# TRIBAL EXECUTIVE COMMITTEE P.O. BOX 305 • LAPWAI , IDAHO 83540 • (208) 843-2253

July 28, 2015

Docket Operations, M-30 U.S. Department ofTransportation 1200 NewJersey Ave., SE, Room W12-140 West Building Ground Floor Washington, DC 20590-001 

### Re: NezPerce Tribe's Petitionfor aSummary Grantof an ExpeditedSection 333 Exemption to Operate Small UnmannedAircraftSystems forAerialData Collection Dear Sir or Madam: TheNez Perce Tribe respectfully petitions for a summary grant ofan expedited exemption from Federal Aviation Regulations (PARs), pursuantto Section 333 ofthe FAA Modernization Act of 2012 and 14 CFRPart 11, to operate small Unmanned Aircraft Systems (sUAS) for aerial data collection. The Tribe's use ofsUAS for aerial data collection will assist the Tribe in carrying out functions including biological, fisheries, wildlife, land, forestry, environmental and natural resources research, monitoring, and'management. The FAA has granted numerous summary grants ofexemptions for the sUAS the Tribe intends to use (the SenseFly eBee and the MikroKopter) and the operations the Tribe intends to conduct (aerial data collection for environmental monitoring and wildlife conservation). 1

1senseFiy eBee: Grants ofExemption Nos. 11170 (see DocketNo. FAA-2014-0824); 11193 (FAA-2014-0872); 11194 (FAA-2014-0910); 11227 (FAA-2014-0678); 11263 (FAA-2014-0727); 11266 (FAA-2014-0733); 11273 (FAA-2014-0913); 11285 (FAA-2014-1015); 11329 (FAA-2015-0012); 11331 (FAA-2015-0019); 11340 (FAA2015-0022); 11374 (FAA-2015-0091); 11441 (FAA-2015-0216); 11446 (FAA-2015-0890); 11485 (FAA-2015- 0313); 11486 (FAA-2015-0308); 11518 (FAA-2015-0427); 11523 (FAA-2015-0335); 11537 (FAA-2015-0461); 11544 (FAA-2015-0402); 11628 (FAA-2015-0584); 11632 (FAA-2015-0574); 11646 (FAA-2015-0700); 11673 (FAA-2015-0647); 11685 (FAA-2015-0737); 11745 (FAA-2015-0880); 11754 (FAA-2015-0922); 11764

**(FAA~** 2015-0974); 11797 (FAA-2015-1053). MikroKopter: Grants ofExemption Nos. 11251 (see DocketNo. FAA-20 14-0826); 11488 (FAA-20 14-0990); 11581 (FAA-2014-0874); 11732 (FAA-2015-0007); 11891 (FAA-2015-0778)

.U.S. DepartmentofTransportation July28, 2015 Page2

Additionally, the Tribe'spetition agrees to all the standardrestrictions set forth inthe FAA's summary grants ofsimilarexemptions. The Tribe understands that a "blanket" 200 foot Certificate ofAuthorization (COA) would automatically accompany any Section 333 exemption granted. Based onthe FAA'srecent guidance and the FAA's summary grants ofexemptions, the Tribe's petitionis eligible for a grant ofa summary exemption. The Triberespectfullyrequests the FAA to grant this exemption immediately

. Please contact me ifyouhave any questions. Thank you very much for your expeditious processing ofthe Nez Perce Tribe'spetition. Sincerely,



## /}~~~ AnthorfY D.



### fc; **h~ ~~**  ChairmanUNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC Regulatory DocketNo.

_____ _

NEZ PERCE TRIBE'S PETITION FOR SUMMARY GRANT OF EXPEDITED EXEMPTION PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 FOR

Petitioner AERIAL DATA COLLECTION USING SENSEFLY EBEE AND MIKROKOPTER SMALL UNMANNED AIRCRAFT SYSTEMS

Submitted on July 28, 2015 Counsel for Petitioner Nez Perce Tribal Executive Committee Anthony D. Johnson, Chairman David J. Cummings, Senior StaffAttorney Nez Perce Tribe, Office ofLegal Counsel P.O. Box 305 P.O. Box 365 Lapwai, ID 83540 Lapwai, ID 83540 (208) 843-2253 (208) 843-7355

