AirShark LLC Petition for Exemption – Section 333

Title 14 CFR 111.81 (FAA)

March 13 2015

US Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

Electronically submitted via regulations.gov from:

AirShark

29 Pleasant Street, Montpelier VT 05602

jon@airshark.io 802 233 9330

www.airshark.io

AirShark is requesting a petition for exemption (Section 333) to fly small UAS for

the purpose of infrastructure inspection work such as solar farms, wind turbines

and construction projects. AirShark is focusing on supporting energy and

infrastructure since it’s a critical part of our nation’s economic success. Using UAS,

we can help contractors and managers inspect aging infrastructure, at reduced risk

while providing a new level of information not previously accessible. In addition,

noise and air pollution is less than alternatives. We are seeking exemption from

several CFR’s as noted below that remain burdensome to AirShark doing business

and growing. We believe and will provide supporting documentation that AirShark

can provide a level of safety greater than or equal to the rules we are seeking

exemption from. This request is in the public interest, our interest and our local

communities interest here in rural Vermont and New England. We have completed

due diligence and have noticed profound potential impacts from safety to economic

impacts to information quality.

Aircraft

AirShark is currently in the process of registering (2) DJI Phantom Vision+ UAS.

The Specific sections of Title 14 of the Code of Federal Regulations from which

AirShark requests exemption: 14 CFR : Part 21 Subpart H; 61.113(a)&(b); 91.121;

91.151; 91.405(a); 91.407(a) (1); 91.409(a)(1) and (2); 91.417(a)&(b)

For Each CFR – I have created a response addressing :

1) Rule is burdensome to AirShark...
2) AirShark can provide a level of safety greater than or equal to the rule we are

seeking exemption to. Explain...

3) This request is in the public interest (AirShark / Public / Community)

RE: Exemption Request Section 333 of FAA Reform Act of F.A.R.s. and 14 CFR

Part 11.

14 CFR 21 H – AirWorthiness Certificates sets forth requirements for procurement

of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size,

weight and operational area of my, UAS permits exemption from Part 21 because

my UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of

the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness

certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of

the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the

airworthiness certificate requirement in consideration of the weight, size, speed,

maneuverability and proximity to areas such as airports and dense populations.

AirShark UAS meet or exceed each of the elements. Subpart H establishes the

procedural requirements for the issuance of airworthiness certificates as required

by FAR 91.203 (a) (1). Given the size and limited operating

area associated with the aircraft to be utilized by AirShark, an exemption

from Part 21 Subpart H meets the requirements of an equivalent level of safety

under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 USC

44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt

aircraft from the requirement for an airworthiness certificate, upon consideration of

the size, weight, speed, operational capability, and proximity to airports and

populated areas of the particular SUAS. In all cases, an analysis of these criteria

demonstrates that the SUAS operated without an airworthiness certificate, in the

restricted environment and under the conditions proposed, will be at least as safe,

or safer, than a conventional aircraft operating with an airworthiness certificate

without the restrictions and conditions proposed.

61.113 (a)(b) Private Pilot Privileges and Limits

These regulations limit private pilots to non‐commercial operations. Because the

SUAS will not carry a pilot or passengers; due to the SUAS’s size, weight, speed, and

operational capabilities; and since operations will occur in tightly controlled and

limited airspace, the proposed operations can achieve the equivalent level of safety

of current operations that currently require a commercial pilot’s license while still

benefiting the public good.

91.121 regarding altimeter settings is inapplicable insofar as our UAS utilizes

electronic global positioning systems with a barometric sensor. 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 the SUAS

may not have a barometric altimeter, but instead a GPS altitude read out, an

exemption may 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.

91.151(a) prescribes that no person may begin a flight in an airplane under visual

flight rules (VFR) conditions unless (considering wind and forecast weather

conditions) there is enough fuel to 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;

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 battery powering the SUAS provides

approximately 25 minutes of powered flight. That would make it impossible to meet

the 30 minute reserve requirement.

Given the limitations on the SUAS’s flight area and the location of its

operations within a predetermined area, a longer time frame for flight in

daylight VFR conditions is reasonable. An equivalent level of safety can be achieved by

limiting flights to 25 minutes or 25% of battery power (whichever occurs first). This

restriction would be more than adequate to return the SUAS to its planned landing

zone from anywhere in its limited operating area.

Maintenance Inspections

91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have

that aircraft inspected as prescribed in subpart E of the same part and shall,

between required inspections, except as provided in paragraph (c) of the same

section, have discrepancies repaired as prescribed in part 43 of the chapter.

91.407 (a)(1); prohibits, in pertinent part, any person from operating an aircraft that

has undergone maintenance, preventive maintenance, rebuilding, or alteration

unless it has been approved for return to service by a person authorized under §

43.7 of the same chapter.

91.409 (a)(1) and (2); prescribes that no person may operate any aircraft unless,

within the preceding 12 calendar months, it has had an inspection for the issuance

of an airworthiness certificate in accordance with part 21 of this chapter.

91.417 (a)(b)
The above‐cited Regulations require, amongst other things, aircraft owners and

operators to “have [the] 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. . . .”

These Regulations only apply to aircraft with an airworthiness certificate. They will

not, therefore, apply to out UAS. However, as a safety precaution AirShark shall

inspect all UAS before and after each flight. (see attachment for user manual).

