the manufacturer’s operations man ual

.

HAZON technicians shall make a record entry in the sUAS logbook or equivalent document of the corrective action taken against discrepancies discovered between inspections.

Before conducting operations, the radio frequency spectrum used for operation and control

of the sUAS shall comp ly with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements

.

DJI Phantom 2

HAZON seeks an exemption to operate DJI Phantom 2 sUAS, for compensation or hire.

The DJI Phantom 2 is comprised of a quad ro tor unmanned aircraft and a handheld ground

control station. The Phantom II has a maximum gross weight of approximately 2.8 pounds, diameter (rotor span) 23.75 inches, width of 12.5 inches, and height of 8.1 inches. The Phantom II is equipped with four r otors driven by four lithium polymer battery powered

electric motors.

Design and o perational c haracteristics are provided in DJI Phantom 2 Operating Manual (Page 35). Flight crews shall conduct pre

- flight inspections as documented in HAZON

SOP (Chapter 2 Para 202 ) and DJI Phantom 2 Operating Manual (Page 24).

DJI S1000+

HAZON seeks an exemption to operate a DJI

- S1000 sUAS for compensation or hire. The

DJI

- S1000+ is comprised of a multi

- rotor unmanned aircraft and two handheld ground

control stations. The DJI

- S1000 has a maximum gross weight of approximately 24 pounds, diagonal wheelbase of 41.4 inches, and height of approximately 18 inches. The DJI

- S1000 is equipped with eight rotors driven by eight lithium polymer battery powered electric

motors.

Design and o perational c haracteristics are provided in DJI S1000+ Operating Manual (Page 22).

Flight crews shall conduct pre

- flight inspections as documented in HAZON SOP (Chapter 2 Para 202) and DJI S1000+ Operating Manual (Page 4).

Draganflyer X4

- ES

HAZON seeks an exemption to operate a DraganFlyer X4

- ES sUAS for compensation or hire. The DraganFlyer is comprised of a quad rotor unmanned aircraft and two handheld ground control stations. The DraganFlyer has a maximum gross weight of approximately

5. 6 pounds, diameter (rotor span) of 42 inches, width of 34 inches, and height of 11 inches. The DraganFlyer is equipped with four rotors driven by four lithium polymer battery powered electric motor s

.Page 8 of 16 Design and o perational c haracteristics of the Draganfl yer X 4

- ES are provided in Draganflyer X4

- ES Operating Manual (Page s 77

- 80) and Ground Station Operating Manual (Page s 75

- 76).

Flight crews shall conduct pre

- flight inspections as documented in HAZON SOP (Chapter 2 Para 202), Draganflyer X4

- ES Operating Ma nual (Pages 52

- 54) and Draganflyer Ground Station Operating Manual (Pages 62

- 64 ).

Section 3: Unmanned Aircraft Pilot in Command (PIC)

Regarding the Unmanned Aircraft PIC

4. Petitioners should describe the qualifications required of any PIC(s) who will be directly responsible for the operation of the UAS, including information such as: the level of airman certificate held; any applicable training related to the operation; and any minimum hours of flight experience required by the PIC(s), both total flig ht time and the time with the particular UAS. If the operation would use visual observers, petitioners should describe their roles and qualifications.

5. Petitioners should describe the medical standards and certification of the PIC(s) directly responsib le for the operation of the UAS.

All HAZON Flight Crews

, including PIC and Visual Observers (VO)

, will be qualified as directed by HAZON SOP (Chapter 1, Para 108)

.

A ll flight crew members

, including PIC and VO

, will have an understanding of, and comply with, Title 14 Code of Federal Regulations, and/or Agency directives and regulations, applicable to the airspace where the sUAS will operate. Specifically al l flight

crew members will receive training on the rules and responsibilities described in 14 CFR Part 91 Sections 91.111, 91.113 and 91.115 regarding cloud clearance, flight visibility and the pilot controller glossary, including standard ATC phraseology and communication.