## TABLE OF CONTENTS

I. SUMMARY AND BACKGROUND

........ ................ .... ........ ..... ............................................ 1 II. RELEVANT AUTHORITY

..................................... .............................................................3 III. NAME AND ADDRESS OFPETITIONER

...................... ................................................. .6 IV. THE SPECIFIC SECTIONS OF 14 C.F.R. FROMWHICHTHE NEZ PERCE TRIBE SEEKS EXEMPTION, THE REASON THE TRIBE SEEKS RELIEF, AND THEEXTENT OFTHE RELIEF THE TRIBE SEEKS

....................... ............................6 V. THE NEZPERCETRIBE'S REQUESTED EXEMPTIONIS IN THE PUBLIC INTEREST

... ...... ............................. .. ............... ..... .... ............. ............................................. 155 VI. A SUMMARYTHAT CAN BEPUBLISHED IN THEFEDERAL REGISTER.

......... 18 APPENDIXA

....... ..... .. ....... .................... ........ ................. ............................ .................................19I. SUMMARY AND BACKGROUND The Nez Perce Tribe respectfully requests an expedited summary grant ofexemption from certain Federal Aviation Regulations (FARs)1

, pursuant to Section 33 3 ofthe FAA Modernization Act of2012, to operate the senseFly eBee and the MikroKopter small Unmanned Aircraft Systems (sUAS) for aerial data collection. The Tribe's use ofsUAS for aerial data collection will assist the Tribe in carrying out functions including biological, fisheries, wildlife, land, forestry, environmental and natural resources research, monitoring, and management. The FAA has granted numerous summary grants ofexemptions for the sUAS the Tribe intends to use (the SenseFly eBee and the MikroKopter) and the operations the Tribe intends to conduct (aerial data collection for environmental monitoring and wildlife conservation).2 Additionally, the Tribe's petition agrees to all the standard conditions and limitations set forth in the FAA's summary grants ofsimilar exemptions. (See Appendix A). The Tribe understands that a "blanket" 200 foot Certificate ofAuthorization (COA) would accompany any Section 333 exemption granted. Based on the FAA's recent guidance and the FAA's summary grants ofexemptions, the Tribe's petition is eligible for a grant ofa summary exemption. The Tribe respectfully requests the FAA to grant this exemption immediately. A. PetitionerNez Perce Tribe. The Nez Perce Tribe is a federally recognized Indian tribe, governed by the Nez Perce Tribal Executive Committee.

1 14 C.F.R. §§ 21.173; 21.175(a) and (b); 45.23 (a) and (b); 45.27(a); 45.29(a), (b)(3), (c)(d), (e) and (f); 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)(l) & (a)(2); and, 91.417(a) & (b).

2 senseF1y eBee: Grants ofExemption Nos. 11170 (see Docket No. FAA-2014-0824); 11193 (FAA-2014- 0872); 11194 (FAA-2014-0910); 11227 (FAA-2014-0678); 11263 (FAA-2014-0727); 11266 (FAA-2014- 0733); 11273 (FAA-2014-0913); 11285 (FAA-2014-1015); 11329 (FAA-2015-0012); 11331 (FAA-2015- 0019); 11340 (FAA-2015-0022); 11374 (FAA-2015-0091); 11441 (FAA-2015-0216); 11446 (FAA-2015- 0890); 11485 (FAA-2015-0313); 11486 (FAA-2015-0308); 11518 (FAA-2015-0427); 11523 (FAA-20 15- 0335); 11537 (FAA-2015-0461); 11544 (FAA-2015-0402); 11628 (FAA-2015-0584); 11632 (FAA-2015- 0574); I 1646 (FAA-20 15-0700); 11673 (FAA-20 15-0647); 11685 (FAA-2015-0737); 11745 (FAA-20 15- 0880); 11754 (FAA-2015-0922); 11764 (FAA-2015-0974); 11797 (FAA-2015-1053). MikroKopter: Grants ofExemption Nos. 11251 (see DocketNo. FAA-2014-0826); 11488 (FAA-2014- 0990); 11581 (FAA-2014-0874); 11732 (FAA-2015-0007); 11891 (FAA-2015-0778).B. PetitionerNez PerceTribe's Proposed sUAS- the senseFly eBee and the MikroKopter. The eBee is a small (37.8 inches wingspan) and ultra-light (maximum take-off weight of 1.7 pounds) platform made offlexible foam that performs pre-programmed precision aerial mapping missions thanks to the on-board GPS and the related flight management software (eMotion) that allows the operator to plan safely and efficiently a mission in 3D, and then monitor it in real-time. Thanks to the embedded camera,protectedby a foam envelope,the eBee takes a collection ofhighdefinition still images that are used later to generate maps and contour lines ofthe surveyed area. The four main characteristics ofthe eBee are:

