Cooley

M. Anne Swanson

202.776.2534

aswanson@cooley.com

February 22, 2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and

Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

1859, LLC ("1859"), by its attorneys, and pursuant to Section 333 of the FAA Modernization and

Reform Act of 2012 (the "Reform Act") and 14 C.F.R. Part 11, seeks an exemption from the

Federal Aviation Regulations ("FARs") listed below and discussed in Appendix A.' 1859 seeks

this exemption to allow its use of the following unmanned aerial systems ("UASs"):

1) Tarot T960

2) DJI Phantom 3

1859 will use the small UAS ("sUAS") to conduct aerial data collection. 1859 will operate the

sUAS within and under the conditions outlined herein or as established by the FAA in an

exemption granted under either Section 333 or Section 49 U.S.C. § 44701(f).

The operating conditions and limitations set forth below are identical to those imposed on

previous exemption applicants that seek to conduct aerial data collection operations, including

Red Sky UAV Aerial Imagery.2 The only material difference in this request from that particular

grant is a change in the aircraft that 1859 proposes to use; however, the FAA has granted other

petitioners' exemption requests for use of the sUAS in various commercial uses.3 Because the

unmanned vehicles specified in this request are the same craft as already approved in

exemptions granted by the FAA, and 1859 will operate the aircraft in strict compliance with the

conditions in exemptions previously granted by the FAA (or as they may be amended), notice of

this filing need not be provided in the Federal Register nor public comment solicited.

As described more fully below, the requested exemption would authorize commercial operations

using sUAS, which, with a maximum take-off weight of less than 55 pounds are lightweight and

See Pub. Law 112-95, 126 Stat. 11, § 333 (2012).

See Red Sky UAV Aerial Imagery, FAA Exemption No. 14738, Regulatory Docket No. FAA2015-5677 (February 10, 2016).

3 See, e.g., Measure, a 32 Advisors Company, LLC, FAA Exemption No. 12646A, Regulatory

Docket No. FAA-2015-1602 (November 19, 2015).

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small in size. The unmanned vehicles will be operated under controlled conditions at low

altitude in airspace that is limited in scope; they will have automated control features. The

unmanned vehicles also will be operated by an individual possessing at least a recreational or

sport pilot certificate and a U.S. state or commonwealth issued driver's license.

1859 hereby requests a blanket Certificate of Waiver or Authorization ("COA") for f►fights up to

200 feet above ground level in the form previously approved by the FAA. 1859 acknowledges

that under current FAA guidance, a separate COA is required to fly at altitudes above 200 feet

above ground level, and it will apply for such COAs when required. 1859 will also file Notices to

Airmen for its flights, as required.

1859 respectfully submits that because these small, unmanned aerial vehicles will be used in

lieu of operations with conventional fixed wing and rotary aircraft, which are comparatively more

hazardous, the FAA can have confidence that the operations will achieve at least an equivalent

level or greater level of safety. Approval of this exemption would thereby enhance safety and

fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities under

Section 333(c) of the Reform Act to "establish requirements for the safe operation of such

aircraft systems in the national airspace system."

The name and address of the applicant are:

Mr. Alex Vugman

1859, LLC

3311 Richmond Avenue, Suite 110

Houston, Texas 77098

Phone: (832) 779-3025

E-mail: AIV(a~ulysses.biz

The regulations from which the exemption is requested are as follows:

14 C.F.R. § 61.23(a) & (c);

14 C.F.R. § 61.101(e)(4) & (5)

14 C.F.R. § 61.113(a);

14 C.F.R. § 61.315(a);

14 C.F.R. § 91.7(a);

14 C.F.R. § 91.119(c);

14 C.F.R. § 91.121

14 C.F.R. § 91.151(a);

14 C.F.R. § 91.405(a);

14 C.F.R. § 91.407(a)(1);

14 C.F.R. § 91.409(a)(2);

14 C.F.R. § 91.417(a) & (b)

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Appendix A discusses each rule listed above and explains why exemptions pursuant to the

proposal set forth in this letter are appropriate, will provide an equivalent level of safety, and will

be in the public interest.

