January 5, 2016

U.S. Department of Transportation Docket Operations, M

- 30 1200 New Jersey Avenue, SE

Room W12

- 140, West Building Ground Floor Washington, DC 20590

- 0001

Re: Petition of Tim Trott dba Southern Helicam for an Modification to Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 to Operate an Unmanned Aircraft System for Training purposes. ID: FAA

- 2015

- 0263

- 0001

Dear Sir 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, Tim Trott, dba Southern Helicam , previously granted Exemption #11631 under Section 333, hereby applies for an further exemption from the Federal Aviation Regulations identified below to allow for the commercial operation for operator safety and flight operation training and relief from Pilot Certification requirement

.

I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED

Petitioner requests exemption from one or more the foll owing regulations:

**•** 14 C.F.R Part 21, Subpart H;

**•** 14 C.F.R Part 27;

**•** 14 C.F.R § 45.23(b);

**•** 14 C.F.R. § 45.27(a);

**•** 14 C.F.R § 61.113;

**•** 14 C.F.R § 91.7(a);

**•** 14 C.F.R § 91.9(b)(2);

**•** 14 C.F.R § 91.9(c);

**•** 14 C.F.R § 91.103;

**•** 14 C.F.R § 91.109(a);

**•** 14 C.F.R § 91.119;

**•** 14 C.F.R § 91.121;

**•** 14 C.F.R § 91.151(a) & (b)

**•** 14 C.F.R § 91.203 (a) & (b);

**•** 14 C.F.R § 91.405(a);

**•** 14 C.F.R § 91.407(a)(l);

**•** 14 C.F.R § 91.409(a)(2);

**•** 14 C.F.R § 91.417 (a) & (b).II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS

This petition for exemption is submitted in accordance with Section 333 of the Reform Act. Congress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system.” Pursuant to Section 333 of the Reform Act, the FAA

Admini strator is to permit operation of an unmanned aircraft system where it does not create a hazard to users of the national airspace system (NAS) or the public or pose a threat to national security based on the following considerations:

**•** The size, weight, spe ed and operational capability;

**•** Operation in proximity to airports and populated areas; and

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

Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant exemptions from the agency’s safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. §§ 106(f), 44701

- 44716, et seq. A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety or how it would provide a level of safety at least equal to the existing rules. 14 C.F.R. § 11.81.

III. DESCRIPTION OF PETITIONER AND ITS SERVICES

Petitioner is a holder of an existing Section 333 Exemption who seeks further exemption such as to provide training for unmanned aerial vehicles for recreational or commercial users a s well as public safety and emergency services entities , for the purpose of promoting greater safety i n the national airspace , and to ensure safe use

, while mitigating risk to persons and property.

A training curriculum has been developed (see section IV below) to encompass the 11 training areas outlined in the NPRM (§107) in addition to other basic avia tion ground school subjects.

The aim is to make sure that operators receive training sufficient to maintain safety standards and

to understand the FAA rules and safety standards.

The Petitioner’s curriculum is based on a building block learning system. Operators in training would be required to obtain membership in the Academy of Model Aeronautics and to practice a specified number of hours at an AMA club facility.

IV. DESCRIPTION OF PROPOSED OPERATIONS

Petitioner is requesting exemptions from applicable Federal Aviation Regulations (FARs) pursuant to Section 333 of the Reform Act to perform UAV training to persons or organizations which would be using small UAVs

. Petitioner training sessions are designed to assure (i) public and worker safety; (ii) safe methods to effectively employ small UAVs ; and (iii) ensure operatorsare aware of all pertinent FAA regulations

. Granting of this further exemption will enhance safety by reducing risk to the operator, the general public and property owners from hazards

associated with small UAVs

.

Petitioner recognizes the enormous potential of sUAS but also recognizes the need for due diligence and respons ibility on the part of the persons who will fly the sUAS to ensure the safety of the National Airspace (NAS) with respect to manned aircraft. Petitioner will assist with the integration of sUAS i nto the NAS by educating users on this new technology. Petit ioner is seeking this exemption to ensure that recreational user and operators for public entities have a reasonable option for obtaining training on small UAVs

.

Petitioner’ s mission is to help promote the protection of the NAS by providing education and training for sUAS operators

.

Petitioner’s courses are to be taught in a step

- by

- step progression where the user has indoor training followed by outdoor flight training. The course of training is based on the Fundamentals

of In struction me thods of classroom instruction, trainer demonstration and user hands

- on performance. Understanding and proficiency is determined by knowledge (written) and proficiency (skills) testing.

I n addition to flight training, the i nstruction includes the followi ng:

(1) applicable regulations relating to small UAS rating privileges, limitations, and flight operation; (2) airspace classification and operating requirements, a) obstacle clearance requirements b) flight restrictions affecting small UAS operation; (3) official sources of weather and effects of weather on small UAS performance; (4) small UAS loading and performance; (5) emergency procedures; (6) crew resource management; (7) radio communication procedures; (8) determining the performance of sm all UAS; (9) physiological effects of drugs and alcohol; (10) aeronautical decision

- making and judgment; and (11) airport operations

The training sessions will take place in various locations

. All flight t raining is to be conducted at

200 AGL or below.

The sUAS to be used in training are those which were included in the previously approved exemption (11636) or those owned by the student who will be required to obtain and hold the requisite owner registration.

