1

November 9, 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); 91.4 09(a)(1) and (2); 91.417(a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Ref orm Act) and 14 C.F.R. Part 11, American UAV llc

, a n operator of Small Unmanned Aircraft (UA) hereby applies for an exe mption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its UA.

T ABLE OF C ONTENTS

I. QUICK REFERENCE SUMMARY................................................................................... ................2

II. AMERICAN UAV LLC, REQUEST THAT THE PUBLICATION AND COMMENT PROCEDURES BE WAIVED IN ACCORDANCE WITH 14 C.F.R. § 11.87....................

.. ....... .......4

III. FEDERAL REGISTER SUMMARY................................................................

......... ......................5

IV. PETITIONER’S CONTACT INFO .

................................................................ ...............................5

V. REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED........ ...............................5

VI. OPERATI NG DOCUMENTS........................................................................... ...............................6

VII. STATUTORY AUTHORITY TO GRANT THIS PETITION........................ ...............................6

VIII. EQUIVALENT LEVEL OF SAFETY

........................................................... ...............................7

IX. REGULATIONS FROM WHICH EXEMPTION IS NEEDED...................... ..............................12

A.14 C.F.R. § 61.23(a) & (c): Medical Certificates.............

.................................. ..............................12

B.14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations & 14 C.F.R. § 61.315(a): Sport Pilot Limitations.......................................................................... ..............................12

C.14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot In Command......................13

D.14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.............................................. ..............................132

E.14 C.F.R. § 91.119: Minimum Safe Altitudes.................................................... ..............................13

F.14 C.F.R. § 91.121: Alti meter Settings............................................................... ..............................13

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

H.14 C.F.R. § 91.405 (a); § 91.40 7 (a) (1); § 91.409 (a) (2); § 91.417(a) & (b): Maintenance Inspections..................................................................................................................

...... ....................14

X.CONCLUSION..............................

..................................................................... ..............................14

QUICK REFERENCE SUMMARY:

 Types of aircraft to be flown:

o DJI Phantom 2 (Previously granted in Exemption 11699)

o DJI Phantom 3

Professional Advanced

o DJI S900 (Previously granted in Exemption 11697)

o DJI S1000 (Previously granted in Exemption 11554)

o DJI Inspire (Previously granted in Exemption 11607)

 The operations will be for:

o Aerial data collection ( note 1 )

o Closed

- set film/television production, (MPTOM will be submitted confidentially)

o Flight Instruction,

o Search and Rescue,

o Education, and

o Research and development

 The petitioner will operate under the restrictions listed below and those in the manufacturer’s manual.

o Phantom 2

 Phantom 2 User Manual (EN) v1.4 http://download.dji

innovations.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en.zip

Note 1: “Aerial d ata collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (particulate me asurement, etc.), or any other gathering of data by instruments aboard the UA.” Exemption No. 114823 o Phantom 3

 Phantom 3 Intelligent Flight Battery Safety Guidelines v1.0 http://download.dji

innovations.com/downloads/phantom_3/en/Intelligent_Flight_Battery_Safety_Guidel ines_en.zip

 Phantom 3 Safety Guidelines and Disclaimer http://download.dji

innovations.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en.zip

 Professional

o Phantom 3 Professional Quick Start Guide (EN) v1.0 http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_G uide_en.zip

o Phantom 3 Professional User Manual (EN) v1.2 http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_ v1.2_en.zip

o Phantom 3 Professional In the Box http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_In_the_Box_en .zip

 Advanced

o Phantom 3 Advanced Quick Start Gu ide (EN) v1.0 http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_Quick_Start_Gui de_en.zip

o Phantom 3 Advanced User Manual (EN) v1.2 http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_User_Manual_v1. 2_en .zip

o Phantom 3 Advanced In the Box http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_In_the_Box_en.zi
p

 DJI S900

o S90 0 User Manual v1.2 http://download.dji

innovations.com/downloads/s900/en/S900_User_Manual_v1.2_en.zip

 DJI S1000

o S1000 Manual http://www.dji.com/product/spreading

- wings

- s1000/download

o A2 Flight Controller Manual http://download.dji

innova tions.com/downloads/a2/en/A2_Quick_Start_Guide_v1.04_en.pdf

 DJI Inspire

o Inspire Manual http://download.dji

innovations.com/downloads/inspire_1/en/ Inspire_1_User_Manual_v1.0_en.pdf

 We already agree to all the restrictions listed in Exemption # 112 84 which are listed below

.4

American UAV
, llc, request 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 de laying action on your petition would affect you adversely. d) Whether you filed your petition in a timely manner.