• Very light weight The eBee is so light that the operator can launch it by hand and let it land on almost any surface without requiring a parachute or landing net (belly land). Its low impact energy (38 Jin case ofa controlled emergency landing) also significantly reduces the risk ofhazardous situations. Finally, the wings ofthe eBee are detachable and made offlexible foam with no sharp or hard edges and almost no internal strengthening structure.

• Electric-powered The eBee is electric powered. A brushless engine technology makes it silent and reliable. The propeller is attached with a rubber band to the body ofthe plane so that it can easily flex away in case ofcontact with any object.

• Semi-automatic flight The artificial intelligence incorporatedwithinthe eBee autopilot system continuously analyzes data from the Inertial Measurement Unit and from the onboard GPS and takes care ofall the aspects of the flight underthe supervision ofthe operator.

• Option for Manual control Additionally, the eBee provides an override capability that allows the operator to take manual actions during the flight (Go to Home, Go Land, Hold and Resume the mission) and also suspend automated operations and take manual control ofthe aircraft shoulditbecomenecessaryto respond to emergent circumstances, thanks to the remote controllerprovided withthe system. The MikroKopterUAS, is built and distributed by Quadcopter, LLC, in Montana. The MikroKopter UAS consists ofa lightweight hexa-rotor craft (Hexacopter), a laptop computerbased ground control system, and a 2.4 GHzradio control transmitter commonly associated with recreational models. The Hexacopterhas a ten inch diameter central hub, protected by aplastic dome, that contains all ofthe major electrical components, including microchips for flight and navigation control, onboard GPS, flight recording, multi-axis accelerometers (for autostabilization), and remote control radio receivers. Six regularly spaced aluminum arms radiate out horizontally from the central hub. A small brushless motor and propeller blade are attached to the distal end ofeach arm. Along the bottom ofthe forward arm are a set ofbright red LED 2lights, and along two ofthe rear facing legs are sets ofbright blue LED lights. These lights are on when the sUAS is underpower, enhancing visibility ofthe sUAS for personnel on the ground. Directly beneath the central hub is a camera mountthat can hold a payload ofapproximately 150 grams. The Hexacopterhas an overall diameter ofapproximately 2.3 feet, stands about one foot high, and weighs slightly less than five pounds (with camerapayload). The Hexacopter is battery operated and can maintain flight for approximately 20 minutes on a full charge. Typical cruising speed over the ground is approximately ten nautical miles perhour, and maximum speed is approximately 35 nautical miles per hour. The Hexacopter carries onboard either a GoPro video or a small Pentax still camera. C. 

### PetitionerNez Perce Tribe's Proposed Use ofthe eBee and MikroKopter sUAS. The Tribe's use ofsUAS for aerial data collection will assist the Tribe in carrying out functions including biological, fisheries, wildlife, land, forestry, environmental and natural resources research, monitoring, and management.



### II. RELEVANTAUTHORITY In addition to the FAA's authority found in 49 U.S.C. 

### § 106(f) and 49 U.S.C. 

### §40013, the following laws, rules, and policies provide the basis for the Nez Perce Tribe'srequested exemption: 

### A. Section 333 ofthe FAAModernization and Reform Act of2012. Section 333 ofthe Reform Act is a pathway for "expedited operational authorization." Section 332(b). Section 333 expressly grants the FAA, through the Secretary ofTransportation, the authority to "determine ifcertain unmanned aircraft systems may operate safely inthe national airspace system before completion ofthe plan and rulemaking required by" other sections ofthe Reform Act. Section 333(b) outlines the factors that the FAA shall use to determine whether UAS may be operated safely in the national airspace system: "size, weight, speed, operationalcapability, proximity to airports and populated areas, and operation within visual line ofsight." In addition, Section 333(b)(2) provides the Administration withthe discretion to determine that a certificate ofwaiver, certificate ofauthorization, or airworthiness certification is not required to operate UAS that are found to be appropriate under Section 333(b)(1). Finally, Section 333(c) allows the FAA to establishrequirements for safe operation oftheUAS determined to be able to be operated safely inthe national airspace system. B. 

