DrewMateya Steel CityNDT LLC BlackHawkAerial Systems 322 Mall Blvd. Suite 270 Monroeville, PA 15146 Cell: 412-765-9585 Office: 724-212-7322 Fax: 878-302-3164 Email: dmateya@steelcityndt.com

U.S. Department ofTransportation DocketManagement System 1200 NewJersey Ave., SE Washington, DC 2059

RE: Exemption Request Section 333 ofthe FAA Reform Act of2012

Attachments: 1) Phantom 2 Vision+ Technical Data 2) Phantom 3 Technical Data 3) Phantom Inspire 1Technical Data 4) AvyonMD4-200 Technical Data 5) Avyon MD4-1000 Technical Data 05/28/15

References: 1) ExemptionNo. 11409 Regulatory DocketNo. FAA-2015-0187 inthe matter ofthepetition ofWADE BELL. 2) SkyLynx, LLC petition for exemption letter.

Dear Sir orMadam,

In accordance withthe FAA's Guidelines for Submitting a Petition for Exemptionunder section 333 ofthe FAA Modernization and Reform Act of2012, I DrewMateya, referred to hereafter as the petitioner, request exemptionfrom the following sections ofTitle 14, Code of Federal Regulations §§

14 CFR21 subpart H; 14 CFR45.23(b); 14 CFR 61.113(a); 14 CFR 61.113(b); 14 CFR 91.7(a); 14 CFR 91.9(b) (2); 14 CFR91.103; 14 CFR 91.109; 14 CFR91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203(a); 14 CFR91.203(b); 14 CFR 91.405(a); 14 CFR91.407(a) (1); 14 CFR 91.409(a) (2); 14 CFR91.409(a)(2); 14 CFR 91.417(a); 14 CFR91.417(b);

In order to operate small Unmanned Aircraft Systems (UAS) commercially in airspace regulated bythe Federal Aviation Administration (FAA) for the purposes ofaerial photography, cinematography, videography, mapping, crop surveying, inspection and other flight operations that couldbe performed safely and more cost effectively with the use ofsmall

Page 1 of9UAS at low altitude within the United States national airspace system as compared to a manned aircraft. Operations will be performed only at the request ofand with the commerce and raise awareness ofthe beneficial uses ofsmall unmanned air systems. So long as such operations are conducted within and under the conditions outlined herein or as maybe established by the FAA as required by Section 3 33. The conditions identified and proposedby the petitioner are drawn fromAttachments 1-5.



### The FederalAviation Regulations (FARs)

14 CFRPart 21 subpart H 14 CFR45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b)

The petitioner seeks exemption from the above mentioned FARs for the following reasons;



### 14 CFRPart21, SubpartH: Airworthiness Certificates 14 CFR §91.203(a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required byFAR 

### §91.203 (a) (1). Given the size and limited operating area associated withthe aircraft to be utilized bythe Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act 

### (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAAto exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports andpopulated areas ofthe particular UAS. In all cases, an analysis ofthese criteria demonstrates that the UAS operated without an airworthiness certificate, inthe restricted environment and underthe conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing
orrotorcraft) operating with an airworthiness certificate withoutthe restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot

norpassenger, carries no explosive materials or flammable liquid fuels, and operates Page 2 of9

### exclusively within a secured and designated area. Unlike other civil aircraft, operations underthis exemption will be tightly controlled and monitored by boththe operator and under the requirements and in compliance with local public safety requirements. The FAA will have advance notice ofall operations. These safety enhancements provide a greater degree ofsafety to the public and property owners than conventional operations conducted with airworthiness certificates issuedunder 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials or flammable liquid fuels, and inabilityto carry a substantial external load.

14 CFR §45.23(b): Marking ofthe Aircraft 

### When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft orexperimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, orpilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport, "experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be needed
as the UAS will have no entrance to the cabin, cockpit orpilot station on whichthe word "Experimental" can be placed. Giventhe size ofthe UAS, two-inchlettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f).