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

1859 submits that grant of this exemption application for commercial use of the specified

unmanned vehicles will advance the Congressional mandate in Section 333 of the Reform Act

to accelerate the introduction of UASs into the national airspace system ("NAS") provided that it

is done in a safe manner. This law directs the Secretary of Transportation to consider whether

certain UASs may operate safely in the NAS before completion of the rulemaking required

under Section 332 of the Reform Act. In making this determination, the Secretary is required to

determine which types of UASs do not create a hazard to users of the NAS or the public or pose

a threat to national security in light of the following:

• The UAS's size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333(a)(1). If the Secretary determines that such vehicles "may operate safely in

the national airspace system, the Secretary shall establish requirements for the safe operation

of such aircraft in the national airspace system." Id. § 333(c) (emphasis added).4

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under

§40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness

certificate and regulations requiring commercial pilots to operate aircraft in commercial service:

The [FAA] Administrator may grant an exemption from a requirement of a

regulation prescribed under subsection (a) or (b) of this section or any of sections

44702-44716 of this title if the [FAA] Administrator finds the exemption is in the

public interest.

49 U.S.C. § 44701(f~. See also 49 U.S.C. § 44711(a); 49 U.S.C. § 44704; 14 C.F.R.

§91.203(a)(1).

The grant of the requested exemption is in the public interest based on the clear direction in

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended;

4 Applicant submits that this provision places a duty on the FAA Administrator to not only

process applications for exemptions under Section 333, but for the FAA Administrator, if he

deems the conditions proposed herein require modification to allow approval, to supply

conditions for the safe operation of the UAS. 1859 welcomes the opportunity to consult with

FAA staff in order to address any issues or concerns that this proposal may raise that they

believe may require modification.

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the strong equivalent level of safety surrounding the proposed operations; and the significant

public benefit, including enhanced safety and cost savings associated with transitioning to

sUASs for aerial data collection and lack of any threat to national security. Accordingly, 1859

respectfully requests that the FAA grant the requested exemption without delay.5

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft 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 operations represent a safety enhancement to operations that

would be conducted with conventional aircraft.

These limitations and conditions, which are drawn from the exemption granted to Red Sky UAV

Aerial Imagery, FAA Exemption No. 14738, and to which 1859 (or "operator") agrees to be

bound when conducting commercial operations, are as follows:

1. Operations authorized by this grant of exemption are limited to the Tarot T960 and DJI

Phantom 3 when weighing less than 55 pounds including payload. Proposed operations

of any other aircraft will require a new petition or a petition to amend this grant.

2. Operations for the purpose of closed-set motion picture and television filming are not

permitted.

3. The UAS may not be operated at a speed exceeding 87 knots (100 miles per hour). The

operator may use either groundspeed or calibrated airspeed to determine compliance

with the speed restriction. In no case will the UAS be operated at airspeeds greater than

the maximum UAS operating airspeed recommended by the aircraft manufacturer.

4. The UAS must be operated at an altitude of no more than 400 feet above ground level

(AGL). Altitude must be reported in feet AGL.

5. The UAS must be operated within visual line of sight (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 FAA-issued airman medical certificate or

U.S. driver's license.

As noted above, in filing this application, 1859 also requests that the FAA, as it has in recent

decisions, combine the grant of the Section 333 exemption with astand-alone COA that will

allow commercial operation of the unmanned vehicles without the necessity of filing for a COA

for each flight. Compliance with the conditions agreed to herein and those that may be imposed

by the FAA, as set forth in prior Section 333 exemptions, provide the separation needed from

other aircraft. Notice to airmen and notice to air traffic control can be provided by the filing of a

NOTAM as set forth within the proposed conditions.

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6. All operations must utilize a visual observer (VO). The UAS must be operated within the

visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy

the VLOS requirement as long as the PIC always maintains VLOS capability. The VO

and PIC must be able to communicate verbally at all times; electronic messaging or

texting is not permitted during flight operations. The PIC must be designated before the

flight and cannot transfer his or her designation for the duration of the flight. The PIC

must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its

operations in accordance with the conditions and limitations stated in this grant of

exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the [FAA]

Administrator upon request. If a discrepancy exists between the conditions and

l imitations in this exemption and the procedures outlined in the operating documents, the

conditions and limitations herein take precedence and must be followed. Otherwise, the

operator must follow the procedures as outlined in its operating documents. The

operator may update or revise its operating documents. It is the operator's responsibility

to track such revisions and present updated and revised documents to the [FAA]

Administrator or any law enforcement official upon request. The operator must also

present updated and revised documents if it petitions for extension or amendment to this

grant of exemption. If the operator determines that any update or revision would affect

the basis upon which the FAA granted this exemption, then the operator must petition for

an amendment to its grant of exemption. The FAA's UAS Integration Office (AFS-80)

may be contacted if questions arise regarding updates or revisions to the operating

documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation

or flight characteristics, e.g., replacement of a flight critical component, must undergo a

functional test flight prior to conducting further operations under this exemption.

Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 feet from other people. The functional test flight must be conducted in such a

manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in

a condition for safe operation.

