# Rupprecht Law P. A.
324 Datura Street, Suite 200 | West Palm Beach, FL 33401 P: (561) 222

- 6979 | E: jon@jrupprechtlaw.com | W: www.jrupprechtlaw.com

April 14 , 2015 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE, West Building Ground Floor, Room W12

- 140, Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 61.23(a) and (c); 61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) & (b).

PETITION FOR SUMMARY EXEMPTION

Dear S ir or Madam:
Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Enviroskycam
, operator of small Unmanned Aircraft Systems (UAS) equipped to conduct aerial imaging for environmental monitoring and wildlife conservation, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its small UAS, so long as such operations are conducted within and under the cond itions outlined herein or as may be established by the FAA as required by Section 333.
QUICK REFERENCE SUMMARY:

 Types of aircraft to be flown :

o DJI Phantom 2 Vision + (previously granted in Exemption # 11313 ).

 The operations will be aerial imaging for environmental monitoring and wildlife conservation

. (Exemption # 11259 was granted to allow environmental monitoring.)

 We already agree to all the restrictions listed in Exemption # 1125 9 which are listed below.

 The PIC is a commercial pilot w ho has 3 5 years of R/C building and flying experience. Based upon the FAA’ s recent guidance, this petition is eligible for summary exemption an d should be granted immediately.2

Enviroskycam requests that the publication and comment procedures be waived in accordance with 14 C.F.R. § 11.87 which states : § 11.87 Are there circumstances in which FAA may decide not to publish a summary of my petition for exemption? The FAA may not publish a summary of your petition for exemption and request comments if you present or we find good cause why we should not delay action on your petition. The factors we consider in deciding not to request comment include: (a) Whether granting your petition would set a precedent. (b) Whether the relief requested is identical to exemptions granted previously. (c) Whether our delaying action on your petition would affect you adversely. (d) Whether you filed your petition in a timely manner.

Corresponding to the above sub

- sections, Enviroskycam has good cause to request the FAA to waive the comment period and not delay action on the petition because:
(a) Enviroskycam would not set any precedent. Enviroskycam agrees to the SAME exact limitations exact limitations as Exemption # 11259. (b) Enviroskycam agrees to the SAME exact limitations as Exemption # 11259

. (c) Delaying the granting of this petition would adversely affect the public, the FAA, and Enviroskycam The public, as well as the FAA, would be better served by the FAA quickly granting this petition and thereby freeing up limited FAA resources and allowing FAA inspectors to dedicate their time and attention to much higher priorities. Moreover, Enviroskyca m is adversely affected by the above listed regulations.
(d) The petition has been filed in a timely manner.3

Petitioner’s contact info: Enviroskycam Attn: Gus Calderon Phone: 760

- 519

- 1941 Address: 878 Hollyhock Court, Carlsbad, CA 92011
Rupprecht Law, P.A. Attn: Jonathan Rupprecht Phone: 561

- 222

- 6979 Email: jon@jrupprechtlaw.com Address: 324 Datura Street, Suite 200, West Palm Beach, Florida 33401
Regulations from which the exemption is requested:

 14 C.F.R. § 61.23(a) and (c)

 14 C.F.R. § 61.101(e)(4) and (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)(1)

 14 C.F.R. § 91.405(a)

 14 C.F.R. § 91.407(a)(1)

 14 C.F.R. § 91.409(a)(1) & (2)

 14 C.F.R. § 91.417(a) & (b)
This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012 . This law directs the Secretary of Transportation to consider whether certain unmanned aircraf t systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the FAA Modernization and Reform Act. In making this determination, the Secretary is required to determine which types of U A 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 UA’s size, weight, speed, and operational capability;

 Operation of the UA in close proximity to airports and populated areas; and,4

 Operation of the UA within visual line of sight of the operator (VLOS). 1

I f 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). 2
The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil a ircraft, as the term is defined under § 40101 of
the Act that includes UAS ’ s, from the requirement that all civil aircraft must have a current
airworthiness certificate.
“The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if the Administrator finds the exemption in the public interest.” 49 U.S.C. § 44701(f). See also 49 U

. S

. C

. § 44711(b).

ABOUT THE PETITIONER
Enviroskycam is an aeria l imaging company that has been conducting commercial operations in
a Beechcraft Bonanza A

- 36 since 2006. Since the large size and high cruising speed of a fixed

- wing manned aircraft preclude sensitive environmental monitoring and related operations at a l ow altitude, the applicant has acquired a DJI Phantom 2 Vision+ that weighs less than 3 lbs. including payload in order
to conduct comm ercial operations with its UAS. Applicant has developed a confidential Flight Operations & Procedures Manual (FOPM) and A ircraft Flight Manual (AFM) hereinafter referred to as the “Operator’s Manual.” The pilot in command also has 35 years of experience building and flying

remote

- co ntrolled aircraft. Such operations will ensure that the UAS will "not create a hazard to users of the national airspace system or the public.”