### The equivalent level ofsafety will be provided by having the UAS marked on its fuselage
as required by §45.29 (f) 

### where the pilot, observer and others working withthe UAS will
see the identification ofthe UAS as "Experimental."

14 CFR §61.113(a) and (b): Private Pilot Privileges and Limitations- Pilot in Command 

### The petitionerrequests reliefin orderto facilitate the utilization ofpilots, who hold a Private Pilot (or greater) certificate. Any pilots operating under this exemption would be required to comply with any conditions as set forth and in a similar fashion to the previously granted exemptions.

14 CFR §91.7(a): Civil AircraftAirworthiness 

### No person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, shouldthis exemptionbe granted, no FAA regulatory standard will exist for determining airworthiness. Giventhe size ofthe aircraft for maintenance and use ofsafety check lists prior to each flight an equivalent level of safety will be provided.

14 CFR §91.9(b) (2): Civil Aircraft Flight Manual in the Aircraft 

### Section §91.9 (b) (2) 

### provides: No person may operate a U.S.-registered civil aircraft (2) Forwhich an Airplane orRotorcraft Flight Manual is not required by §21.5 

### ofthis chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight

Page 3 of9Manual, approved manual material, markings, and placards, or any combinationthereof. The UAS, given its size and configuration has no ability orplace to carry such a flight manual on the aircraft, not only because there is no pilot onboard, but because there is no
room or capacityto carry such an item onthe aircraft. The equivalent level ofsafety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it.

14 CFR §91.103: Preflight Action This regulation requires eachpilot in command to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limitedto reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance databefore initiation offlight.

14 CFR §91.109: Flight Instruction Section §91.103 provides that no personmay operate a civil aircraft (except a manned free balloon) that is being used for flight instructionunless that aircrafthas fully functioning dual controls. UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates withthe aircraft viaradio communications. The FAAhas approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. The equivalent level ofsafetyprovided by the fact that neither a pilot nor passengers will be carried inthe aircraft and by the size and speed ofthe aircraft.

14 CFR §91.119(c): Minimum Safe Altitudes As discussed inExemption 11138 (DOUGLAS TRUDEAU), operations conducted closer than 500 feet to the ground may require that the UAS be operated closer than 500 feet to essential persons, or objects that would not be possible without additional relief. The petitionerrequests modification, waiver or exemption and clarification concerning the terms "congested areas" and "densely populated". The petitionerrequests waiver for this conditionto allowreasonable and responsible operations in areas ofsubdivisions and neighborhoods ifrequired.

14 CFR §91.121: Altimeter Settings As discussed inExemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the UAS does not have an altimeter and instead utilizes electronic GPS with a barometric sensor for altitude information.

14 CFR §91.151(a): Fuel Requirements for Flight in VFR Conditions As discussed inExemption 11136 (ADVANCEDAVIATIONSOLUTIONSLLC) priorrelief has been granted for manned aircraftto operate at less than the prescribed minimums, including ExemptionNos. 2689, 5745, and 10650. In addition, similar UAS-specific reliefhas been granted within Exemption Nos. 8811, 10808, and 10673 for daytime, VFRconditions. The UAS provides battery powerremaining in percent to the PIC. The UAS batteries provide

Page 

### 4 of9approximately an average of25 minutes ofpowered flight. Informationprovided inthe operating documents discusses procedures regarding remaining battery powermanagement. Those documents contain a condition in which the PIC will initiate a landing procedure when batteryremaining reaches a specified level. Given the limitations onproposed operations and the location ofthose proposed operations, The FAA found that a reduced minimum power reserve for flight in daytime VFR conditions was reasonable.

14 CFR §9l.203(a) and (b): Carrying Civil Aircraft Certification and Registration The regulationprovides inpertinentpart: (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate (b) No person may operate a civil aircraft unless the airworthiness certificaterequired by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability orplace to carry certification and registration documents

or to display them onthe UAS.