10. Prior to each flight, the PIC must conduct apre-flight inspection and determine the UAS

is in a condition for safe flight. The pre-flight inspection must account for all potential

discrepancies, e.g., inoperable components, items, or equipment. If the inspection

reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited

from operating until the necessary maintenance has been performed and the UAS is

found to be in a condition for safe flight.

1 1. The operator must follow the UAS manufacturer's maintenance, overhaul, replacement,

i nspection, and life limit requirements for the aircraft and aircraft components.

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12. Each UAS operated under this exemption must comply with all manufacturer safety

bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial,

private, recreational, or sport pilot certificate. The PIC must also hold a current FAA

airman medical certificate or a valid U.S. driver's license issued by a state, the District of

Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC

must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft

i n which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability

to safely operate the UAS in a manner consistent with how the UAS will be operated

under this exemption, including evasive and emergency maneuvers and maintaining

appropriate distances from persons, vessels, vehicles and structures. PIC qualification

flight hours and currency must be logged in a manner consistent with 14 CFR §

61.51(b). Flights for the purposes of training the operator's PICs and VOs (training,

proficiency, and experience-building) and determining the PIC's ability to safely operate

the UAS in a manner consistent with how the UAS will be operated under this exemption

are permitted under the terms of this exemption. However, training operations may only

be conducted during dedicated training sessions. During training, proficiency, and

experience-building flights, all persons not essential for flight operations are considered

nonparticipants, and the PIC must operate the UAS with appropriate distance from

nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All

operations must be conducted under visual meteorological conditions (VMC). Flights

under special visual flight rules (SVFR) are not authorized.

16. The UAS may not operate within 5 nautical miles of an airport reference point (ARP) as

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted

with an ARP, the center of the airport symbol as denoted on the current FAA-published

aeronautical chart, unless a letter of agreement with that airport's management is

obtained or otherwise permitted by a COA issued to the exemption holder. The letter of

agreement with the airport management must be made available to the [FAA]

Administrator or any law enforcement official upon request.

17. The UAS may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. For tethered UAS operations, the tether line must have colored pennants or streamers

attached at not more than 50 foot intervals beginning at 150 feet above the surface of

the earth and visible from at least 1 mile. This requirement for pennants or streamers is

not applicable when operating exclusively below the top of and within 250 feet of any

structure, so long as the UAS operation does not obscure the lighting of the structure.

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

predetermined location within the private or controlled-access property.

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

21. The PIC is prohibited from beginning a flight unless (considering wind and forecast

weather conditions) there is enough available power for the UAS to conduct the intended

operation and to operate after that for at least five minutes or with the reserve power

recommended by the manufacturer if greater.

22. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All

operations shall be conducted in accordance with an ATO-issued COA. The exemption

holder may apply for a new or amended COA if it intends to conduct operations that

cannot be conducted under the terms of the COA attached to the Section 333 grant.

23. All aircraft operated in accordance with this exemption must be identified by serial

number, registered in accordance with 14 CFR part 47, and have identification

(N-Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be

as large as practicable.

24. Documents used by the operator to ensure the safe operation and flight of the UAS and

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC

at the Ground Control Station of the UAS any time the aircraft is operating. These

documents must be made available to the [FAA] Administrator or any law enforcement

official upon request.

25. The UAS must remain clear and give way to all manned aviation operations and

activities at all times.

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

27. All Flight operations must be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating

persons from the UAS and/or debris in the event of an accident. The operator must

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

UAS, flight operations must cease immediately in a manner ensuring the safety of

nonparticipating persons; and,

b. The owner/controller of any vessels, vehicles or structures has granted

permission for operating closer to those objects and the PIC has made a safety

assessment of the risk of operating closer to those objects and determined that it does

not present an undue hazard.

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The PIC, VO, operator trainees or essential persons are not considered nonparticipating

persons under this exemption.

28. All operations shall be conducted over private or controlled-access property with

permission from the property owner/controller or authorized representative. Permission

from property owner/controller or authorized representative will be obtained for each

flight to be conducted.

29. Any incident, accident, or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA must be reported

to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be

reported to the National Transportation Safety Board (NTSB) per instructions contained

on the NTSB Web site: www.ntsb.gov.

Privacy. All 1859 UAS operations will be conducted in accordance with applicable federal,

state, or local laws regarding privacy.

National Security. No national security issue is raised by the grant of this exemption. Given

the size, load carrying capacity, speed at which the unmanned aerial vehicles operate, and the

fact that they carries no explosives or other dangerous materials, the sUASs pose no threat to

national security.

********

I n summary, 1859 seeks an exemption from the FARs set forth in Appendix A to operate

commercially sUAS (55 Ibs. or less) in aerial data collection operations, as described above.

