July 10, 2015

Exemption No. 12012 Regulatory Docket No. FAA

– 2015

- 1474

Mr. Marcel Piet President

- UAS Services ArgenTech Solutions , Inc. 16701 SE McGillivray Suite 210 Vancouver, WA 98683

Dear Mr. Piet :
This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated April 27, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of ArgenTech Solutions, Inc. ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct evaluations and inspections

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a 3D Robotics Aero

− M

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and it s operation, the Secretary of Transportation2

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that relief from 14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection

. The FAA has issued grants of exemption in circumstances si milar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather t han a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesti ng an exemption, I find that

—

• They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, ArgenTech Solutions, Inc. is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

Conditions and Limit ations

In this grant of exemption, ArgenTech Solutions, Inc. is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.3

1. Operations authorized by this grant of exemption are limited to the 3D Robotics Aero

− M 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
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 determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds 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 visual 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 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 time s. 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 ;

e lectronic 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 must ensure that the VO can perform the duties required of the VO.

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 hereinafter 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 procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, th e operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administ rator 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 th e basis upon which the FAA granted this exemption, then4
the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating do cuments.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under th is exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The 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 each 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 reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necess ary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft compone nts.

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

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 Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew 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 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, vehicles 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 (traini ng, 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 exe mption are permitted under the terms of this exemption. However,5
training operations may only be conducted during dedicated training sessions. During traini ng, 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 § 91.119.

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

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Direc tory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l 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 official 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 sign al, the UA must return to a
pre

- determined location within the pr ivate 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 weather conditions) there is enough available power for the UA to conduct the intended operation and to operat e after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued C OA. 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 attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, reg istered in accordance with 14 CFR part 47, and 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 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.6
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 no nparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately 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 safety 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 control led

- 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 conducted.

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 FA A'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

. If this exemption permits operations for the 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 th e local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day7
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 al l flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be use d;

e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator 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; and 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 t he 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.

Unles s otherwise specified in this grant of exemption, the 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 91.8
This exemption terminates on July 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/ John S. Duncan Director, Flight Standards Service

EnclosuresArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210 Vancouver, WA 98683 April 27, 2015

**Manager, Flight Standards Service Unmanned**  **Aircraft Systems Integration Office** Federal Aviation Administration 800 I ndependence A venue, SW Washington, DC 20591

**U.S. Department**  **of Transportation Docket**  **Management System** 1200 New Jersey

Avenue, SE Washington, DC 20590

ArgenTech Solutions respectfully r equests an exemption from several provisions of Title 14 of the Code of Federal Regulations (C.F.R.) to permit the use of small unmanned aerial
sy stems (sUAS) to assist in the evaluation and inspec tion of Public Utilities
, I nfrastructure
, Forest F ire monitoring
, and Emergency P ublic Response

. This request is motivated primarily b y the desire to maxim ize safety during high

- risk and hazardous operations , as well as assisting with public emergencies
, and to mitigate any s afety c oncerns associated with such operations

. While

an exemption would not eliminate the current need for in

- person visual inspection and monitoring
, it would allow ArgenTech Solutions to e valuate assets and infrastructure with sUAS, resulting in a safer and more efficient valuation of public utilities
, infrastructure, wild fire monitoring and emergency public response.

**Company Profile**
ArgenTech Solutions (AgTS) is a Veteran

- Owned Small Bu siness formed in March 2009

as a NH

- based S

- corporation. Our compan y ’s core competencies include providing Unmanned Aerial Sy stem (UAS) Field Service Represen tatives (FSRs) in support of Department of Defense (DoD), foreign governments, and civilian industry. AgTS is a professional aviation organization with significant expe rience in UAS operation s, including: mission coordination/airspace deconfliction, UAS operations & maintenance, sensor applications, data compilation and anal ys is, an d overall program safet y

. AgTS has supported 182 deploy ments for DoD, with a combined total of 20,000 deplo yed operational day s. As an aggregate, AgTS’ 50 highly trained Field Service Representative’s (FSR) have accumulated over 40,0 00 hours of experience as Pilot

- in

- Command (PI C)
, with over 13,000 UAS launches and recoveries for Group II and higher UAS. Our average FSR experience level is >950 hours PI C, >650 launches and recoveries.