The PIC must possess at least a current private pilot certificate and third class medical

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

Prior to operations conducted for the purpose of infrastructure in spection (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR Section 61.51(b), a minimum of 25 hours of total time as a s UAS pilot and at least ten hours logged as a s UAS pilot with similar s UAS type (fixed wing or rotary). Prior documented flight experience that was obtained in compliance with applicable regulations may satisfy this requirement. Training, proficiency, and experience building flights are requested to be conducted under this grant of except ion to accomplish the required flight cycles and flight time. During training, proficiency, and experience building flights, all persons not essential for flight operations will be considered non

- participants and the PICPage 9 of 16 will operate the sUAS with appropr iate distance from non

- participants in accordance with

14 CFR Section 91.119.

Prior to operations conducted for the purpose of infrastructure inspection (or similar operations), the PIC must have accumulated and logged in a manner consistent with 14

CFR S ection 61.51(b), a minimum of five hours as a sUAS PIC operating the make and model of the sUAS to be utilized for operations under this requested exemption, and three

take

- offs and landings in the preceding 90 days. Training, proficiency, experience

buil ding, and take

- off and landing currency flights are requested to be conducted under this grant of exemption to accomplish the required flight time and 90 day currency. During training, proficiency, experience building, and take

- off and landing currency fl ights all personnel not essential for flight operations are considered nonparticipants, and the PIC must operate the sUAS with appropriate distance from nonparticipants in accordance with

14 CFR Section 91.119.

Al l operations must utilize a VO . The VO m ay be used to satisfy the Visual Line of Sight (VLOS) requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. This condition and limitation is consistent with all FAA approved Exe mptions.

Section 4: Operations of s UAS

Regarding the Operation of the Unmanned Aircraft

6. Petitioners should fully describe their intended UAS operation(s). Petitioners should describe how the proposed operation(s) would not adversely affect safety, or how they would provide a level of safety at least equivalent to that provided by the rule from which exemption is sought. Petitioners should address any plans to implement clearly defined operational borders and procedures to ensure public safety, which includes persons and property both in the air and on the ground. This can be described in the petition, in an Operations Manual, or similar document. NOTE: The FAA will closely examine the proposed operation(s) with respect to safety of flight, NAS safet y considerations, and the safety of the non

- participating persons and property during the operational period and within the operational area.

7. Petitioners should specify the proposed maximum operating speed and altitude, and describe minimum flight vis ibility and distance from clouds for their intended operation(s). Petitioners should describe potential hazards and safety mitigations associated with these proposed conditions. These issues can be addressed in the petition, an Operations Manual,

or simila r document.

The sUAS shall remain clear and yield the right of way to all other manned aviation operations and activities at all times.

The sUAS shall be operated at an altitude of no more than 400 feet above ground level (AGL). All altitudes reported to ATC will be in feet.Page 10 of 16 The sUAS shall not be flown at a ground speed exceeding 30 mph.

sUAS Operations will be conducted under visual meteorological conditions (VMC). The sUAS will not be operated less than 500 feet below or less than 2000 feet horizon tally from a cloud or when visibility is less than 3 statute miles from the PIC.

If the sUAS loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in

accordance with HAZON SOP

.

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

The sUAS PIC 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.

The sUAS operated in accordance with this proposed exemption shall be identified by serial numbers, registered in acco rdance with 14 CFR part 47, and have identification (N

Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

The sUAS documents required under 14 CFR 91.9 and 91.203 shall be available to the PIC

at the Ground Control Station of the sUAS anytime the aircraft is operating. Those documents shall be available to the Administrator or any law enforcement official upon

request.

Any sUAS incident s , accident s or flight operation s that transgress the lateral or vertical boundaries of the operational area as defined by the applicable COA shall be reported to the FAA’s UAS Integration Office (AFS

- 80) within 24 hours. Accidents shall be reported to the National Transportation Safety Board (NTSB) per instructions co ntained on the NTSB

Web site: www.ntsb.gov

.

Unless otherwise specified in this petition, the sUAS PIC, and the sUAS operations shall comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 4 7, 61

and 91.

8. Petitioners should describe the characteristics of the area of intended operation(s) and the associated potential hazards, in accordance with the statutory mandate under Section 333 regarding proximity to populated areas. These issues can be addressed in the petition, an Operations Manual, or similar document.