### 49 U.S.C. Section 44701(f). In addition to its specific authority related to authorizing UAS operation under Section 333, the FAA has general authority to grant exemptions from its safety requirements and minimum standards ifthe FAA finds that the exemption is in the public interest. 49 U.S.C. §44701(f). FAA regulations set forth the information that must be included in a petition for exemption: (1) the applicant's name and mailing address; (2) the regulations from which the applicant seeks exemption; (3) the extent ofthe reliefsought and why; (4) the reasons why granting the request would be in the public interest and how it would benefit the public as a whole; and (5) the reasons why granting the exemption would not adversely affect safety, or how the exemption 3would provide a level ofsafety at least equal to the rule from which the applicant seeks exemption. 14 C.P.R.§ 11.81. C. 14 C.F.R. § 11.61. This provides the FAA the authority to grant exemptions to any current regulation of 14 C.F.R. D. FAA Utilization ofSummary Grants ofExemption for Aerial Data Collection and Film/Television Production and Interim Policy on Blanket Certificate ofWaiver or Authorization (COA). The FAA has utilized a "summary grant" process for Section 333 exemptionpetitions that fall into two categories: aerial data collection and film/television production. https://www.faa.gov/news/updates/?newsld=82485 ("FAA Summary Grants Speed UAS Exemptions)". The FAA's website states: The "summary grant" process the Federal Aviation Administration used last week to issue 30 Section 333 unmanned aircraft systems (UAS) is another example ofhow the agency is using a flexible regulatory approach to accommodate this rapidly evolving technology. The new approach will speed up Section 333 exemption approvals for many commercial UAS operators. Section 333 is the part ofthe 2012 FAA reauthorization lawthat lets the Secretary ofTransportation determine ifcertain low-riskUAS operations can be authorized prior to finalizing the small UAS proposed rule published this February. Although the FAA still reviews each Section 333 petition individually, the agency can issue a summary grant when it finds it has already granted aprevious exemption similar to the newrequest. Summary grants are far more efficient because they don'tneed to repeat the analysis performed for the original exemption onwhich they are based. Summary grants are a tool the FAA canuse in all exemption areas, notjustUAS. The FAA's experience inreviewing the Section 333 petitions shows they generally fall into two categories: film/television production and aerial data collection. Most exemptions in these categories will likely be handled through the summary grant process. For unique requests, the agency will still publishthe petition in the Federal Register for public comment and will conduct a detailed analysis. The FAA also made two other changes to the Section 333 exemptionprocess:

• The agency now allows operations underthese exemptions by people who hold a recreational or sport pilot certificate. Previously, Section 333 operators were required to have at least a private pilot certificate. The newly added certificates are easierto obtain, and therefore less costly, than a private pilot certificate. • A third class medical certificate is no longer required. Now, a Section 333 operator only needs a valid driver's license to satisfy the medical requirement. This change is consistent with the agency's approach for sport pilot certificate holders, who may fly light sport aircraft with a driver's license and no FAA medical certificate. 4The FAA's interim policy streamlining UAS COA's for Section 333 is found at: https://www.faa.gov/news/updates/?newsld=82245. The FAA's website states: The Federal Aviation Administration has established an interim policy to speed up airspace authorizations for certain commercial unmanned aircraft (UAS) operators who obtain Section 333 exemptions. The newpolicy helps bridge the gap betweenthe past process, which evaluated every UAS operation individually, and future operations after we publish a final version ofthe proposed small UAS rule. Under the new policy, the FAA will grant a Certificate ofWaiver or Authorization (COA) for flights at or below 200 feet to any UAS operator with a Section 333 exemption for aircraft that weigh less than 55 pounds, operate during daytime Visual Flight Rules (VFR) conditions, operate within visual line ofsight (VLOS) ofthe pilots, and stay certain distances away from airports or heliports: o 5 nautical miles (NM) from an airport having an operational control tower; or o 3 NM from an airport with a published instrument flight procedure, but not an operational tower; or o 2 NM from an airport without a published instrument flight procedure or an operational tower; or o 2 NM from a heliport with apublished instrument flight procedure The "blanket" 200-foot COA allows flights anywhere inthe country exceptrestricted airspace and other areas, such as major cities, where the FAAprohibits UAS operations. Previously, an operatorhad to apply for and receive a COA for a particular block of airspace, a process that can take 60 days. The agency expects the new policy will allow companies and individuals who want to use UAS withinthese limitations to start flying much more quickly than before. Section 333 exemption holders will automatically receive a "blanket" 200 foot COA. For new exemption holders, the FAA will issue a COA at the time the exemption is approved. Anyone who wants to fly outside the blanketparameters must obtain a separate COA specific to the airspace required for that operation.