NOTE S :

 All information pertaining to the proposed sy stem can be found in Appendix A ( OEM manual )

.ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210 Vancouver, WA 98683  A r genTech Solutions hold s Unmanned Aircraft insurance with United States Aircraft Insurance Group (Policy

Number SIHL1

- 142Y).

 ArgenTech Solutions intends to use the 3D Robotics Aero

- M (The OEM Manual of which is attached as Appendix A ) in its s UAS operations.

 ArgenTech intends to adopt ASTM F2500

- 07 Standard Practice for Unmanned Aircraft Sy stem (UAS) Visual Range Flight Operations (Attached as Appendix B) and ASTM F2909

- 14 Standard Practice for Maintenan ce and Continued Airworthiness of small Unmanned Aircraft Sy stems (Attached as Appendix C)

. **Regulatory Provisions from which ArgenTech Solutions seeks an Exemption**
ArgenTech Solutions believes it will need an exemption from the following provisions to

con duct the contemplated operations. In s ome instances, relief is needed because relief from another provision renders compliance with the regulation at hand n ot feasible.

14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.7(a) 14 C.F.R. §91.9(b)(2) 14 C.F.R. §91 .109(a) 14 C.F.R. §91.119 14 C.F.R. §91.151 14 C.F.R. §91.203(a) and (b) 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a)

ArgenTech Solutions believes an exemption is only n eeded from the above

- listed regulatory

p rovisions. To the extent that the FAA believes that additional relief is required for ArgenTech Solutions to conduct the operations described here, we request an exemption from
any such regulatory

provisions as well.

**The Extent of Requested Relief and the Reasons Rel ief is Needed** 

**14 C.F.R. §61.113(a) and (b) §61.113 Private pilot privil**  **eges and limitations: Pilot in C ommand.**  (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may a ct as pilot in command of an aircraft that is

carr yi ng passengers or propert y for compensation or hire; nor may t hat person, for compensation or hire, act as pilot in command of an aircraft. (b) A private pilot may , for compensation or hire, act as pilot in command of an aircr aft in connection with any business or employment if: (1) The flight is only

incidental to that business or employ ment; and (2) The aircraft does not carry passengers or property

for compensation or hire.ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210 Vancouver, WA 98683 A rgenTech Solutions ’ speciall y trained and certif ied employ ees will conduct the sUAS operations. While these individuals will have US FAA private pilot licenses, they w ill not hold commercial pilot licenses. The sUAS will not carr y “ property f or compensation or hire ” since they will be used solel y to ass ist in evaluation and inspections of public utilities and infrastructure. Without an exemption, the pilot would be required to hold a commercial pilot certificate under §61.133. However, the risk associated with the contemplated operations is less than the risk posed b y a traditional manned aircraft. The sUAS will fly at altitudes well below the permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within a geographical envelope under the sole control of ArgenTech Solution s

. Accordingl y, t he risk would be limited to ArgenTech personnel, who will be appropriatel y outfitted in safet y gear. Requiring a commercial pilot certificate would provide no appreciable safety b enefit and would needlessl y impose additional cost s on ArgenTech and its customers

. Because the contemplated operations would not comply w ith §61.113(b)(1) and none of the other exceptions to paragraph (a) appl y, relief is needed from both paragraphs (a) and (b).

**14 C.F.R. 91.7(a)**

**§91.7 Civil aircraft airworthiness** 

. (a) No person may

operate a civil aircraft unless it is in an airworth y condition.