Approval of this exemption for commercial operations will enhance safety by reducing risk.

Conventional operations, using jet or piston powered aircraft, operate at extremely low altitudes

just feet from the subject being inspected and in extreme proximity to people and structures.

Such manned operations present the risks associated with vehicles that weigh in excess of

6,000 Ibs., carrying large amounts of jet A or other fuel. Such aircraft must fly to and from the

project location. In contrast, a sUAS, which weighs fewer than 55 pounds and is powered by

batteries, eliminates virtually all of that risk given the reduced mass and lack of combustible fuel

carried on board. The sUAS is carried to the target area and not flown. The sUAS will carry no

passengers or crew and, therefore, will not expose such individuals to the risks associated with

manned aircraft flights.

The operation of this small craft, weighing fewer than 55 pounds, conducted in the strict

conditions outlined above, will provide an equivalent level of safety supporting the grant of the

exemptions requested herein. These lightweight aircraft operate at slow speeds, close to the

ground, and in areas that are under the control of the operator. As a result, they are far safer

than would be conventional operations conducted with manned aircraft flying in close proximity

to the ground and people.

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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 this requested exemption to allow commercial operation of applicant's UAS for the

purposes outlined herein. The grant will be consistent with exemptions already granted.

Very,,.;#ruly yours,

. , A --~

/~ ~;~r

. Anne Sw nson

Counsel for 1859, LLC

cc: Mr. Rick May

Mr. Jake Troutman

Mr. Dean Griffith, Esquire

Mr. Dan Ngo

Mr. Alex Vugman

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APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY DEMONSTRATION UNDER

APPLICABLE RULES SUBJECT TO EXEMPTION

1859 requests an exemption from the following regulations as well as any additional regulations

that may technically apply to its operation of the unmanned vehicles:

14 C.F.R. § 61.23(a) and (c): Medical Certificates: Requirement and Duration

Sections 61.23(a) and (c) address the requirement of medical certificates for pilots. Section

61.23(a) requires a person exercising the privileges of a recreational pilot to hold at least a third

class medical certificate. Section 61.23(c) permits the holder of a sport pilot certificate to act as

PIC of a light-sport aircraft with either a medical certificate or U.S. issued driver's license. Lightsport aircraft may weigh up to 1,430 pounds and seat up to two persons, including the pilot.

Comparatively, the unmanned vehicles will weigh fewer than 55 pounds, and they will not carry

pilots, passengers, or cargo. The UAS will also be operated within visual line of sight of the PIC

and below 400 feet above ground level and limited to operations with permission over private or

controlled-access property.

Given these safety parameters, 1859 requests that the FAA waive Section 61.23(a) upon a

finding that an equivalent level of safety will be provided by allowing operation of the unmanned

vehicles by pilots with a recreational pilot certificate and a valid U.S. state or commonwealth

issued driver's license, in lieu of an FAA-issued medical certificate. 1859 also requests that the

FAA grant relief from Section 61.23(c) to allow sport pilot certificate holders to operate aircraft

other than light-sport aircraft with a valid U.S. issued driver's license. The FAA has granted

exemptions to conduct similar operations in a number of cases, including Exemption 11213.

14 C.F.R. § 61.101(e)(4) and (5), 61.113(a), and 61.315(a): Recreational Pilot Privileges

and Limitations; Private Pilot Privileges and Limitations: Pilot in Command; What are the

privileges and limits of my sport pilot certificate?

Sections 61.101(e)(4) and (5) and 61.113(a) limit recreational or private pilots to noncommercial operations. Unlike a conventional aircraft that carries a pilot, passengers, and

cargo, the unmanned vehicles in this case are remotely controlled with no passengers or

property of others on board. Section 61.315(a) addresses the privileges and limitations of the

holder of a sport pilot certificate.

1859 respectfully proposes that operator requirements should take into account the

characteristics of the particular UAS. The unmanned vehicles have a high degree of preprogrammed control and various built-in navigation and other technical capabilities that strictly

l imit the potential for operation outside of the operating conditions set forth in the exemption

application. In the case of unplanned events, each of the crafts has the capability to return to a

pre-designated point and land.
Given these safety features, operators of the unmanned vehicles should not be required to hold

a commercial pilot certification. Instead, operators should be required to hold only a

recreational or sport pilot certificate.

The risks associated with the operation of the unmanned vehicles (given their size, speed,

operational capabilities, and lack of combustible fuel) are so diminished from the level of risk

associated with commercial operations contemplated by Part 61 with conventional aircraft (fixed

wing or rotorcraft) that allowing operations of the UASs as set forth above meets or exceeds the

present level of safety provided under the regulations cited above and does not rise to the level

of requiring a commercial pilot to operate the aircraft.