5

### III. NAME AND ADDRESS OFPETITIONER Nez Perce Tribe Anthony D. Johnson, Chairman P.O. Box 365 Lapwai, Idaho 83540 208.843.2253

Counsel for Petitioner: David J. Cummings Senior StaffAttorney Nez Perce Tribe, Office ofLegal Counsel P.O. Box 305 Lapwai, ID 83540 208.843.7355 

### IV. THE SPECIFIC SECTIONS OF 14 

### C.F.R. FROMWHICH THE NEZPERCE TRIBE SEEKS EXEMPTION, THE REASON THE TRIBE SEEKS RELIEF,AND THEEXTENT OFTHE RELIEF THE TRIBE SEEKS A. AIRWORTHINESS CERTIFICATES: 14 

### C.F.R § 21.173, and 14 

### CFR § 21.175(a) & (b). 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates,§ 21.173 and§ 21.175(a) and (b), provide: Section 21.173, entitled Eligibility, states: Any registered owner ofa U.S.-registered aircraft (or the agent ofthe owner) may apply for an airworthiness certificate for that aircraft. An application for an airworthiness certificate must be made in a form and manner acceptable to the FAA, and may be submitted to any FAA office. Section 21.175, entitledAirworthiness certificates: classification, states: (a) Standard airworthiness certificates are airworthiness certificates issued for aircraft type certificated in the normal, utility, acrobatic, commuter, or transport category, and for manned free balloons, and for aircraft designated bythe FAA as special classes ofaircraft. (b) Special airworthiness certificates are primary, restricted, limited, light-sport, and provisional airworthiness certificates, special flight permits, and experimental certificates. Reason Tribe Seeks Relief: Part 21 establishes procedural requirements for certifications under Section 44704, including airworthiness certificates. Both Sections 333 and 44701(b) authorize the FAA to exempt aircraft from airworthiness certification under this Part based upon 6consideration ofits size, weight, speed, operational capability, and proximity to airports and populated areas. An exemption from the airworthiness certification requirement is appropriate here given the small size, light weight, speed, and limited operating area ofthe senseFly eBee and RotoKopter sUASs that the Tribe intends to use. Extent ofReliefTribe Seeks: The FAAhas previously and routinely determined that the senseFly eBee and the MikroKopter meet the conditions ofSection 333, and thus that relieffrom 14 CFRpart 21 concerning Airworthiness Certificates is not necessary: senseFly eBee: Grants ofExemptionNos. 11170 (see DocketNo. FAA-2014-0824); 11193 (FAA-2014-0872); 11194 (FAA-2014-0910); 11227 (FAA-2014-0678); 11263 (FAA-2014-0727); 11266 (FAA-2014-0733); 11273 (FAA-2014-0913); 11285 (FAA2014-1015); 11329 (FAA-2015-0012); 11331 (FAA-2015-0019); 11340 (FAA-2015- 0022); 11374 (FAA-2015-0091); 11441 (FAA-2015-0216); 11446 (FAA-2015-0890); 11485 (FAA-2015-0313); 11486 (FAA-2015-0308); 11518 (FAA-2015-0427); 11523 (FAA-2015-0335); 11537 (FAA-2015-0461); 11544 (FAA-2015-0402); 11628 (FAA2015-0584); 11632 (FAA-2015-0574); 11646 (FAA-2015-0700); 11673 (FAA-2015- 0647); 11685 (FAA-2015-0737); 11745 (FAA-2015-0880); 11754 (FAA-2015-0922); 11764 (FAA-2015-0974); 11797 (FAA-2015-1053). MikroKopter: Grants ofExemptionNos. 11251 (see DocketNo. FAA-2014-0826); 11488 (FAA-2014-0990); 11581 (FAA-2014-0874); 11732 (FAA-2015-0007); 11891 (FAA-2015-0778). The Tribe seeks the same determination that the FAA has made in granting summary exemptions for the senseFly eBee and the MikroKopter: In accordance with the statutory criteriaprovided in Section 333 ofPublic Law 112-95 in reference to 49 U.S.C. 