Corresponding to the above sub

- sections, American UAV llc has good cause to request the FAA to waive the comment period and not delay action on the petition because:

a) American UAV, llc, would not set any precedent. American UAV, llc, agrees to the almost
SAME exact limitations as Exemption # 112 84

. Furthermore, all of the aircraft have already been evaluated under previous petitions and are deemed to have the equivalent level of safety if operated under the restrictions hereto already agreed upon.

b) American UAV, llc, agrees to the almost SAME exac t limitations as Exemption # 11284

, except we would like to add the Phantom 2 base model which has been granted in other exemptions and the Phantom 3 base model.

c) Delaying the granting of this petition would adversely affect the public, the FAA, and American UAV, llc, t he 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. Mor eover, American UAV, llc, is eagerly seeking to start commercial operations and is adversely affected by the above listed regulations. d) The petition has been filed in a timely manner.5

III. FEDERALREGISTERSUMMARY

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.

Applicant seeks an exemption from the following rules:

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)to operate commercially a small unmanned vehicle (55 lbs. or less) for aerial data collection and film/television production, flight instruction, search and rescue, education, and research and development.

This exemption will allow commercial operations of UA’s which will enhance safety by reducing risk. The alternative to using a UA is to use a jet or piston power aircraft carrying large amounts of jet A or other fuel. Not only is the operation dangerous at the location, the aircraft must fly to the location and back to the home airport. Our UA will weigh less than 55 lbs. and powered by batteries which eliminates most of the risk because no highly flammable fuel will be involved. The UA will carry no passengers or crew; thus, eliminating most of the risk to the pilot and personnel. The operations of the UA listed under the restrictions proposed herein will provide an equivalent level of safety as the Federal Aviation Regulations.

IV. Petitioner’s contact info:

American UAV, LLC Attn: Roscoe A Sharp Phone: 509

- 991

- 9217 Email: rsharp@americanuav.org Physical Address: 42626 North Sherman Road, Deer Park, WA 99006 Mailing Address: P.O. Box 656, Deer Park, WA 99006

V. Regulations from which the exemption is requested:

 14 C.F.R. § 61.23(a)and (c)

 14C.F.R. § 61.101(e)(4) and (5)

 14 C.F.R. § 61.113(a)

 14C.F.R. § 61.315(a)

 14C.F.R. § 91.7(a)

 14C.F.R. § 91.119(c)

 14C.F.R. § 91.121

 14C.F.R. § 91.151(a)(1)

 14C.F.R. § 91.405(a)

 14C.F.R. § 91.407(a)(1)

 14C.F.R. § 91.409(a)(1) & (2)

 14C.F.R. § 91.417(a) & (b)6

VI. OPERATING DOCUMENTS

American UAV llc will operate only within the limitations below and the limitations listed in the
user manuals listed in the quick reference summary above and the confidentially submitted MPTOM. The limitations below, from the previously granted exemption, will be followed if there is
a conflict with the manufacturer’s user manual or MPTOM.

VII. STATUTORYAUTHORITY TO GRANT THIS PETITION

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under § 40101 of the Act 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 Administrato r finds the exemption in the public interest.” 49 U.S.C. §44701(f). See also 49 U.S.C.§44711(b).

This exemption petition 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 aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the FAA Modernization and Refo rm Act. In making this determination, the Secretary is required to determine which types of UA 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 oper ational capability;

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

 Operation of the UA within visual line of sight of the operator (VLOS). Note 2

If the Secretary determines that such vehicles "may operate safely in the natio nal airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system." Id. §333(c) (emphasis added). Note 3 The FAA has already established requirements for summary grants which will be further discussed below.

Note 2 FAA Modernization and Reform Act of 2012at § 333(a).

Note 3 Applicant interprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Admi nistrator to craft conditions for the safe operation of the UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.7

VIII. EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exem ption requested herein applies to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulato ry structure.

These limitations and conditions are identical to Exemption # 11284 except for the
difference in aircraft. American UAV llc agrees to be bound when conducting commercial UA operations. The list of limitations and conditions include the follo wing:

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2, DJI
Phantom 3 Advanced and Professional ; DJI Inspire; DJI S900 and DJI S1000, when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed

- set motion picture and television filming are 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 determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeed s greater than the maximum UA operating 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.

