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March 11 , 2016 Attn: U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590 RE: UNMANNED AIRCRAFT SOLUTIONS, LLC REQUESTS AN EXEMPTION FROM THE REQUI REMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS (C.F.R.) PART 21 SUBPART H AS WELL AS SECTIONS ( §§ ) 61.3(a) , 61.23(a) , 61.101(e)(4) & (5) , 61.113(a) , 61.315(c)(2) & (3) , 91.7(a) , 91.119 (b) & (c ) , 91.121, 91.151 , 91.405(a) , 91.407(a)(1) , 91.409(a)(1) & (2) , AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF THE DJI PHANTOM 3 ADVANCED & PROFESSIONAL, DJI PHANTOM 4, DJI I NSPIRE 1, DJI S900, DJI S1000+, DJI MATRICE 100, AND U ASUSA TEMPEST UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF T HE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112
- 95)
. Chris Davidson Manager Unmanned Aircraft Solutions, LLC 2433 Steilacoom Blvd Steilacoom , WA 98388 Phone: (512) 739
- 7333 Email: uasarc@gmail.com2 **TABLE OF CONTENTS** GLOSSARY OF ABBREVIATIONS....
........................................................ ........ .......... . .............3 SUMMARY............................................................................................................
. .............. 4 OVERVIEW AND INTERESTS OF THE PETITIONER.
.......................... ............ ................. ........ 4 SMALL UNMANNED AIRCRAFT SYSTEMS
.... .................................... ................... ....... .. .........5 BASIS FOR THE PETITION....................
........................ ............................................... .... .. ...5 A. NA ME AND ADDRESS OF THE PETITIONER...
.. ........................................ ... ........ ..... 5 B. THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH UNMANNED AIRCRAFT SOLUTIONS SEEKS AN EXEMPTION ...........
............. .................. .... ... ............. .... ......5 C. THE EXTENT OF RELIEF AND REASONS WHY UNMANNED AIRCRAFT SOLUTIONS SEEKS RELIEF AND WHY IT WOULD NOT ADVERSELY AFFECT SAFETY
........ ... . . ... .... 6 D. THE REASONS WHY GRANTING UNMANNED AIRCRAFT SOLUTIONS’ REQUEST WOULD BE IN THE PUBLIC INTEREST
........................................ ............. ......... ...... 10 E. THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY ORWOULD PROVIDE AN EQUIVLENT LEVEL OF SAFETY...................12 CONCLUSION.......................................................................................................
... ............ 17 LINKS TO REFERENCED PAGES.....................
.................................. ............................................ .... 183 **GLOSSARY OF ABBREVIATIONS**
AGL Above Ground Level AOI Area of Interest ATC Air Traffic Control ATO Air Traffic Organization AV Aerial Vehicle CFR Code of Federal Regulations COA Certificate of Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation G CS Ground Control Station GPS Global Positioning System LOL Loss of Link NAS National Airspace System NOTAM Notice to Airman PIC Pilot In Command § Section Section 333 FAA Modernization and Reform Act of 2012 (FMRA) SO Safety Observer SOP Standard Operating Procedures s UASs Small Unmanned Aircraft Systems UA Unmanned Aircraft UAS Unmanned Aircraft System UASs Unmanned Aircraft Systems UAV Unmanned Aircraft Vehicle VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Take
-off and Landing4

**SUMMARY** The Petitioner Unmanned Aircraft Solutions, LLC hereafter referred to as UNMANNED AIRCRAFT SOLUTIONS, seeks an exemption from the requirements of the aforementioned §§ of 14 C.F.R to operate S mall Unmanned Aircraft System s (s UASs) ( DJI Phantom 3 Advanced & Pro, DJI Phantom 4, DJI Inspire 1, DJI S900, DJI S1000 +, DJI Matrice 100, and U ASUSA Tempest ) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will allow UNMANNED AIRCRAFT SOLUTIONS to operate s UAS s for the commercial purpose of conducting aerial data collection in a safe, attentive , and efficient manner . UNMANNED AIRCRAFT SOLUTIONS seeks to further the advancement of sUASs and their data collection capabilities. Safety, efficiency, sustainability, and accessibility are what thes e technologies and UNMANNED AIRCRAFT SOLUTIONS can provide when granted an exemption to operate commercially. The sUASs operated by UNMANNED AIRCRAFT SOLUTIONS from this point on will be referred to as UAS PLATFORMS unless the platforms are directly refere nced. **OVERVIEW AND INTERESTS OF THE PETITIONER**  The objective s of UNMANNED AIRCRAFT SOLUTIONS and the s UASs ( DJI Phantom 3 Advanced & Pro, DJI Phantom 4, DJI Inspire 1, DJI S900, DJI S1000+, DJI Matrice 100, and UASUSA Tempest ) are to provide a safer and more sustainable, efficient, affordable , and high er quality aerial data collection system for a variety of government, comm ercial, and academic uses, targeting fields such as :