### § 44704, and in consideration ofthe size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary ofTransportation has determined that this aircraft meets the conditions ofSection 3 33. Therefore, the FAA finds that relieffrom 14 CFRpart 21, Certificationprocedures forproducts and parts, SubpartH

- Airworthiness Certificates, and any associated noise certification and testing requirements ofpart 36, is not necessary. E.g., Grant ofExemptionNo. 11685 (FAA-2015-0737) (senseFly eBee); Grant ofExemption No. 11891 (FAA-2015-0778) (MikroKopter).

7B. DISPLAY OF MARKS, LOCATION OF MARKS, SIZE OF MARKS: 14 C.F.R. 

### § 45.23(a) and (b); 14 C.F.R. § 45.27(a); 14 C.F.R. § 45.29(a), (b)(3), (c), (d), (e), and (f). 14 C.F.R. §45.23, entitledDisplay of marks; general, provides: (a) Each operator ofan aircraft must display onthat aircraft marks consisting ofthe Roman capital letter "N" (denoting United States registration) followed bythe registration number ofthe aircraft. Each suffix letter used in the marks displayed must also be a Roman capital letter. (b) When marks include only the Roman capital letter "N"andthe registrationnumber is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, orpilot station, inletters not less than 2 inches normore than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable. 14 C.F.R. § 45.25, entitledLocation of marks onfixed-wing aircraft, provides: (b) The marks required by paragraph (a) ofthis sectionmustbe displayed as follows: (1) Ifdisplayed on the vertical tail surfaces, horizontally onboth surfaces, horizontally onboth surfaces ofa single vertical tail or on the outer surfaces ofa multivertical tail. However, on aircraft onwhich marks at least 3 inches high may be displayed in accordance with §45.29(b)(1), the marks may be displayed vertically on the vertical tail surfaces. (2) Ifdisplayed on the fuselage surfaces, horizontally onboth sides ofthe fuselage betweenthe trailing edge ofthe wing and the leading edge ofthe horizontal stabilizer. However, ifengine pods or other appurtenances are located in this area and are an integral part ofthe fuselage side surfaces, the operator mayplace the marks on those pods or appurtenances. 14 C.F.R. § 45.27, entitledLocation of marks; nonfixed-wingaircraft, of marks, provides: (a) Rotorcraft. Each operator ofa rotorcraft must display on that rotorcraft horizontally on both surfaces ofthe cabin, fuselage, boom, ortail the marks required by §45.23. 14 C.F.R. § 45.29, entitled Size of marks, (for subsections noted above) provides: (a) Except as provided inparagraph (f) ofthis section, each operator ofan aircraft must display marks on the aircraft meeting the size requirements ofthis section. (b) Height. Except as provided in paragraph (h) ofthis part, the nationality and registration marks must be ofequal height and on: (1) Fixed-wing aircraft, must be at least 12 inches high, except that: 8(i) An aircraft displaying marks at least 2 inches high before November 1, 1981 and an aircraft manufactured after November 2, 1981, but before January 1, 1983, may display those marks until the aircraft is repainted or the marks are repainted, restored, or changed; (ii) Marks at least 3 inches high may be displayed on a glider; (iii) Marks at least 3 inches high may be displayed on an aircraft for which the FAA has issued an experimental certificate under §21.191 (d), § 21.191 (g), or §21.191 (i) ofthis chapter to operate as an exhibition aircraft, an amateur-built aircraft, or a light-sport aircraft when the maximum cruising speed ofthe aircraft does not exceed 180 knots CAS; and (iv) Marks may be displayed on an exhibition, antique, or other aircraft in accordance with§ 45.22. (3) Rotorcraft, must be at least 12 inches high, except that rotorcraft displaying before April18, 1983, marks required by§ 45.29(b)(3) in effect on April17, 1983, and rotorcraft manufactured on or after April18, 1983, but before December 31, 1983, may display those marks until the aircraft is repainted or the marks are repainted, restored, or changed. (c) Width. Characters must be two-thirds as wide as they are high, except the number "1 ", which mustbe one-sixth as wide as it is high, and the letters "M" and "W" which may be as wide as they are high. (d) Thickness. Characters must be formed by solid lines one-sixth as thick as the character is high. (e) Spacing. The space between each character may notbe less than one-fourth ofthe character width. (f) Ifeither one ofthe surfaces authorized for displaying required marks under §45.25 is large enough for display ofmarks meeting the size requirements ofthis section and the other is not, full size marks must be placed on the larger surface. Ifneither surface is large enough for full size marks, marks as large as practicable must be displayed on the larger ofthe two surfaces. Ifno surface authorized to be marked by §45.27 is large enough for full-size marks, marks as large as practicable mustbe placed on the largest of the authorized surfaces. However, powered parachutes and weight-shift-control aircraft must display marks at least 3 inches high. Reason Tribe Seeks Relief: The senseFly eBee and MikroKopter sUASs that the Tribe intends to use are small and do not have the conventional parts and surface area on which the marking could be displayed.