An equivalent level ofsafety will be achieved by keeping these documents atthe ground control pointwhere the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS.
91.405(a); 91.407(a) (1); 91.409 (a)(1) & (2); 91.417(a) & (b): Maintenance Inspections As discussed inExemption 11138 (DOUGLAS TRUDEAU), The petitionerproposes to inspect and ensure that the UAS is in a condition for safe flight in accordance with the operating documents. The FAA found that adherence to the petitioner's operating documents and the conditions and limitations specified, describing the requirements for maintenance, inspection, and recordkeeping, were sufficientto ensure that safety would not be adversely affected.

THE UAS(s)

DJI Phantom 2 Vision+ The DJI Phantom 2 Vision+ is a highly successful consumer grade small rotorcraft inthe quadcopter configuration with an advertised weight ofless than 44 Ounces (1242g) designed primarily to carry aloft a high definition camera. It has an advertised maximum speed ofless than 30 knots (15m/s) and a maximum climb rate oflessthan 1200 feet perminute (6 m/s). It is powered by four electric motors with a distance between motors ofless than 14 inches (350mm). Itutilizes an internal inertial measuring unit (IMU) withintegrated barometric

sensor augmented with global positioning system (GPS) to maintain its geospatial orientation and position. Itis controlled primarily through an FCC certifiedradio control (RC) unit. Real time video and telemetry information is transmitted backto a ground control station allowing the operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, cameraimagery, and control camera angle. Ithas failsafe modes ofoperation for
Page5of9either loss ofRC or GPS signal. Altitude can be limited by the onboard flight controller and maximum altitude can be preprogrammed by the PIC. Battery life limits flight times to approximately 25 minutes. The onboard flight controller will warn the pilot via telemetry and external lighting cues before reaching a lowbattery state. An automatic termination offlight and landing will be initiated whenthe battery reaches a predetermined low state. Itis anticipated that flights will usually last less than 10 minutes. More information is available in Attachment I or http://www.dji.com/product/phantom-2-vision-plus/spec

DJI Phantom 3 The DJI Phantom 3 is a newhighly successful consumer grade small rotocraft in the quadcopter configuration with an advertised weight of45 Ounces (1280g) designed primarily to carry aloft a high definition camera. Ithas an advertised maximum speed of31 knots (16 rn/s) and a maximum climb rate of984 feet per minute (5 m/s). The DJI Phantom 3 is powered by four electric motors with a distance between motors of23.22 inches (590 mm). The DJI Phantom 3 utilizes and internal inertial measuring unit (IMU) with integrated barometric

sensor augmented with global positioning system (GPS) to maintain its geospatial orientation and position. It is controlled primarily through an FCC certified radio control (RC) unit. Real time video and telemetry information is transmitted back to a ground control station allowing the operator and/or PIC to monitorbattery level, GPS signal strength, altitude (AGL), distance from PIC, cameraimagery, and control camera angle. Ithas failsafe modes ofoperation for either loss ofRC or GPS signal. Altitude canbe limited by the onboard flight controller and maximum altitude canbe preprogrammed by the PIC. Battery life limits flight times to approximately 23 minutes. The onboard flight controller will warn the pilot via telemetry and external lighting cues before reaching a low battery state. An automatic termination offlight and landing will be initiated whenthe battery reaches a predetermined low state. Itis anticipated that flights will usually last less than I0 minutes. More information is available in Attachment2 or http:/ /www

.dji

.com/product/phantom-3/spec

.
DJI Inspire 1 The DJI Inspire 1 is DJis newest and most advanced consumer grade small rotocraft in the quadcopter configuration with an advertised weight ofless than 103.5 Ounces (2935g) designed primarily to carry aloft a high definition camera. Ithas an advertised maximum speed oflessthan 42.8 knots (22 rn/s) and a maximum climb rate oflessthan 990 feet per minute (5 rn/s). The DJI Inspire I is powered by four electric motors with a distance between motors of22 to 22