5. The UA must be operated within vis ual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s
license.

6. All operat ions 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 used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC mu st ensure that the VO can perform the duties required of the VO.8

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are herein
after referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedur es outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating
d ocuments. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replac ement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. T he functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

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

10. Prior to ea ch flight, the PIC must conduct a pre

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

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection reve als 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.

11. The operator must follow the UAS manufactur er’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety
bulletins.9

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, 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 certificate.

14. The operator may not permit any PIC to opera te unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehic les and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions . During training, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.1 19.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate w ithin 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law
enforcement o fficial upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to 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. The PIC is prohibited from beginning a flight unless (considering wind and forecast we ather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.10

21. Air Traffic Organization (ATO) Certifi cate 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 attac hed COA.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR par t 47, and have identification ( 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 operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities 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 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
U A, 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 s afety 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 operation s shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be c onducted.11

28. 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

.

For t he purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

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

- d ay notification may be waived 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 exe mption;

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;11

f. A statement that the operat or has obtained permission 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; an d

h. A description of the 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 participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

American UAV llc ’s UA are rotorcraft, weighing 55 lbs. or less including payload. They operate, under nor mal conditi ons at a speed of no more than 7 0 knots and they have the capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate only within VLOS and only within the restrictions above and inside the12

manufacturer’s manuals and the MPTOM. Such operations will insure that the UA will "not create a hazard to users of the national airspace system or the public." Note 4

Given the small size of the UA involved and the restricted sterile environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UA to commence immediately. Also, due to the size of the UA and

t he restricted areas in which the relevant UA will operate, approval of the application presents no national security issue.

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 car ry certification and registration 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. Also, given the size of the unmanned aircraft, the FAA registration number will be displayed on the airframe in as large a font as possible.

IX. REGULATIONS FROM WHICH EXEMPTION IS NEEDED

A. 14 C.F.R. § 61.23(a) & (c):M EDICAL C ERTIFICATES

Exemption# 1122 1,#11284, and many others have provided that a U.S. driver’s license could
be used in lieu of the medical certificate provides an equivalent level of safety.

B. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations & 14 C.F.R. § 61.315(a): Sport Pilot Limitations.

Exemption # 11221,#11284, and many others have declared that there is an equivalent level of safety as the FAR’s by requiring the PIC to “hold either an airline transport, commercial, private, recreational, or sport pilo t certificate.” Likewise, Intelligent Imagery, LLC 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.

Note 4 Reform Act Section 333(b).13

C. 14 C.F.R. § 61.113 (a): Private Pilot Privileges and Limitations: Pilot In Command.

Sub

- sections 61.113(a) limit private pilots to non

- commercial operations. Because the UAS will not carry a pilot or passengers, the proposed operation s can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a sport pilot license rather than a commercial 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.

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

As there will be no airworthiness certificate issued for the unmanned aircraft, and no FAA regulatory standard will exist for determining airworthiness of the UA, the requirements contained in the manufacturer’s manuals, the MPTOM, and the restrictions already agreed to will provide an equivalent level of safety.

Furthermore, all of the aircraft above except for the Ph antom 3 has been previously evaluated and deemed to have the equivalent level of safety of the regulations if operated under the restrictions above. Therefore, this aircraft should not be required to have an airworthiness certificate based upon the FAA’s p revious determinations.

E. 14C.F.R. § 91.119: Minimum Safe Altitudes

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 with 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.

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

This regulation requires each person operating an aircraft to mai ntain cruising altitude by reference to an altimeter that is set "... to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the 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 following the manufacturer’s manuals. Furthermore, many other petitions have been granted allowing GPS to be used in lieu of an altimeter setting.14

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

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 45minutes." Applicant believes that an equivalent level of safety can be achieved by restricting operations to “the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.” Exemption # 11284, at page 5.

H. 14 C.F.R. § 91.405 (a); § 91.407 (a) (1); § 91.409 (a) (2); §91.417(a) & (b): Maintenance Inspections

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 inspec tions, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter" 5 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. Lastly, the petitioner will operate in acc ordance with the manufacturer’s manuals referenced and MPTOM which will provide an equivalent level of safety as the burdensome regulations.

X. CONCLUSION:

The operation of American UAV llc, 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, please do not hesitate to contact me at (509)99 1

- 9217 or at my email rsharp@americanuav.org

.

Sincerely yours

,

_____________________ Roscoe A Sharp