 In dustrial Applications: Monitoring and inspection of o il & gas platform s over land and water, telecommunications, energy systems monitoring and inspection (green, n uclear, and fossil fuel based) , pipeline s, mining, landfills, chemical plants, pollution output, etc.

 Environmental Applications: Assessment, management, and mapping of rivers, floodplains, shoreline erosion, wetlands, storm surges, hazards, pollution, natural resources, drought levels, glacial movement, earthwork & rock face monitoring, terrain modeling, and planning, etc.

 Governmen t Applications: Asset man agement and m onitoring, reso urce management and monitoring, assisting search and rescue operations, h azards risk assessment and mitigation, regulation enforcement, map creation, firefighting, etc.

 Agricultural Applications: Precision agricultural service s, site monitoring and management, water management, etc.

 Construction Applications: Construction site management, monitoring, and inspections from large scale projects to residential buildings, roof inspection , site quality assurance and quality control , damage assessment, etc.

 Conservation Applications: Flora and fauna monitoring and management on land and over water bodies, habitat restoration projects, anti
- poaching, etc.

 Archeological Applications: Site assessment and monitoring, terrain mapping, site archi ving, site location , expedition route planning, etc.5

 Ecology Applications: S pecies population ecology, forest ecology (such as leaf area index), vegetation dynamics, ecosystem processes, forest inventory and structure, invasive species locating and monitoring, degradation mapping, biomass estimation , etc.

 Property Applications: Real estate photography, photogrammetry and videography, land management and surveying, public events (at appropriate distances from crowds) , inspection s, business promotion purposes, site monitoring, insurance , etc.

 Film/Television Applications: Landscape cinematography, outdoor news photography/ videography, commercials, documentaries, and closed
- set motion picture/television filming and production , etc.

 Research Applicati ons: Ma rket surveys, subterranean exploration research , planetary exploration research , SBIR research , academic institution research and consulting, etc. **SMALL UNMANNED AIRCRAFT SYSTEMS** The s UASs made by DJI mentioned earlier are vertical take
-off and landing (VTOL ) s mall Unmanned Aircraft Systems ( s UASs ) with a Ground Control Station (GCS) utilizing a field laptop, tablet or smart phone . The DJI Matrice , Inspire 1 , S900, S1000+, Phantom 3 Advanced & Professional , and Phantom 4 spec sheets are available on the DJI website. The UASUSA Tempest is a fixed wing platform for larger projects in remote areas and has a GCS like the DJI s UASs
. **BASIS FOR PETITION** Petitioner, UNMANNED AIRCRAFT SOLUTIONS, pursuant to the provisions of the Federal Aviation Reg ulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate s UAS s in , around, and through the National Airspa ce System (NAS) at or below 400 feet AGL, and for exemption s from the requirements of the 14 C.F .R s ection s listed below. In accordance with 14 C.F.R. § 11. 81, UNMANNED AIRCRAFT SOLUTIONS provides the following information in support of its petition for exemption: **A. Name and a ddress of t**  **he p etitioner.**  Christopher Davidson Manager Unmanned Aircraft Solutions, LLC 2433 Steilacoom Blvd Steilacoom, WA 98388 Phone: (512) 739
- 7333 Email: uasarc@gmail.com **B. The specific §§**  **of 14 C.F.R. from w hich**  **UNMANNED AIRCRAFT SOLUTIONS s**  **eeks e** **xemption.**6