.87 inches (559 to 58Imm)

. The DJI Inspire I utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global positioning system (GPS) to maintain its geospatial orientation and position. It is controlled primarily through an FCC certified radio control (RC) unit. Real time video and telemetry information is transmitted back to a ground control station allowing the operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, cameraimagery, and control camera angle. Ithas failsafe modes ofoperation for either loss ofRC or GPS signal. Altitude can be limited by the onboard flight controller and maximum altitude can be preprogrammed by the PIC. Battery life limits flight times to approximately I8 minutes. The onboard flight controller will warn the pilot via telemetry and external lighting cues before reaching a low battery state. An automatic termination offlight and landing will be initiated when the battery reaches a predetermined low state. It is anticipated that flights will usually

Page 6 of9last less than 1 0 minutes. More information is available inAttachment3 or http:/ /www

.dj i.com/product/inspire-1/spec Avyon MD4-200 The MD4-200 is Avyon's (Microdrones) smallest consumer grade small rotocraft in the quadcopter configuration with an advertised weight of28.2 ounces (800g) designed primarily to carry aloft a high definition camera. The MD4-200 has an advertised maximum speed of9.7 knots (5m/s) and a maximum climb rate of984.25 feet perminute (5m/s). The MD4-200 is powered by four electric motors with a distance between motors of21.26 inches (540mm). The MD4-200 utilizes an internal inertial measuring unit (IMU), magnetometer (Mag), barometric sensor augmented with global positioning system (GPS) to maintain its geospatial orientation and position. Control and telemetry is providedthrough an FCC certifiedradio control (RC) unit. Real time video and telemetry information is also transmitted backto a ground control station allowing the operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle. Ithas failsafe modes ofoperation for either loss ofRC, GPS signal or lowbattery level. Altitude can be limited bythe onboard flight controller and maximum altitude can be preprogrammed by the PIC. Battery life limits flight times to approximately 30 minutes. The onboard flight controller will warnthe pilot viatelemetry and external lighting cues before reaching a low battery state. An automatic termination offlight and landing will be initiated when the battery reaches a predetermined low state. Itis anticipated that flights will typically last less than 15 minutes. More information is available inAttachment4 or http://www.microdrones.com/en/products/md4

-200/technical-data/
Avyon MD4-1000 The MD4-1000 is Avyon's (Microdrones) consumer grade small rotocraft inthe quadcopter configuration with an advertised weight of93.47 ounces (2,650g) designed primarilyto carry aloft a high definition camera. The MD4-1000 has an advertised maximum speed of23.33 knots (12.0m/s) and a maximum climb rate of22.97 feet perminute (7m/s). The MD4-1000 is powered by four electric motors with a distance betweenmotors of40.55 inches (1,030mm). The MD4-1000 utilizes an internal inertial measuring unit (IMU), magnetometer (Mag), barometric sensor augmented with global positioning system (GPS) to maintain its geospatial orientation and position. Control and telemetry is providedthrough an FCC certified radio control (RC) unit. Real time video and telemetry information is also transmitted backto a ground control station allowing the operator and/or PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera imagery, and control camera angle. Ithas failsafe modes ofoperation for either loss ofRC, GPS signal or lowbattery level. Altitude can be limitedby the onboard flight controller and maximum altitude can be preprogrammedby the PIC. Battery life limits flight times to approximately 88 minutes. The onboard flight controller will warnthe pilot viatelemetry and external lighting cues before reaching a low battery state. An automatic termination offlight and landing will be initiated whenthe battery reaches a predetermined low state. Itis anticipated that flights will typically last less than 30 minutes. More information is available inAttachment5 or http://www

.microdrones.com/en/products/md4- 1 000/technical-data/

.