Given these conditions and restrictions, an equivalent level of safety will be provided by allowing

operation of the unmanned vehicles with a recreational or sports pilot certificate, under the

conditions set forth in the exemption request. The FAA has granted exemptions to conduct

similar operations in a number of cases, including Exemption 11213.

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

This regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. Should the exemption be granted allowing commercial operation of the unmanned

vehicles without an airworthiness certificate, no standard will exist for airworthiness of the

unmanned vehicles. Given the size of the aircraft and the requirements to which the operator

has agreed relating to airworthiness, an equivalent level of safety will be achieved. The FAA

has granted exemptions to conduct similar operations in Exemptions 11062 through 11067,

1 1080, 11109, 11110, 11136, 11138, and 11213.

14 C.F.R. § 91.119(c): Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c)

l imits aircraft flying over areas other than congested areas to 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.

As set forth herein, the unmanned vehicles will never operate at higher than 400 feet AGL.

They will, however, be operated to avoid congested or populated areas. Because aerial data

collection must be accomplished at relatively low altitudes and at altitudes less than 500 feet

AGL, an exemption from Section 91.119(c) is needed.

The equivalent level of safety will be achieved given the size, weight, speed, and material with

which the unmanned vehicles are built. Also, no flight will be taken without the permission of

the landowner or those who control the land as well as the permission of local officials, if

required. Because of advance notice to the landowner, all affected individuals will be aware of

the flights. Compared to operations conducted with aircraft or rotorcraft weighing far more than

55 pounds and carrying flammable fuel, any risk associated with these operations will be far

less than the risks currently posed by conventional aircraft operating at or below 500 feet AGL.

I ndeed, the low-altitude operations of the UAS will maintain separation between these sUAS

operations and the operations of conventional aircraft that must comply with Section 91.119.

2
The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through

1 1067, 11080, 11110, 11136, 11138, 11150, 11153, and 11213.

14 C.F.R. § 91.121: Altimeter Settings

This regulation requires 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." As at least one sUAS model specified herein may

not have a barometric altimeter, but instead a GPS altitude read out, an exemption will be

needed. An equivalent level of safety will be achieved by the operator by confirming the altitude

of the launch site shown on the GPS altitude indicator before flight. The FAA has granted

exemptions to conduct similar operations in Exemptions 11062, 11213, 11360 and 11447.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

This regulation prohibits an individual from beginning "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."

The batteries powering the unmanned aircrafts provide less than 30 minutes of powered flight.

Without an exemption from § 14 C.F.R. 91.151, the UAS's flights would not be possible. Given

the limitations on their proposed operations and the location of those proposed operations, a

longer time frame for flight in daylight VFR conditions is reasonable.

1859 believes that an exemption from 14 C.F.R. § 91.151(a) is safe and within the scope of

prior exemptions. See Exemption 11213. Operating sUAS without 30 minutes of reserve fuel

does not engender the type of risks that Section 91.151(a) was meant to prevent given the size

and speed at which the UAS operate. The fact that they carry no pilot, passenger, or cargo also

enhances their safety. In the unlikely event that the unmanned vehicles achieve a low battery

state, they would simply return to home and land. Given their weight and construction material,

the risks are less than contemplated by the current regulation.

1859 believes that an equivalent level of safety can be achieved by maintaining five minutes of

reserve fuel, which would be more than adequate to return the UAS to their planned landing

zone from anywhere in their operating area.

Similar exemptions have been granted to other operators, including Exemptions 11062 through

1 1067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, and 11213.

14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance Inspections

Section 91.405(a) requires that an aircraft operator or owner "shall have that aircraft inspected

as prescribed in subpart E of this part and shall between required inspections, except as

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of

this chapter . . . ." Section 91.407 similarly makes reference to requirements in Part 43;

Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness

3
certificate. Section 91.417(a) requires the owner or operator to keep records showing certain

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.

Maintenance of the unmanned vehicles will be accomplished by the owner/operator. An

equivalent level of safety will be achieved because the UAS are small in size, will carry a small

payload, will operate only in restricted predetermined areas, and are not a complex mechanical

device. The operator will ensure that the UAS are in working order prior to initiating flight,

perform required maintenance, and keep a log of any maintenance that is performed; moreover,

the operator is the person most familiar with the aircraft and is best suited to maintain the

aircraft in an airworthy condition and to ensure an equivalent level of safety. The FAA has

granted exemptions for similar operations in Exemptions 11062 through 11067, 11080, 11109,

1 1110, 11112, 11136, 11138, and 11213.

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