UNMANN ED AIRCRAFT SOLUTIONS s eeks exem ption from the requirements of 14 C.F.R. Part 21 subpart H, and § § 61.3(a) , 61.23(a) , 61.101(e)(4) & (5) , 61.113(a) , 61.315(c )(2) & (3) , 91.7(a) , 91.119 (b) & (c ) , 91.121, 91.151 , 91.405(a) , 91.407(a)(1) , 91.409(a)(1) & (2) , and 91.417(a) & (b)
. **C. The extent of r elief**  **UN M**  **A NNED AIRCRAFT SOLUTIONS seeks and the r** **eason UNMANNED AIRCRAFT**  **SOLUTIONS seeks the r elief.**  **1. Extent of relief and the reason**  **seeking relief f** **rom §**  **61. 3(a) and**  **why an exemption from the requirements of**  **§ 61.3(a) would not adversely a** **ffect safety**  **.** Extent: Relief from § 61.3 (a) entitled Requirement for certificate, ratings, and authorizations, is requested to the extent required to allow certain UNMANNNED AIRCRAFT SOLUTIONS’ PICs to operate only the smaller, lighter platforms (DJI Phantom 3 Professional & Advanced as well as DJI Phantom 4) without a pilot certificate but with at least 25 hours flight time on those sUAS platforms and taking at least the sport pilot knowledge test. Reason: According to the conditions of FMRA Section 333 these aforementioned DJI Phantom 3 and 4 platforms will not require an airworthiness certificate in accordance with 14 C.F.R Part 21, Subpart H. When regarding only the DJI Phantom 3 Professional , Advanced, and Phantom 4 a pilot certificate is not necessary since the controls are not similar and require different psychomotor skills compared to any traditional aircraft that the pilot certificate training would cover. Also, the limited size, speed, and weight compared to even the 5 to 55 pound sUASs would make having a pilot certificate excessive since an equivalent level of sa fety can be reached for those specific platforms
. Safety: The reason for an equivalent level safety when flying the DJI Phantom 3 Professional & Advanced, as well as the DJI Phantom 4 is the limited size, speed, and weight in conjunction with the flight h ours and knowledge test
. Flight time on the Phantom platforms will include take
- off/landing drills as well as evasive and emergency maneuvers. These steps provide proper hands on experience with the pertinent platform ( DJI Phantom 3 Professional, 3 Advance d, and 4) as well as experience with NAS operational metho do logy and terminology taken from the knowledge test and would provide an equivalent level of safety
. **2. Extent of relief and the reason**  **seeking relief f** **rom §**  **61.23(a) & (c)**  **and why an exemption**  **from the requirements of §**  **61.23(a) & (c)**  **would not adversely a ffect**  **safety .**  Extent: Relief from § 61.23 (a) & (c) entitled Medical certificates: Requirement and duration, is requested to the extent required to allow UNMANNNED AIRCRAFT SOLUTIONS’ PIC to operate sUASs without a medical certificate but with a current U.S. driver’s license
. Reason: The requirement says that a PI C can hold either a medical certificate issued under § 61.67 or a U.S. driver’s license when exercisin g the priv ileges of PIC for a sport pilot certificate in a light sport aircraft other than a glider or balloon
. Since sUASs are far safer in the ir relative size, speed, weight, and fuel type compared to light sport aircraft a valid U.S. driver’s license is all that would be needed. Safety: Commercial operations of sUASs; which are similar to hobbyist platforms flown without medical or pilot certificates, are far safer than all other forms of sport, recreational, and commercial aircraft based on size, sp eed, weight, fuel , and the prescribed conditions and limitations. A greater than7