These regulations require 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...,” and others shall inspect or

maintain the aircraft in compliance with Part 43. Given that these sections and Part

43 apply only to aircraft with an airworthiness certificate, these sections will not

apply. Maintenance will be accomplished by the operator pursuant to the Phantom

user manual and guide. An equivalent level of safety will be achieved because these

small SUASs are very limited in size, will carry a small payload, and operate only in

restricted areas for limited periods of time. If mechanical issues arise, the SUAS can

land immediately and will be operating from no higher than 400 feet AGL. Further,

the operator will ensure that the SUAS is in working order prior to initiating flight

and perform maintenance as required. Moreover, the operator is the person most

familiar with the aircraft and best suited to maintain the aircraft in an airworthy

condition to provide the equivalent level of safety.

UAS Equipment

AirShark plans to utilize a DJI Phantom2 Vision+. AirShark PIC will operate the UAS

in a safe manner fully aware of the NAS minimizing risk on both the ground and air.

With full VLOS and redundant systems on board as well as GPS the UAS will be

carefully guided to inspect infrastructure and energy installations. AirShark shall

officially register the UAS with the FAA before any flights commence. See the

attached documents for design and operation characteristics. Checklists will be

amended as need to create an even higher level of safety. For instance, battery data

will be aggregated with each flight log using in house software.

UAS are less than 50lbs and fly less than 30 MPH and under 400ft. Flights will be

ceased and UAS will return to home at 25% battery power. A Return to Home

feature is available and can be used should connectivity or power issues arise.

Procedures

Preflight checklists will be followed (see attached user guide). Maintenance and

repairs will be logged and batteries will be logged as well. (attached user manual).

Radio Frequencies
2.4 and 5.8 Radio Spectrum Frequencies will be used to communicate and provide

video feeds from the UAS to a ground station. All frequencies and usage will comply

with existing FCC bands. In addition, ground spotters (Visual Observers) will be

equipped with a 462 MHz radios complying with part 15 FCC and be in

communication at all times with PIC.

Pilot in Command (PIC) and Visual Observer Rules/Goals

AirShark’s (PIC) shall hold a valid FAA issued Private Pilot’s license (SEL) and valid

class II or III medical at the time of flights. Jon Budreski currently holds

approximately 140 hours of flight time S.E.L. and has 25 hrs. of UAS time. PIC will

have had at least 3 takeoffs and 3 landings in the preceding 90 days.

­ Pilot will be “re‐certified” via flight review before May 2015 (S.E.L.) with

(3

rd Class Medical)

o Total Hrs. 140

o Total UAS Hrs. 25

o License / Certificate #_FF‐1687500

A Visual Observer will understand basic UAS operational characteristics, safety

protocols and have site understanding to help in successful missions. The visual

observer will primarily be for keeping an extra set of eyes on the sky while noting

proximity to ground hazards including people and property. Prompt notification via

radio will be key for quick communication.

Operation of UAS / Privacy / Public Safety

AirShark is aiming to work with customers in the construction, energy and

infrastructure space in primarily Northern New England to start. AirShark will

inspect solar panels, wind turbines, construction sites and bridges (for example).

Our nation's infrastructure requires tremendous amounts of maintenance and

check‐ups and is aging. We feel that using UAS will complement existing

technologies and equipment that is being used today but also provide a greater level

of safety than alternatives.

AirShark shall conduct operations in VFR VMC weather during daylight hours

outside of Class B airspace and outside of 5 mile area of Class D/C airport unless

approved in the COA. In addition, flight altitudes will be no higher than 400FT AGL.

All operations will be conducted line of sight (LOS). We are aware a clearance in the

form of a COA will be needed to conduct any operations outside of Class G airspace

from the local controlling authority (Tower or FSDO). In addition any needed

NOTAMs will be completed 48 hrs before flights.

Potential hazards will be outlined in initial safety briefings and clearly avoided.

Hazards could include power lines, tall structures and mechanized moving

equipment. “See and Avoid” rules using VLOS will be followed to minimize NAS
impacts. Further, permissions must be granted or approved over private or public

lands where UAS is operating.

COA will be secured before flights as required by latest FAA guidance. TFRs,

NOTAMS, weather etc will all be recognized / utilized as applicable.

Further:

• All operations will avoid congested or populated areas.

• Notifications will be made in advance to nearby or legal entities such as local police,

fire.

• The operator will file a NOTAM for each flight as required by FAA / FSDO Office.

• A pre­job brief will be developed and conducted and must verify control of the flight

area, including the absence of members of the public in the flight area.

Checklists will guide operators during pre‐flight, flight, and post flight operations

and reduce risk. Safety risk assessment checklists will be developed and updated

yearly.

Since the areas being photographed or filmed will be on primarily private property,

accessed only after given written and/or oral consent by the property owner(s), and

clear of all people, except for the PIC and the PIC's helper(s), approval of this

application presents no risk to the public privacy.

Reference to similar Petitions:

Astreus Aerial, petition – Petition No. 0352, Grant No. 11062.

Alan Purwin, petition ‐p#0786

Singer’s Creations, petition ‐ p#0915

Supporting Documents Etc.

o Phantom User Manual

o Phantom Users Manual (1‐3)

o Phantom Guide

o Phantom Training Guide

o AMA Safety Code
We are prepared to modify or amend any part of this request to satisfy the need for

an equivalent level of safety. We look forward to working with your office. Please

contact me at any time if you require additional information or clarification.

Respectfully,

Jon Budreski, Co Founder – AirShark LLC

29 Pleasant St

Montpelier VT 05602