1. General Description of Proposed Flight OperationsThe proposed operations do not create any hazard to users of the N ational A irspace S ystem or pose a threat to national security. The sUAV’s ground speed has a maximum of 2 5 mph but it will be operated between 2 an d 5 miles per hour, at or below 2 00 feet AGL.

Petitioner training operations will be in areas at least 5 miles from any airport or two miles from

restricted zone s (hospital, etc.)

.

The FAA has determined that the risk of not having an electronic means to monitor and communicate with other aircraft, such as transponders or sense and avoid technology, is mitigated by placing limits on altitude, requiring distance from clouds, permittin g daytime operations only, requiring that the aircraft be operated within visual line of sight and yield right of way to all other manned operations. However, where appropriate, the operator has the capacity to monitor aircraft frequencies with aircraft tr ansceivers maintained for the purpose.

The petitioner’s aircraft has the capability to operate safely after experiencing certain in

- flight failures, as specified in the product manuals previously provided . The aircraft is also able to respond to a lost

- l ink event with a pre

- coordinated, predictable, automated flight maneuver (Return To Home)

.

2. Specific Limitations on Proposed Flight Operations

Given the small size involved, the restricted environment within which they will operate, the procedures listed below, and pilot certificati on requirements, Petitioner’s proposed operations using the s UAS would “not create a hazard to users of the national airspace system or the public or pose a threat to national security.” Reform A ct Section 333(b)(1).

1. T he aircraft is approximately 3 pounds.

2. The aircraft will be identified by serial number, are registered with the FAA, and

have ide ntification (N

- Number) markings.

3. Flights will be operated within visual line of sight of the pilot in command (PIC).

4. Prior to eac h flight, a zero altitude initiation point will be established and confirmed for accuracy by PIC.

5. Maximum flight time for each operational flight will be 20 minutes.

6. The aircraft will be safely landed with no less than the greater of (a) 20% battery

life r emaining or (b) five minutes of flight time remaining.

7. The aircraft will be operated during daylight and in VFR conditions.

8. Flights will not exceed 2 00 feet AGL , so as to basic flight training

. 9. Flights will be operated at a lateral distance of at least 50 feet from any persons or property not associated with the operation who have not given prior permission.

10. Flights will be limited to a groundspeed of 5 mph.

11. Minimum crew for each flight will consist of a PIC and an Observer.

12. The trainer will assure that civ il UAS operations are conducted in accordance

with Section 333. The Petitioner may also employ, at his option, a licensed pilot or certified flight instructor (CFI)

13. Prior to the flight, a Mission Plan will be created setting forth the limitations for

th e flight

.14. The flight operations will yield the right of way to other manned aircraft operations.

15. All persons who are not involved with training class w ill be required to remain outside the marked training area.

16. All required permissions and permits will be obtained from territory, state, county or city jurisdictions prior to flight.

17. If an aircraft loses c ommunications, it will have programmed to return to a pre

determined launch location within the operational area and land.

18. If the aircraft loses its GPS signal it will have the capability of being flown manually to a predetermined location within the operational area and land.

19. The flight will be aborted in case of unpredicted obstacles or emergencies.

20. Each flight will be recorded in an Operations Log Book.

24. Maintenance on the aircraft will be recorded in a Maintenance Log Book.

3. Flight Recovery, Lost Communications, and Lost GPS Procedures

The flight recovery, lost communications, and lost GPS procedures are documented in the DJI manuals which were included in the prior approved petition.

V. SPECIFIC FAR EXEMPTIONS REQUESTED

Petitioner seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 61, and 91 for purposes of conducting the requested operations using the s UAS . Listed below are (1)

the specific FAR sections for which exemption is sought, and (2) the oper ating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal

to the rules from which exemption is sought. See 14 C.F.R. § 11.81 (e).

A. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Petitioner seeks exemption from 14 CFR § 61.113, which restricts private pilots from flying

aircraft for compensation or hire and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of a ny PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the pilot is carrying passengers or cargo for hire.

While the s UAS will be operated as part of a commercial operation, it carries neither passengers

nor cargo. In the Grant of Exemption in FAA Docket No. FAA

- 2014

- 0352, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the additional cost and restrictions attendant with requiring the PIC to h ave a commercial pilot certificate and a class II medical certificate. The FAA has also determined that the required knowledge for a commercial pilot covers the same fundamental principles as a private pilot. The applicant has demonstrated equivalent knowledge relevant to UAS operation by passing the

written test for Sport Aircraft (SPA).Furthermore, the security screening conducted by the Transportation Security Administration of certificated airmen satisfies the statutory requirement of Section 333 for operations to not pose a threat to national security. The Petitioner has provided identification by way of initiating student pilot training at First La ndings flight school in Apopka, Florida and Island Air Express in Panama City, Florida

.