equivalent level of safety can be reached based on these factors since all of UNMANNED AIRCRAFT SOLUTIONS PICs will have a valid U.S. driver’s license and will only fly approved sUASs
. The FAA has previously granted relief from § 61.23 (a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 13741, 13776, 13777, 11862 ). Also, t he FAA has previously granted relief from § 61.23(c ) in circumstances similar to those p resented herein (e.g. Exemption Nos. 11230, 11240, 11252, 11253, 11256, 11260, 11267, 11269, 11275, & 11278) **3. Extent of relief and the reason**  **seeking relief f** **rom §**  **§ 61.101**  **(e )**  **(4) & (5 )** **, 61.113(a),**  **61.315(c)(2) &(3) and**  **why an exemption from the requirements of §**  **§ 61.101(e**  **) (4) & (5**  **) ,**  **61.113(a), 61.315(c)**  **(2) &(3) would not adversely a** **ffect safety.**  Extent: Relief from § § 61.101(e)(4) & (5) , 61.113(a ), 61.315(c ) (2) & (3) is requested to the extent required to allow UNMANNNED AIRCRAFT SOLUTIONS PIC holding a recreational , commercial, or sport pilot certificate to operate sUASs for compensation, h ire , or in the furtherance of a business. Reason: The flight controls and metho ds for piloting a traditional aircraft (fixed/rotor) vers us sUASs are not similar, requiring different psychomotor skills to operate the craft. Making it mandatory for sUAS companies to pay for non
- equivalent aircraft flight training means the PIC would ha ve to practice on a platform that isn’t close to what the PIC will actually fly and would take away time and resources that could be spent training the PIC on the sUAS platform being used for compensation, hire, or in the furtherance of a business
. Safety: Greater than an equivalent level of safety can be achieved due to the PIC operating an aircraft with such a small size, weight, speed and lack of combustible fuel compared to the FAA listed aircraft that conduct similar aerial data collection for compensation, hire , or in the furtherance of a business
. Also, UNMANNED AIRCRAFT SOLUTIONS submits that the greater equivalent level of safety established by §§ 61.101(e)(4) & (5), 61.113(a ), 61.315(c ) (2) & (3) will be maintained because no PIC at UNMANNED AIRCRAFT SOLUTIONS will be allowed to operate the UAS PLATFORMS unless that PIC has demonstrated, by meeting minimum flight
- hour and currency requirements, that the PIC is able to safely operate the UAS PLATFORMS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. T he PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61. 51(b), 25 hours of total time as a UAS pilot (wit h a minimum of 5 hours of those 25 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The PIC area of operation will be predetermined in a protected fligh t area with permission of the property owner or re presentative with each flight planned an d coordinated in advance
. The FAA has previously granted relief from § 61.101(e)(4) & (5) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11230, 11240, 11252, 11253, 11256, 11260, 11267, 11269, 11275, 11278, 137 41, 13776, 13777, & 11862 ). The FAA has previously granted relief from § 61.113(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 111 61 , 11230, 11240, 11252, 11253, 11256, 11260, 11267, 11269, 11275, 11278, 13741, 13776, 13777, & 11862 ).8

The FAA has previously granted relief from § 61.315(c ) (2) & (3) specific to UAS, in circumstances similar, in all material respects, to those presented herein (Exemption Nos. 11230, 11240, 11252, 11253, 11256, 11260, 11267, 11269, 11275, 11278, 13741, 13776, 13777, & 11862). **4. Extent of relief and the reason**  **seeking relief from**  **§ 91.7(a)**  **and why an exemption from**  **the requirements of §**  **91.7(a) would not adversely a ffect**  **s afety**  **.** Extent: Relief from § 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow UNMANNNED AIRCRAFT SOLUTIONS to determine that the UAS PLATFORMS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e. Operations Manual, Monthly Maintenance Log, and the UAS PLATFORMS Instruction Manual s ). Reason: UNMANNED AIRCRAFT SOLUTIONS seeks the requested relief bec ause the UAS PLATFORMS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. The FAA has stated that no exemption is required for § 91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicab le. See Docket No. FAA
-2014
-0352 at 13
-14, 22. Safety: The equivalent level of safety established by § 91.7(a) will be maintained because prior to every flight, UNMANNED AIRCRAFT SOLUTIONS will ensure that the UAS PLATFORMS are in an airwort hy condition based upon the sUAS s’ compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from § 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160,11161 , 11230, 11240, 11252, 11253, 11256, 11256, 11260, 11267, 11269, 11275, 11278, 13741, 13776, 13777, & 11862 ). **5. Extent of relief and the reason**  **seeking relief from**  **§ 91.119**  **(b) and (c) and**  **why an exemption from the requirements of**  **§ 91.119(b) and (c)**  **would not a dversely**  **a ffect**  **safet y.**  Extent: UNMANNNED AIRCRAFT SOLUTIONS seeks an exemption from the minimum safe altitude requirements of § 91.119 (b) and (c) . This section prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or st ructure in non
- congested areas. Reason: Maximum altitude for operating sUAS is limited at 400 feet AGL and due to the unique aerial data collection capabilities of sUASs, the proximity requirements required by § 91.119 (b) and (c) would not allow these types of businesses to operate
. The sUASs operated by UNMANNED AIRCRAFT SOLUTIONS will not operate over 400 feet AGL or near any non - participating persons as prescribed by the restrictions and limitations
. Safety: The s UAS s operated by UNMANNNED AIRCRAFT SOLUTIONS are far smaller than manned aircraft, such as rotorcraft and fixed winged aircraft. Additionally, the UAS do not carry a pilot or passengers, weigh less than 55 pounds, do not carry flammable fuel, will not exceed 40 knot s, and it will not be operated over non
- participating persons. The s UAS s will be operated VLOS and below 400 feet AGL with the use of a PIC and a S O to avoid risk to aircraft, persons, and property. This provides an9