The sUAS shall not be operated over congested or densely populated areas. These areas include but are not limited to the yellow areas depicted on World Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). Each

work site will also be evaluated based on local conditions.Page 11 of 16 Operations of HAZON sUAS may be conducted at distances less than 500 feet from participating persons, vessels, veh icles or structures that perform an essential function in connection with these special purpose operations. Operations closer than 500 feet from the PIC, VO, operator trainees and essential persons are permitted when operationally necessary; but never so close to present an undue hazard. This is consistent with Exemption No. 11138.

Operations of a HAZON sUAS may be conducted at distances less than 500 feet from unoccupied vessels, vehicles or structures owned by the land owner/controller when the

land ow ner/controller grants such permission

, and the PIC makes a safety assessment of the risk from operations and determines that it does not present an undue hazard to persons or

property

. This is consistent with Exemption No. 11138.

Flight operations will b e conducted at least 500 feet from all nonparticipating persons

unless b arriers or structures are present that sufficiently protect nonparticipating persons

from the sUAS and/or debris in the event of an accident. HAZON shall ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the sUAS , flight operations will cease immediately. This is consistent with Exemption No. 11138.

All operations o f sUAS shall be conducted with the permission from the land owner/controller or authorized representative. Permission from the land owner/controller or authorized representative will be obtained for each flight to be conducted.

9. Petitioners should desc ribe if they intend to operate in the proximity of any airports, in accordance with the statutory mandate under Section 333 regarding proximity to airports.

sUAS shall not be operated within 5 nautical miles of the geographic center of an airport as

deno ted on a current FAA published aeronautical chart.

10. The UAS must be operated within visual line

- of

- sight (VLOS), in accordance with the statutory mandate under Section 333(b)(1). Petitioners should describe how they intend to comply with his mandate.

The sUAS must be operated within VLOS of the PIC and VO at all times. This requires the

PIC to be able to use human vision to see the sUAS unaided by any device other than corrective lenses, as specified on the PIC’s FAA issued medical certificate.

All sUAS operations must utilize a VO. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. The PIC and VO must be designated before

the fli ght and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the functions prescribed in HAZON’s SOP (Chapter 1, Para 103)

.

The sUAS will not be operated by the PIC from any moving device or v ehicle. Operations will not be conducted during night as defined in 14 CFR 1.1.Page 12 of 16 11. Petitioners should describe any procedures they would implement for conducting a preflight safety risk assessment to determine that the UAS is in a condition for safe f light (14 CFR § 91.7(b)) and that the planned operation can be completed safely. These procedures can be addressed in the petition, an Aircraft Flight Manual, Operations Manual, or similar document.

HAZON will conduct preflight safety risk assessments to determine that the sUAS is in a condition for safe flight (14 CFR Section 91.7(b)) and that the planned operation can be completed safely. Specific procedures are addressed in HAZON’s SOP (Chapter 2, Para 202), and sUAS Operation Manuals

.

12. If petit ioners intend to conduct operations which have existing requirements to notify Flight Standards District Offices (FSDOs) prior to operations

– such as motion picture and television filming, or pipeline and powerline patrol

– petitioners should describe the ir intended coordination in this regard for their proposed operation(s).

HAZON ’s line of sight aerial infrastructure inspection operations do not require a

notification to Flight Standards District Off ices (FSDOs)

.

13. The FAA intends to require entitie s who obtain an exemption under this process to also obtain a Certificate of Waiver or Authorization (COA) from the FAA Air Traffic Organization prior to conducting operation(s) in the NAS.

HAZON shall obtain an Air Traffic Organization (ATO) issued Cert ificate of Waiver or Authorization (COA) prior to conducting any operations under this requested grant of exemption. Additionally, HAZON will request a Notice to Airmen (NOTAM) not more than 72 hours, but not less than 48 hours prior to the operation.