9Extent ofReliefTribe Seeks: The FAA, in issuing summary grants ofexemption for aerial data collection using the senseFly eBee and the MikroKopter sUASs, has imposed standard conditions and limitations that provide: All aircraft operated in accordance with this exemptionmustbe identified by serial number, registered in accordance with 14 CFRpart47, and have identification (NNumber) markings in accordance with 14 CFRpart 45, Subpart C. Markings must be as large as practicable. Further reliefbeyond an exemption with the standard conditions and limitations is not necessary. The senseFly eBee and MikroKopter sUASs that the Tribe intends to use will be identified by serial number; will be registered in accordance with 14 CFRpart47; and, will have identification (N-Number) markings in accordance with 14 CFRpart 45, Subpart C, with markings as large as practicable. C. MEDICAL CERTIFICATES: 14 C.F.R. 

### § 61.23 (a) and (c). 14 C.F.R. § 61.23, entitledMedical certificates: Requirementandduration, addresses (a) Operations requiring a medical certificate and (c) Operations requiring either a medical certificate or U.S. driver's license. Reason Tribe Seeks Relief: The FAA, in granting summary exemptions, has providedthat a U.S. driver's license may be used in lieu ofa third class medical certificate. Additionally, the FAA has announced that a Section 333 operatoronlyneeds a valid driver's license to satisfy the third class medical certificate requirement, noting that this change is consistent with the agency's approach for sportpilot certificate holders, who may fly light sport aircraft with a driver's license and no FAAmedical certificate. https://www.faa.gov/news/updates/?newsld=82245 Extent ofReliefTribe Seeks: The extent ofreliefthe Tribe seeks is a determination that a U.S. driver's license may be used in lieu ofa third class medical certificate. This reliefis consistent withthe FAA'spractice ofdetermining that a U.S. driver's license may be used in lieu ofa third class medical certificate, and the FAA's announcement that a Section 333 operator only needs a valid driver's license to satisfy the third class medical certificate requirement, no further reliefis necessary. The Tribe's Section 333 operator will have a valid driver's license. D. RECREATIONAL PILOT PRIVILEGES AND LIMITATIONS: 14 C.F.R. 