equivalent or greater level of safety than achieved with conventional aircraft currently performing similar operations. Additionally, t he FAA has previously granted relief from § 91.119 (b) and (c) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11230, 11240, 11252, 11253, 11256, 11260, 11267, 11269, 11275, 11278, 11862, 13741, 13776, & 13777). **6. Extent of relief and the reason**  **seeking relief from**  **§ 91.121**  **and why an exemption from**  **the requirements of §**  **91.121 would not a dversely**  **a ffect**  **s afety**  **.** Extent: Relief from § 91.121, entitled Altimeter settings, may be required to allow flight operations of the UAS PLATFORMS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Reason: Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), U NMANNED AIRCRAFT SOLUTIONS seeks the requested relief because the UAS PLATFORMS’ altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Safety: The equivalent level of safety established by § 91.121 will be maintained because the altitude information of the UAS PLATFORMS will be provided to the PIC via GPS and GCS equipment via a radio communications telemetry data link, which downlinks from the UA to the GCS for active monito ring of the flight path and altitude. This altitude information, combined with UNMANNED AIRCRAFT SOLUTIONS’ operation of the UAS PLATFORMS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to § 91.121. The altitude information will be generated by GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level and won’t go over 400 feet AGL
. The FAA has previously gran ted relief from § 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 111 59, 11160,11161 , 11230, 11240, 11252, 11253, 11256, 11260, 11267, 11269, 11275, 11278, 13741, 13776, 13777, & 11862 ). **7. Extent of r** **elief and the r** **eason seeking**  **r elief**  **f rom**  **§ 91.151**  **and why an exemption from** 

**the r equirements**  **of §**  **91.151 would not adversely a** **ffect s** **afety .**  Extent: Relief from § 91.151 entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered UAS PLATFORMS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a duration based on battery life and related return time
. Reason: UNMANNED AIRCRAFT SOLUTIONS seeks the requested relief because without an exemption from § 91.1 51 , the flight time duration of the battery powered UAS PLATFORMS will severely constrain the practicality of any data collection flight operations that UNMANNED AIRCRAFT SOLUTIONS proposes to conduct pursuant to this Petition.10

Safety: A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. § 91.151 as a result of (1) the technical specifications of the UAS PLATFORMS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, UNMANNED AIRCRAFT SOLUTIONS wil l ensure that it will safely operate the battery powered UAS PLATFORMS during daylight hours in VFR conditions, with enough battery pow er to safely return initial launch point with power to spare. Furthermore, safety will be ensured as the UAS PLATFORMS provide s warnings to the PIC at the GCS when the UAS experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the critically low battery level, th e UAS PLATFORMS will return to launch point, descend , and land automatically. P revious exemptions granted by the FAA concerning § 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the U AS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in § 91.151, including Exemption Nos. 2689, 5745, and 10650. The FAA has also granted relief from § 91.151 specific to UAS, in circumstances si milar to those presented herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160,11161, 11230, 11240, 11252, 11253, 11256, 11260, 1 1267, 11269, 11275, 11278, 13741 , 13776, 13777, & 11862 ). **8. Extent of r** **elief and the r** **eason seeking**  **relief f rom**  **§§ 91.405(a), 91.407(a)(1**  **), 91.409(a)(1)**