(b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in comm and shall discontinue the flight when un

- airworthy mechanical, electrical, or structural conditions occur.

There is no c lear definition of “airworth y” as applied to the proposed s UAS
, and the term has been defined in various way s depending on the applied circumstances. In a ll instances, it
appears that the concept includes a requirement that the airplane 1) conforms to the aircraft’s documented ty

pe design or its ty

pe certificate, as modified by s upplemental ty

pe certificates and airworthiness directives, and 2) be in condition for safe operations. The sUAS will not have a ty pe design or ty

pe certificate, as the FAA has not developed standards applicable to sUAS. As discussed later in this document, the ty pes of operations contemplated by A rgenTech will not qualify the sUAS for an experimental airworthiness certificate. Accordingly , relief from §91.7(a) is re quested . Should the FAA include airworthiness requirements as a condition of exercising the exemption, ArgenTech will assure the continued airworthiness of the sUAS. Regardless, ArgenTech believes that it can meet the requirements of §91.7(b)
, and is not requesting an exemption from that provision.

**14 C.F.R. 91.9(b)(2) §91.9 Civil aircraft flight manual, marking, and placard requirements.** 

... (b) No person may

operate a U.S.

- registered civil aircraft

--

...ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210 Vancouver, WA 98683 (2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter unless there is available in the aircraft a current, approved manual material, markings, and placards, or an y combination thereof.

...
The sUAS comes with access to online manuals that provide instructions for the safe operation and maintenance of the aircraft. Compliance with this regulatory p rovision is not possible because this information has not been, and cann ot be, approved by t he FAA since there are no applicable standards established by the FAA against which to evaluate it. Additionally
, the sUAS is too small to carry a printed manual. Since, by d efinition, there will never be a person aboard the sUAS, Argen Tech submits that there is no need to require the manual to be placed on the sUAS and an exemption is appropriate. Safety w ill be m aintained by

k eeping the flight manual at the ground control point where the PIC will have im mediate access to it. Since the sUAS cannot be operated without the Ground Control Station containing the manuals, there is minimal risk that the manuals will become s eparated from the sUAS, and ArgenTech will be able
to im mediately locate the manuals to effectuate any n eeded repairs on the sUAS detailed in the flight manual.

**14 C.F.R. 91.109 §91.109 Flight instruction;**  **simulated instrument flight and certain flight**  **tests.** (a) No person may

o perate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully f unctioning dual controls....

Small UASs, by

t heir design, do not have full y functional dual controls. Flight control is accomplished through the use of a Ground Control Station that communicates with the aircraft via radio co mmunications (C2 Li nk)

. Aircraft being considered for use by A rgenTech allow s the UAS In structor to place the aircraft into ‘loiter’ mode (fixed altitude stationary h old). In the
event of the student losing control, the UAS Instructor can quickly a nd via a lternate equipment (equipment not in the hands of the student) place the aircraft into a mode that then allows the instructor to bring the aircraft back into control and back to the pre

- determined and/or safe landing location.

**14 C.F.R. 91.119 §91.119 Mini**  **mu m safe altitudes: General.**  Except when necessary

f or takeoff or landing, no person may o perate an aircraft below the following altitudes:

... (c) Over other than congested areas. An altitude of 500 feet above the surface, except

over open water or sparsely populated areas. In those cases, the aircraft may n ot be operated closer than 500 feet to an y person, vessel, vehicle, or structure.

...ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210 Vancouver, WA 98683 ArgenTech submits that the only r elief it requires from §91.119 is from the minimum altitudes listed in paragraph (c). Relief is required from paragraph (c) for fixed wing operations because asset evaluation conducted at 500 feet or higher is insufficiently d istinct to be meaningful. Since operations at this altitude also pose a heightened risk of collision with another ai rcraft, safety

c an onl y be assured through the grant of an exemption. The anticipated aircraft operations should be adequately a ddressed by

p aragraph (d) (1). Additionally
, relief should not be needed from paragraph (a) because an emergency l anding of the aircraft due to a power failure will not create an undue hazard to persons or property o n the surface, as noted in the explanation of why

an exemption will not adversely affect safety

. ArgenTech will have exclusive use of the land o ver which the sUAS will be operated, and public access is restricted. Controlled access to public utility land, structures or emergency response areas assure that no individuals unassociated with the planned operations are within the affected area of operations

. ArgenTech personnel are required to wear mandatory s afet y equipment, including hard hats, safet y glasses wh enever dispatched to a work site. As such, the risk of injury

is minimal. ArgenTech does not contemplate conducting operations over co ngested areas, so relief is not requested from paragraph (b).

**14 C.F.R. 91.151 §91.151 Fuel requirements for flight in VFR conditions.**  (a) No person may

b egin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly t o the first point of intended landing and, assuming normal cruising speed

– (1) During the day , to fly after that for at least 30 minutes. (b) No person may

b egin a flight in a rotorcraft under VFR conditions unless (considering wind and fore cast weather conditions) there is enough fuel to fly t o the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. Operating the sUAS in a pre

- defined area with less than 30 minutes of reserve fuel does not raise the ty

pe of risk contemplated by § 91.151, i.e., that an aircraft could run out of fuel in the
event it has to be flown to an alternate airport or circle the planned airport in the event of unanticipated conditions. ArgenTech does not intend to use the sUAS for point

- to

- point flights and will not operate the sUAS bey ond visual line of sight. Nor will the sUAS require an airport in order to land. Rather, ArgenTech will operate the sUAS using pre

- pl anned flight paths (taking into account weather conditions) designed to allow the sUAS to fly t o the point of intended landing. As such, there is no need for a time

- based excess fuel requirement. Rather it should be sufficient to require only

a s much additional excess flight capacit y as nec essary

to sa fely land the sUAS. We believe that a 20% energy reserve is more than sufficient to meet this objective.

**14 C.F.R. 91.203(a) and (b) § 91.203 Civil Aircraft: Certifications required.**  (a) Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the following:ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210 Vancouver, WA 98683 (1) An appropriate and current airworthiness certificate.

... (2) An effective U.S. registration certificate issued to its owner or, for operations within the United States, the second cop y of the Aircraft Registration Application as provided for in §47.31(c), or a registration c ertification issued under the laws of a foreign country

. (b) No person may

o perate a civil aircraft unless the airworthiness certificate required b y paragraph (a) of this section or a special fl ight authorization issued under §91.715 is display ed at the cabin or cockpit entrance so that it is legible to passengers or crew.

...
The sUAS that ArgenTech intends to operate will not qualify f or an airworthiness certificate unless the FAA chooses to issue them a restricted category c ertificate. This is because the sUAS do not meet the current conditions for either a standard airworthiness certificate or an experimental airworthiness certificate. Notabl y, under 14 C.F.R. §21.1 91, 8 experimental airworthiness certificates are only a vailable for research and development, showing compliance with regulations, crew training, exhibitions, air racing, market survey s, operating amateur

- built aircraft, operating primary k it

- built aircraf

t and operating light

- sport aircraft. Until such time as the FAA develops airworthiness standards applicable to sUAS for non

- recreational and nonexperimental use, ArgenTech submits that the FAA should consider exemptions to the requirements of §91.203(a). The absence of such exemptions hinders the development of sUAS and applicable uniform standards since it is only th rough the development of the aircraft that the FAA can reliably

evaluate them and determine appropriate design standards.

Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the requirement for an airworthiness certificate based on a consideration of the size, weight, speed, operational capability

o f the particular UAS, as well as its proximity t o airports and popul ated areas. An anal ys is of these criteria demonstrates that the sUAS operated without an airworthiness certificate in the areas and under the conditions contemplated by A rgenTech will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the conditions proposed in this request. The sUAS is less than 55 lbs. fully

l oaded, carries neither a pilot nor passenger, and operates exclusively w ithin a secured area as set out in the UAS Operating Manual (Appendix B)

. Unlike other civil aircraft, operations under this exemption will be tightly c ontrolled and monitored by t he operator and observer. Operations will be conducted in compliance with the FAA and with local public safety
requ irements to provide securit y for the area of operation. Lastly, application of these same criteria de monstrates that there is no credible threat to national security p osed by t he sUAS, due
to its size, speed of operation, location of operation, lack of explosive materials and inability t o

carr y a substantial external load.

If the FAA waives the requirements of paragraph (a) (1), then it is technically impossible to comply with paragraph (b), so an exemption is merited there as well.

**14 C.F.R. 91.405(a), 91.407(a) (1) and 14 C.F.R. 91.409(a)** ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210 Vancouver, WA 98683 **§91.405 Maintenance required.** Each owner or operator of an aircraft

– (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragr aph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter;

... **§91.407 Operation**  **after maintenance,**  **preventive maintenance,**  **rebuilding, or**  **alteration.** (a) No person may

o perate any

a ircraft that has undergone maintenance, rebuilding, or alteration unless : (1) It has been approved for return to service by a p erson authorized under §43.7 of this chapter;

...

**§91.409 Inspections.** (a) Except as provided in paragraph (c) of this section, no person may o perate an aircraft unless, within the preceding 12 calendar months, it has had (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service b y a person authorized by §43.7 of this chapter; or (2) An inspection for the issuance of a n airworthiness certificate in accordance with part 21 of this chapter.

... ArgenTech believes that an exemption from these three maintenance requirements is appropriate because the FAA has not developed maintenance standards for UAS that would allow an operator to meet the part 91 maintenance requirements. In p articular, there are no individuals authorized by the FAA to approve a sUAS for return to service under §91.407(a) or to conduct the initial airworthiness and annual return to service inspections r equired by §91.409(a). ArgenTech will maintain the aircraft as instructed in the owner’s manual and ASTM F2909 (Attached as Appendix C)
, where applicable, and will not operate the aircraft until it has

reason abl y determined that any n eeded repairs have been made. However, because of the technical impossibility

o f meeting the requirements of §§91.405(a), 407(a) and 409(a), we believe an exemption from these provisions is appropriate.

Please do not hesitate to contact me at the phone number or via the e

- mail address provided above should you have any questions or concerns.

Respectfully,ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210 Vancouver, WA 98683 Marcel Piet President

- UAS Services

603

- 836

- 0588 X122 | Cell: 207

- 651

- 3476 Em ail: mpiet@agts.usArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210 Vancouver, WA 98683 **Summary for Federal Register Publication s** 
Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register should the FAA determine that publicatio n is needed.

Petitioner: ArgenTech Solutions

Sections of 14 C.F.R. Affected: 14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.7(a) 14 C.F.R. §91.9(b) (2) 14 C.F.R. §91.109(a) 14 C.F.R. §91.119 14 C.F.R. §91.151 14 C.F.R. §91.203(a) and (b) 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a)

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. §§45.29, 61.113(a) & (b), 91.7(a), 91.9(b)(2), 91.119, 91.121(a), 91.151, 91.203(a) &(b), 91.405(a), 91.407(a) and 91.409(a) to conduct sUAS operations over privet and publicly owned or controlled land, solely

d uring day light hours, to assist in the safe evaluation and anal ys is of public utility 's and infrastructure and operations. In general, sUAS operat ions are intended to be conducted in areas remote from both congested areas and airports. The nature o f operations anticipated by

ArgenTech requires that the sUAS be flown a t relatively low altitudes. ArgenTech expects that in most instances, the sUAS will be flown less than 75 feet from the highest structure along the path of the sUAS and in no instances will be flown higher than 400 feet above the ground. Accordingly , the risk of interference with other aircraft is minimal.