1 FAA Modernization and Reform Act of 2012 at § 333(a). 2 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be determine d that the conditions set forth herein do not fulfill the statutory requirements for approval.5

OPERATING DOCUMENTS Enviroskycam will op erate only within the limitations below and the limitations listed in the DJ I
User ’ s Manual, Flight Operations & Procedures Man ual (FOPM)
, a nd Aircraft Flight Manual (AFM)

. The FOPM and AFM are considered proprietary and will be submitted confidentially via email. If there
is a conflict between the documents
, the limitations below from the previously granted exemption will take precedence over any manual.
AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY
The applicant proposes that the exemption requested herein applies to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at le ast an equivalent or even higher level of safety to operations under the current regulatory structure.

T hese limitations and conditions are identical to Exemption # 11259. except for the difference in
aircraft

. Enviroskycam agrees to be bound when conducting commercial UA operations. The list of limitations and conditions include the following:
1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 Vision + when weighing less than 55 pounds including payl oad. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption.
2. Ope rations for the purpose of closed

- set motion pic ture and television filming are not permitted.
3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to deter mine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operat ing airspeed recommended by the aircraft manufacturer.
4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.6

5. The UA 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 u naided by any device other than corrective lenses, as specified on the PIC’s FAA

- issue d airman medical certificate or U.S. driver’s license.
6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be u sed to satisfy the VLOS requirement as long a s the PIC always maintains VLOS capability. The VO and PIC must be able to com municate 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 designatio n for the duration of the flight. The PIC must ensure tha t the VO can perform the duties required of the VO.
7. This exemption and all documents needed to operate the UAS and conduct its operation s in
accordance with the conditions and limi tations stated in this grant of exemption, are hereinafter referred to as the ope rating documents. The operating documents must be accessible during UAS

opera tions and made available to the Administrator upon req uest. If a discrepancy ex ists betwe en the
conditions and limitations in this exemption and the procedures outlin ed in the operating documents, the conditions and limitations herein take p recedence and must be followed. Otherwise, the operator must follow the procedur es 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 t he Administrator or any law enforce ment official upon r equest. The operator must also present updated and revised document s if it petitions for extension or amendment to this grant of exemption. If the operato r determines that any update or revision would affect the basis upon which the FAA g ranted this exemption, then the operator must petition for an amendment to its gr ant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if quest ions arise regarding updates or revisions to the oper ating documents.
8. Any UAS that has undergone maintenance or alteration s that affect the UAS operation or flight characteristics, e.g. replacement of a flight c ritical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a P IC with a VO and must remain at least 500 feet from other people. The functional7

test f light must be conducted in such a manner so as to not pose an undue hazard to persons and

prop erty. 9. The operator is responsible for maintaining and inspecti ng the UAS to en sure that it is in a condition for safe operation.
10. Prior to each flight, the PIC must conduct a pre

- flig ht inspection and determine the UAS is in a condition for safe flig ht. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable componen ts, items, or equipment. If the inspection reveals a condition that affects the safe operat ion of the UAS, the aircraft is prohibited from operating until t he necessary mainten ance has been performed and the UAS is found to be in a condition for safe flight.
11. The operator must follow the UAS manufa cturer’s maintenance , overhaul, replacement, inspection, and life limit requirements for the aircraft and airc raft components. 12. Each UAS operated under this exemption must comp ly with all manufacturer safety bulletins.
13. Under this grant of exemption, a PIC must ho ld either an airline transport, commercial, private, recreational, or sport pilot certif icate. 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 Colombia, Puerto Rico, a territory, a possession, or the Fede ral government. The PIC must also meet the flight r eview requirements specified in 14 CFR § 61.56 in an aircraft in 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 th e ability to safely operate the UAS in a manner cons istent with how the UAS will be operated under this exemption, including evas ive and emergency maneuvers and maintaining appropriate distances from persons,
vessel s, vehicles and structures. PIC qualifica tion flight hours and currency must be log ged in a
manner consistent with 14 CFR § 61.51(b). Flights for the purposes of train ing the operator’s PICs
and VOs (training, proficiency, and experience

- building) and determining the PIC’s ability to safely

opera te the UAS in a manner consistent wi th how the UAS will be operated under this exemption are permitted under the te rms of this e xemption. However, training operations may only be conducted8

during dedi cated training sessions. During training, proficiency, a nd experience

- building flights , all persons not essential for flight operations are considered nonparticipants, and the PIC must operate
the UA 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 meteorolo gical conditions (VMC). Flig hts under special visual flight rules (SVFR) are not authorized.
16. The UA may not operate within 5 nautical miles of a n a irport reference point (ARP) as denoted in the current FAA Airport/Facility Dire ctory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as deno ted on the current FAA published aeronautical chart, unless a letter o f agreement with that airport’s management is obtained or otherwise permitted b y a COA issued to the exemption holder. The letter of agreement with the airport ma nagement must be made availab le to the Administrator or a ny law enforcement official upon request.
17. The UA may not be operated less than 500 fee t below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses i ts GPS signal, the UA must return to a predetermined location within the private or controlled

- access property.