**& (a)(2), a nd**  **91.417(a) & (b) and**  **why a n**  **e xemption**  **from the requirements o f**  **these sections**  **would not adversely a** **ffect s** **afety .**  Extent: Since §§ 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, and deals with required maintenance inspections. Reason: UNMANNED AIRCRAFT SOLUTIONS requests relief from these s ections because the UAS PLATFORMS do not require airworthiness certificates. The UAS PLATFORMS meet the conditions of FMRA Section 333 for operation without an airworthiness certificate. Accordingly, UNMANNED AIRCRAFT SOLUTIONS will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in th e UAS operating documents (i.e. Operations Manual, Monthly Maint enance Log, and UAS Instruction Manual s ). Furthermore, UNMANNED AIRCRAFT SOLUTIONS will document and maintain all maintenance records for its UASs. In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and their operation, UNMANNED AIRCRAFT SOLUTIONS operation of its s UASs meets the conditions of FMRA Section 333 and therefore, wi ll not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Safety: In seeking this exem ption, UNMANNED AIRCRAFT SOLUTIONS submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by these sections will be met because UNMANNED AIRCRAFT SOLUTIONS will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., UNMANNED AIRCRAFT SOLUTIONS Aerial Operations Manual, Monthly Maintenance Log, and UAS PLATF ORMS Instruction Manual s ). Furthermore, UNMANNED AIRCRAFT SOLUTIONS will document and maintain all maintenance records11

for the UAS PLATFORMS . Since the UAS PLATFORMS will be inspected as prescribed by the operating documents, UNMANNED AIRCRAFT SOLUTIONS will maintain the equivalent level of safety established by these sections. The FAA has previously granted relief specific to UAS in circumstances similar, in all materia l respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11230, 11240, 11252, 11253, 11256, 11260, 11267, 11269, 11275, 11278, 13741, 13776, 13777, & 11862 ). **D. The reasons why g ranting**  **UNMANNED AIRCRAFT SOLUTIONS request would benefit t he**  **public as a w**  **hole.** Granting the present Petition will further the public interest by allowing UNMANNED AIRCRAFT SOLUTIONS to safely, efficiently, and economically perform aerial data collection over certain areas of the United States below 400 feet AGL
. **1. The public will benefit from decreased congestion of t**  **he NAS.** The UAS PLATFORMS are battery powered and serve as a safe, efficient, and economical alternative to the manned aircraft traditionally u tilized to obtain aerial data . By reducing the amount of manned aircraft needed to perform aerial data acquisitions, an exemption allowing the use of the UAS PLATFORMS would reduce the amount of manned aircraft in t he NAS as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departin g aircraft will be reduced. The UAS PLATFORMS do not requi re an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landi ng phases of flight operations. **2. The public will benefit from the safety and efficiency of the**  **UAS PLATFORMS**  **.** Conducting aerial data collection with the UAS PLATFORMS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the UAS PLATFORMS produce no air pollution, and is the most viable environmentally consciou s alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20
- 30 gallons per hour of leaded aviation fuel. The UAS PLATFORMS, while reducing t he carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine. By using the UAS PLATFORMS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the UAS PLATFORMS (weighing less than 55 pounds at their maximum gross weight with a dimension of no more than 45 inches for VTOL, 127 inches for fixed wing, and with no fuel on board), has less physical potential for collateral damage to life and property on the ground,12