The restrictions Petitioner has placed on its sUAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA

- 2014

- 0352. The aircraft will be

flown based on VLOS at or below 2 00 feet AGL

.

B. 14 C.F.R. § 91.103: Preflight Action

Equivalent Level of Safety: An equivalent level of safety will be provided by following the Manuals. The PIC will take all required preflight actions

- including performing all required checklists and reviewing weather, flight requirements, battery charge, landing and takeoff distance, aircraft performance data, and contingency landing areas

- before initiation of flight. The Manuals will be kep t at the ground station with the operator at all times.

C. 14 C.F.R. § 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides that “[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.” UASs and remote ly piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of the A2 Flight Control System/Ground Control Station (GCS) that communicates with

the aircraft via radio communications.

Equivalent Level of Safety: When f light instruction is performed, the public and all participants will be a safe distance from the aircraft, causin g no safety hazard. Given the size and speed of the

sUAS , an equivalent level of safe training can still be p erformed without dual controls because no pilot or passengers are aboard the aircraft, and all persons will be a safe distance away in the event that the aircraft experiences any difficulties during flight instruction. In addition, Petitioner

will conduct flight training at a facility away from population centers. These training fligh ts will

be conducted on the s ites and will otherwise comply with the provisions in the Manuals. Accordingly, Petitioner proposed method of operation provides superior levels of safety.

D. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested Areas

Petitioner requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). Section 91.119(c) prescribes that an aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. The Manuals provide for operations away from congested po pulations areas on the s ites

. The FAA has already determined that relief from Section 91.119(c) is warranted for UAS operations in unconges ted areas with similar flight restrictions as those imposed by Petitioner. See Grant of Exemption No. 11062, p. 20

- 21.Equivalent Level of Safety: Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, an d given the lack of flammable fuel, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the

sUAS

, as well as t he locati ons where it is operated

– the s ites. In order to avoid any risk to aircraft, flight operations will be restricted to 2 00 feet AGL or below. As set forth in the Manuals

and previously provided , the sUAS will be operated at locations away from persons or structures not involved in the operation. All persons who are not involved with Petitioner operations wi ll be required to be at least 25 feet from the training perimeter.

VI. PUBLIC INTEREST

Granting Petitioner petition for exemption furthers the public interest. National policy set by Congress favors early integration of UAS into the NAS in controlled, safe working environments

such as the s ites proposed in this petition. By granting this petition, the FAA will fulfill Congress’s intent of allowing UAS to operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act.

Moreover, use of unmanned aircraft operations will improve awareness of FAA regulations and provide a standard level of training for all sUAS operators . The use of the s UAS will also

decrease safety

- related incidents involving new operators

.

sUAS flight training will increase the effectiveness of new users , decrease their safety risks, and

reduce the number of incidents between unmanned and manned aircraft.

Thus, the use proposed here will allow Petitioner to determine the efficacy of the sUAS for increasing public safety. The s UAS is approximately 2.75 pounds, carries no passengers or

crew, and has no flammable fuel, as opposed to larger and more powerful h elicopters and small airplanes. This program may prevent accidents and injuries, and there is a strong public interest in making these operations more safe and effective through the use of UAS s.

VII. PRIVACY

All flights will occur over the identified s ites. All flights will be conducted in accordance with any federal, state or local laws regarding privacy.

VIII. SUMMARY FOR FEDERAL REGISTER

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Petitioner seeks an exemption from one or more of the following rules for the commercial operatio n of a small unmanned aerial system s for operator training : 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C. F.R § 91.109(a); 14C.F.R § 91.119; 14 C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).

The exemption will enhance safety by reduci ng risk to the operator, the general public and property owners from the hazards associated with new s UAS pilots

.

IX. ATTACHMENTS

Attachment 1: Certificate of FOI exam

Attachment 2: Certificate of SPA exam

Attachment 3: Instructor Certification from Florida Department of Law Enforcement

Attachment 4: Private Pilot Ground School Certificate

– Gold S eal Attachment 5: Unmanned Experts Initial Qualification Training Course (IQT1)

Attachment 6: Air Safety Institute ADS

- B for General Aviation

X. CONCLUSION

Satisfaction of the criteria provided in Section 333 of the Reform Act

- size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line of sight, and national security considerations

- provides more t han adequate justification for the grant of the requested extended exemptions to permit Petitioner to operate for training purposes

.

Granting the requested exemption will benefit the public interest as a whole in many ways, including (1) significantly imp roving safety and reducing risk by alleviating human exposure to danger; (2) improving the quality of services Petitioner can provide to its customers; and (3) decreasing the risks of unmanned aircraft interfering with manned aircraft

Respectfully submitted,

By : Tim Trott, Southern HelicamAttachment 1: FOIAttachment 2: SPAAttachment 3: FDLE InstructorAttachment 4 Unmanned Experts Initial Qualification Training Course (IQT1)Attachment 5Attachment 6 Air Safety Institute ADS

- B for General Aviation