Se ction 5: Requested Exemptions from Regulations

Considered Regulation Title Recommended Action

14 C.F.R Part 21.185 Airworthiness

Certificate HAZON recommends that in consideration of the size, weight, speed and limited operating area

associated with thi s aircraft and its operation, the Secretary of Transportation determines that these

aircraft meet the co nditions of

Section 333. R elief is not

necessary

.Page 13 of 16 14 C.F.R. Part 45.23(b) Display of marks HAZON sUAV shall be identified by serial number, regis tered in accordance with 14 CFR part 47, and have identification (N

- Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable. Relief is not necessary

. 14 C.F.R. Part 61.113(a) Private pilot privileges and

limitations The FAA has found in previous grants of exemption that a PIC with a private pilot certificate operating a sUAS would not adversely affect operations in the NAS or present a hazard to persons or property on the ground. Request relief with

limit ations and conditions specified in this petition. 14 C.F.R. Part 61.133( b ) Commercial pilot privileges and

limitations The FAA has found in previous grants of exemption that a PIC with a private pilot certificate operating a sUAS would not adversely affe ct operations in the NAS or present a hazard to persons or property on the ground. Request relief with

limitations and conditions specified in this petition. 14 C.F.R. Part 91.7(a) Civil Aircraft

Airworthiness HAZON recommends that in

consideration of th e size, weight, speed and limited operating area

associated with this aircraft and its operation, the Secretary of Transportation determines that these

aircraft meet the co nditions of

Section 333. R elief is not

necessary

. 14 C.F.R. Part 91.9(b)(2) &(c) C ivil Aircraft Flight Manual, Marking,

and Placard Requirements The FAA has previously determined

that relief from these sections is not necessary. Relevant materials may be kept in a location accessible to the PIC in compliance with the regulations. Reli ef is not

necessary

. 14 C.F.R. Part 91.103 Preflight Action HAZON will perform

. Relief is not

necessary

.Page 14 of 16 14 C.F.R. Part 91.109(a) Flight Instruction HAZON will conduct all flight training through procedures specified in Training Instruction during ded icated training sessions. Based on previous decisions made by the FAA for sUAS petitions regarding thi s regulation, r elief is
not necessary. 14 C.F.R. Part 91.119(c) Minimum Safe

Altitude Aircraft will be operated below 400 AGL, but not over congested ar eas. Request relief with limitations and conditions specified in this petition

. 14 C.F.R. Part 121 Altimeter Settings The proposed aircraft have a

barometric altimeter and GPS derived altitude capabilities.

HAZON recommends that the

altimeter be set to zero feet AGL rather than local barometric pressure or field altitude before flight. Considering the limited altitude of the proposed operations

. Request

relief with limitations and conditions specified in this petition

. 14 C.F.R. Part 91.151(a) Fuel R equirements

in VFR Prior relief has been granted for

manned and unmanned aircraft to operate at less than prescribed

minimums. Request relief with

limitations and conditions specified in this petition

. 14 C.F.R. Part 91.203(a) and (b) Certifications

R equired Original intent of these regulations was to display an aircraft’s airworthiness, certification and registration documents so they would be easily available to inspectors and passengers. Based on the FAA Memorandum subject, “Interpretation regardin g whether certain required documents may be kept at an unmanned aircraft’s control station,” dated August 8, 2014, relief is not necessary

. 14 C.F.R. Part 91.405(a) Maintenance Required Request relief with limitations and conditions specified in this peti tion.Page 15 of 16 Public Interest

HAZON’s operations of sUAS to perform aerial infrastructure inspections will reduce risk

to life and property by dec reasing the requirement for personnel to climb structures and/or operate manned aircraft. HAZON will use battery

- powered sUAS that serve as safe and efficient alternatives to the manned aircraft commonly utilized to perform aerial inspectio ns. Also, the flight data, inspection results, recorded observations and lessons learned from these operations will be compiled to further enhance its current safety program.

The applicant proposes that the exemptions requested herein apply to civil air craft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operatio ns represent a safety enhancement to infrastructure inspections conducted by manned aircraft. 14 C.F.R. Part 91.407(a)(1) Operation after

Maintenance Request relief with limitations and conditions specified in this petition.

14 C.F.R. Part 91.409(a)( 1 ) and (2) Inspections Request relief with limitations and conditions specified in this peti tion. 14 C.F.R. Part 91.417(a) and (b) Maintenance

Records Request relief with limitations and conditions specified in this petition.