and in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). Compared to all other aircraft type sUASs for commercial operation are the least threatening sUASs since by requesting this exemption they have stated a clear understanding of the pertinent rules and regulations provided by the 333 exemptions conditions an d limitations. **3. Performing aerial data collections**  **operations with t he**  **UAS PLATFORMS w** **ill benefit the**  **e conomy.**  T he UAS PLATFORMS; i n additio n to being safe and efficient, are an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the UAS PLATFORMS will allow United States based companies, like UNMANNED AIRCRAFT SOLUTIONS, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the En vironmental Protection Agency (EPA ) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered UAS PLATFORMS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the UAS PLATFORMS, companies such as UNMANNED AIRCRAFT SOLUTIONS, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the UAS PLATFORMS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in t he United States and abroad. **4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, UNMANNED AIRCRAFT SOLUTIONS’ proposed operation of the UAS PLATFORMS will not implicate any pri vacy issues. Specifically, the UAS PLATFORMS will be operated only in compliance with operating documents (i.e., UNMANNED AIRCRAFT SOLUTIONS Aerial Operations Manual, Monthly Maintenance Log, and UAS PLATFORMS Instruction Manual s ) which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the altitude requirements of 14 C.F.R. § 91.119. **E. The reasons why granting the exemption would not adversely affect safe ty, or how the e** **xempt ion**  **would provide a level of safety at least equal to that provided by the rule from w hich**  **UNMANNED AIRCRAFT SOLUTIONS**  **seeks e xemption.**  **1. Reasons why t**  **he s**  **UAS s meet the conditions of t**  **he FAA Modernization and Reform Act of 2012 (FMRA) Section**  **333.** In consideration of the size, weight, speed, and limited operating area associated with the UAS PLATFORMS and its operation, UNMANNED AIRCRAFT SOLUTIONS’ operation of its s UASs meet the conditions of FMRA Section 333, and will not req uire an airworthiness certificate in accordance with 1413

C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to use rs of the NAS or the public, or otherwise pose a threat to national security. In seeking this exemption, UNMANNED AIRCRAFT SOLUTIONS submits that the UAS PLATFORMS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) T he characteristics of the UAS PLATFORMS; (b ) T he specific operating conditions and limitations.
**a. The specifications of t**  **he UAS PLATFORMS d**  **em onstrate its safe c**  **haracteristics.** The UAS PLATFORMS do not create a hazard to users of the NAS, the public, or otherwise pose a threat to national security considering its small size, weight, speed, and operational capability
. Previous exemptions listed above throughout [ Section C ] show that the UAS PLATFORMS have safe ch aracteristics and will operate safely. **b. Flights o** **f s**  **UAS s will be conducted**  **under s**  **pecific operating**  **conditions and l**  **imitations provided by**  **the 333 exemption .**  In seeking this exemption, UNMANNED AIRCRAFT SOLUTIONS plans to conduct aerial data collection commercially over certain areas of United States, pursuant to the following specific operating conditions and limitations: 1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the operating documents, s UAS s weighing less than 55 pounds maximum gross weight: DJI Phantom 3 Professional & Advanced , DJI Phantom 4, DJI Inspire 1, DJI S900, DJI S100 0+, DJI Matrice 100, and UASUSA Tempest s UASs . Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. The UAS may not be flown at an indicated airspeed exceeding 20 knots for the VTOL unmanned aircraft and 40 knots for the fixed wing unmanned aircraft
. 3. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents unless a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 4. The UAS must be operated within visual line of sight (V LOS) 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
. 5. The use of first person view ( FPV) by the PIC or safety observer (SO) is not permitted and any payload that requires control will be handled by a third team member
. 6. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as long as both t he PIC and SO always maintains VLOS capability. The SO 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 hi s or her designation for the duration of the flight. The PIC must ensure that the SO can perform the functions prescribed in the operating documents.14 7. The operating documents and the grant of exemption must be accessible during UAS operations and made ava ilable to the Administrator upon request. I f a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of e xemption 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 Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS
-80) may be contacted if questions arise regarding updates or revisions t o the operating documents. 8. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. 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. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 9. 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. The PIC who conducts the functional t est flight must make an entry in the aircraft records. 10. The pre
-flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 11. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 12. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with th e operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized pe rson returning the UAS to service. 13. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 14. Under this grant of exemption, a PIC must hold an airline transport, comme rcial, private, recreational, or sport pilot certificate, unless operating the DJI Phantom 3 Advanced, Professional or Phantom 4 and granted an exemption from § 61. 3 for only those specific sUASs . 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 in which the PIC is rated on his or her pilot certific ate. 15. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducte d 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 UA with appropriate distance from nonparticipa nts in accordance with 14 C.F.R. § 91.119.15 16. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1
. All flights must be operated under VMC. Flights under special visual flight rules must be obtained through a COA or amendment to t he 333 exemption. 17. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA
- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 18. The UA may not be operated less than 500 feet below or less than 2,000 feet horiz ontally from a cloud or when visibility is less than 3 statute miles from the PIC. 19. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating documents. 20. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 21. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather con ditions) there is enough power to fly at normal cruising speed to the intended land ing point and land the UA with at least the reserve power recommended by the sUAS manufacturer. 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 enclosed COA
. 23. All aircraft operated in ac cordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N
- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 24. Docum ents 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 document s must be made available to the Administrator or any law enforcement official upon request. 25. The UA must remain clear and yield the right of 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. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:
a. Barriers or struct ures are present that sufficiently protect nonparticipating persons from the UA 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 UA, flight operations must cease immediately and/or;16 b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted pe rmission 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, and;
c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an un d ue hazard to those persons per § 91.119(a).
28. All operations shall be conducted over private or controlled
- access property with permission from the land owner/controller or authorized repre sentative. Permission from land owner/controller or authorized re presentative will be obtained for each flight to be conducted. 29. During operations involving closed
- set motion picture and television filming and production, the operator must have a Motion Picture and Television Operations Manual (MPTOM). 30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3
- day notification may be waiv ed with the concurrence of the FSDO. The plan of activities must include at least the following:
a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;
c. Name and phone number of the person responsible for the on
-scene operation of the UAS; d. Make, model, and serial or N −Number of UAS to be used;
e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permiss ion from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request; g. Signature of exemption holder or representative; and h. A description of t he flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation. 31. Flight operations may be conducted closer than 500 feet from partici pating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM. 32. 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. **2 .**  **The FAA may prescribe a**  **ny other conditions for s** **afe o**  **peration.**17