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

20. PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after
that for at least f

ive minutes or with the reserve power recommended by the manufacturer if greater.

21. A ir Traffic Organization (ATO) Certificate of Wai ver or Authorization (COA). All operations shall
be conducted in accorda nce with a n ATO

- issued COA. The exemption holder may apply for a new or
amended COA if it intends to conduct operations that cannot be c onducted under the terms of the
attached COA.9

22. All aircraft operated in accordance with this exempti on must be identified by serial number, registered in accordance with 14 CFR part 47, an d have identification (N Number) markings in
accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.
23. Documents used by the operator to ensure the safe oper ation 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
C ontrol Station of the UAS any time t he aircraft is operating. These documents must be made
available to the Admin istrator or any law enforcement official upon request.
24. The UA must remain clear and give way to all manned aviation operations and activiti es at all times.

25 . The UAS may not be operated by the PIC from any moving device or vehicle.
26. 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 p rotect nonparti cipating persons from the UA
and/or debris in the event of an acc ident. The operator must ensure that nonparticipating persons remain under such pr otection. If a situation arises where nonparticipating persons leave such protec tion and are within 500 feet of the UA, 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 safet y assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.
The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.
27. All operations shall be conducted over private or controlled

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

own er/controller or au thorized representative will be obtained for each flight to be conducted.10

28. Any incident, accident, or flight operation that trans gresses 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) wit hin 24 hours. Accident s must be reported to the National Transportation Safet y Board (NTSB) per instructions contained on th e NTSB Web site: www.ntsb.gov.

Unles s otherwise specified in this grant of exemption, th e UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

STATUTORY CRITERIA PROVIDED IN SECTION 333
The Federal Aviation Act (49 U.S.C.§ 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 parti cular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate and under the restrictions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) o perating with an airworthiness certificate without the restrictions and conditions proposed.
Since the UA fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot, there is no ability or place to carry certification and registratio n documents or to display them on the unmanned aircraft. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UA will have immediate access to them. Given the size
of the unmanned aircraft, the FAA registration number will be displayed on the airframe in as large a font as possible.
14 C.F.R. § 61.23(a) & (c): M EDICAL C ERTIFICATES Exemption # 11221 , # 11284, and many other s have provided that a U.S. driver’s license
could be used in lieu of the medical certificate.11

14 C.F.R. § 61.101( e )(4) & (5): R ECREATIONAL P ILOT P RIVILEGES AND L IMITATIONS & 14 C.F.R. § 61.315( a ): S PORT P ILOT L IMITATIONS
. Exemption # 11221, # 11284, and many others have provided that the “PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate.” Likewise, Enviroskycam is also performing commercial UAS work and is asking for the same restrictions which have been previously deemed to provide an equivalent level of safety as the burdensome regulations.
14 C.F.R. § 61.113 (a) : P RIVATE P ILOT P RIVILEGES A ND L IMITATIONS : P ILOT I N C OMMAND
.
Sub

- sections 61.113(a) limit private pilots to non

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot's
license rather than a commercia l pilot's license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on
board.

14 C.F.R

. § 91.7( a ): C IVIL A IRCRAFT A IRWORTHINESS
. Exemption # 11313 previously determined that a DJI Phantom 2 Vision + should not be required to have an airworthiness certificate based upon the authority of Section 333 of the FAA
Modernization and Reform Act of 2012

. 14 C.F.R. § 91.119: M INIMUM S AFE A LTITUDES Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescrib ed for helicopters by the FAA.
Because of the lack of flammable fuel, any risk associated with these operations is far less than those presently presented wi th conventional aircraft operating at or below 500 AGL. In addition, the low

- altitude operations of the UAS will ensure separation between these small UAS operations and the operations of conventional aircraft that must comply with Section 91.119.12

14 C.F.R. § 91.121: A LTIMETER S ETTINGS 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 availab le before departure." As the UAS 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, pursuant to the user’s manual

.
14 C.F.R. § 91.151( a ): F UEL R EQUIREMENTS FOR F LIGHT IN VFR C ONDITIONS Section 91.151 (a) 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."
14 C.F.R. § 91.405 (a); § 91. 407 (a) (1); § 91. 409 (a) (2); § 91. 417(a) & (b): M AINTENANCE
I NSPECTIONS 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 repaire d as prescribed in part 43 of this chapter" 3 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 to the applicant. An equivalent level of safety will be achieved because these small UAS’s are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. 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.

3 14 C.F.R. § 91.405(a).13

CONCLUSION: The operation of Enviroskycam using a small UAS , weighing less than 55 lbs., conducted under the proposed restrictions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein.
If I can be of any assistance to further expedite this petition, p lease do not hesitate to contact me at (561)222

- 6979 or at my email jon@jrupprechtlaw.com
Sincerely yours,