Page 7 of9RISK MITIGATION & SAFETY

The petitionerhas reviewed FAA exemptionreference's 1-3 Conditions andLimitations section and the procedures set forth will be utilized in orderto manage and mitigate risk and

ensure public safety. A preflight checklist will be developed and implementedto ensure that the UA airworthiness will be verified and documented before flight. Airworthiness will be maintained by performance ofroutine inspections before each flight, maintaining flight and maintenance logs to record time on failure-prone components. In addition a full safety program will be implemented and followed to ensure that further safety precautions are followed during operational flights. Full maintenance procedures (SOPs) as well as maintenance frequencies shall be developed and documented to reduce and/or eliminate failures.

The petitionerrequests that in a manner similar to reference 3, that the petitioner be allowed to operate within 5miles ofan airportprovided that;

"The UA maynotoperate in Class B, C, orD airspace without written approval from the FAA

. The UA maynotoperate within 5 nauticalmiles of the geographic center of a nontoweredairport as denotedon a currentFAA-publishedaeronautical chart unless

a letter of agreement with thatairport's management is obtained, andthe operation is conductedin accordance with a NOT AMas requiredby the operator's COA. The letter of agreementwith the airportmanagementmustbe made available to the Administrator upon request."
Operations within 5 miles ofan airport are not anticipated to be routine but the petitioner is requesting a mechanism to facilitate such activities without requesting a new and separate exemption(s) should the need arise. Operations within class B airspace are not requested due to the lack ofmode C transponder.

PUBLIC INTEREST

Use ofspecified UAS(s) in lieu ofa manned aircraft would enhance safety and reduce the environmental impact as comparedto similar operations conducted with manned aircraft of greater proportions, carrying a crew and flammable fuel. Additionally, use ofspecified UAS(s) in order to facilitate commerce could lead to economic growth. Operations for this petition will enable service for property owners or their designees seeking an enhanced perspective for characteristics, amenities, and benefits oftheir desired photographic subjects that cannotbe displayed through ground level videography/photography. Aerial photography is a valuable marketing tool that can lead to increased commerce and enhance personal photography. Crop surveying applications could leadto decreased use ofpesticides and fertilizer and conservation ofwater as well as increased crop yields and decreased costs. Aerial surveying and inspections can increase work site efficiency, improve volumetric estimations and reduce risks. The petitioner will provide clients with photographic data for these purposes on a 'forhire' basis acting as an independent contractor. A visual observer will be utilized. Liability insurance will be obtained commensurate with the granting ofthis request for exemption. Flight data including UA flight time, control unit operation time, incident, accident, and details concerning any deviations from normal operations will be available to
Page 

### 8 of9FAA for use in collecting dataregarding the use ofUAS as part ofthis application. This data may be submitted to FAA via traditional means, e.g. COA Monthly Reports, or other means as required.



### CONCLUSION

The petitioneris requesting this exemption for the purposes of"aerialphotography, cinematography, videography, mapping, crop surveying, inspections and other flight operations". The reason for such a general and broad based request is that the petitioner wishes to utilize a business strategy ofhorizontal integration and maximize economies of scope in order to capitalize onopportunities as they may arise in the future withoutthe long turnaroundtime associated with additional exemptions. The petitioner's business model is based onthe idea ofoffering ad hoc small UAS services to individuals or companies who wish to employthese services as a safe, effective, and legal option to enhance their business
or hobby. The petitioner's ownmarketresearch shows pentup demand for these services currently exists inthe real estate market and other markets arejustbeginning to emerge. Although videography and photography are included in the request, the primary objective will be aerial survey offarm crops for precision agriculture. The petitionerhas identified universities and other agencies that couldbenefitfrom the operationrequested inthis application.

Internetresearch shows that many are currently operating similar UAS in exactlythis fashion without, it is assumed, FAA authorization. The petitionerhas refrained from engaging in commercial use oftheUAS. The primarypurpose ofseeking this exemption is to obtain the capabilityto offer those services while remaining in compliance.

Respectfully Submitted

DrewMateya

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