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, UNMANNED AIRCRAFT SOLUTIONS requests that the FAA prescri be special conditions for the intended operation of the UAS PLATFORMS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by the aforementioned sections of 14 C.F.R. Such special conditions will permit safe operation of the UAS for the limited purpose of conducting aerial data collection over certain areas of the United States for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the UAS PLATFORMS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual d esign features of the aircraft. See 14 C.F.R. § 21.16
. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for UNMANNED AIRCRAFT SOLUTIONS’ UAS PLATFORMS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by the aforementioned sections of 14 C.F.R. **CONCLUSION** As set forth in this document, UNMANNED AIRCRAFT SOLUTIONS seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernizatio n and Reform Act of 2012 (FMRA). This will permit safe operation of the UAS PLATFORMS commercially, without an airworthiness certificate, for the purpose of conducting aerial data collection over certain areas of the U nited States. By granting this p etition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing UNMANNED AIRCRAFT SOLUTIONS to safely, efficiently, and economically operate the aforementioned s UASs for commercial purposes
.
Thank you for your time, Christopher Davidson Manager Unmanned Aircraft Solutions, LLC18 Hyperlink Addresses DJI Phantom 3 Advanced Spec Sheet: http://www.dji.com/product/phantom

- 3
- adv/info#specs DJI Phantom 3 Pro Spec Sheet: http://www.dji.com/product/pha ntom - 3
- pro/info#specs DJI Phantom 4 Spec Sheet: http://www.dji.com/product/phantom

-4/info#specs DJI Inspire 1 Spec Sheet: http://www.dji.com/product/inspire

- 1
- pro - and
- raw DJI Matrice Spec Sheet: https://developer.dji.com/matrice

- 100/specs/ DJI Spreading Wings S900 Spec Sheet: http://www.dji.com/product/spreading

-wings
- s900/info#specs DJI S1000+ Spec Sheet: http://www.dji.com/product/spreading

-wings
- s1000
- plus/info#specs UASUSA Tempest Spec Sheet: http://www.uasusa.com/products

- services/aircraft/the

-tempest