### § 61.101(e)(4) and (5); and, SPORTPILOTLIMITATIONS: 14 C.F.R. 

### § 61.315(a). 14 C.F.R. § 61.101(e)(4) and (5) addresses recreational pilot privileges and limitations, and 14 C.F.R. § 61.315(a) addresses sportpilot privileges and limitations. Reason Tribe Seeks Relief: The FAA has routinely granted summary exemptions for the senseFly eBee and MikroKopter sUASs that the Tribe intends to use for aerial data collection, with the condition and limitation that the "PIC [Pilot-in-Command] must hold either an airline transport, commercial, private, recreational, or sportpilot certificate." Extent ofReliefTribe Seeks: The extent ofthe reliefthe Tribe seeks is the FAA's standard sUAS condition and limitation that the "PIC must hold either an airline transport, commercial, private, recreational, or spmtpilot certificate", consistent with the FAA's previous and routine 10grants ofsummary exemptions for the senseFly eBee and MikroKopter sUASs used for aerial data collection. The Tribe will operate in accordance with such a condition and limitation. 

### E. PRIVATE PILOT

### PRIVlLEGE AND LIMITATIONS: 14 C.F.R. 

### § 61.113(a). 14 C.F.R. § 61.113, entitledPrivatepilotprivileges andlimitations, provides: (a) Except as provided inparagraphs (b) through (h) ofthis section, no person who holds a privatepilot certificate may act as pilot in command ofan aircraft that is carryingpassengers orproperty for compensation orhire; nor may that person, for compensation or hire, act as pilot in command ofan aircraft. Reason Tribe Seeks Relief: Because the senseFly eBee and MikroKopter sUASs the Tribe intends to use will not carry a pilot orpassengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiring the PIC operatingthe aircraftto have a private pilot's license rather than a commercial pilot's license to operate these sUASs. The FAAhas routinely granted summary exemptions for the senseFly eBee and MikroKopter sUASs that the Tribe intends to use for aerial data collection, with the condition and limitation that the "PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate." Extent ofReliefTribe Seeks: The extent ofthereliefthe Tribe seeks is the FAA's standard sUAS condition and limitationthat the "PIC musthold either an airline transport, commercial, private, recreational, or sportpilot certificate", consistent withthe FAA'sprevious and routine grants ofsummary exemptions for the senseFly eBee and MikroKopter sUASs used for aerial data collection. The Tribe will operate in accordance with such a condition and limitation. 

### F. CIVIL AIRCRAFT AIRWORTHINESS: 14 C.F.R. 

### § 91.7(a). 14 C.F.R. § 91.7 provides: (a) No person may operate a civil aircraft unless it is in an airworthy condition. Reason Tribe Seeks Relief: The Tribe seeks reliefto the extentrequired to allow Tribal operators to determine that the senseFly eBee and MikroKopter sUASs are in an airworthy condition prior to every flight. Airworthiness will be determined by complying with the operating manual, and by complying with a pre-flight and post-flight checklist for each flight, including before first flight and after majormaintenance orupgrades. Extent ofReliefTribe Seeks: The extent ofthe reliefthe Tribe seeks is the FAA's standard sUAS conditions and limitations with respect to airworthiness. 

### G. MINIMUM SAFE ALTITUDES: 14 C.F.R. 

### § 91.119(c). 14 C.F.R. § 91.119 provides: Except when necessary for takeofforlanding, no person may operate an aircraft below the following altitudes: 11c) Over other than congestedareas. An altitude of

### 500 feet above the surface, except over open water or sparsely populated areas. Inthose cases, the aircraft may not be operated closer than 

### 500 feet to any person, vessel, vehicle, or structure. 

### Reason Tribe Seeks Relief: Because the Tribe intends to operate the senseFly eBee and MikroKopter sUASs at elevations less than 

### 400 feet, AGL, the Tribe seeks relieffrom this regulation. 

### Extent ofReliefTribe Seeks: The extent ofthe reliefthe Tribe requests is the FAA's standard sUAS condition and limitation that the sUAS "must be operated at an altitude ofno more than 

### 400 feet above ground level (AGL). Altitude must be reported in feet AGL. The Nez Perce Tribe will conduct all sUAS operations below

### 400 AGL. 

### ALTIMETER SETTINGS: 14 

### C.F.R. 

### § 91.121. 14 C.F.R. § 91.121 (a) (1) provides that each person operating an aircraft shall maintain cruising altitude orflight level ofthat aircraft, as the case may be, "byreference to an altimeterthat is set, when operating- (1) below 

### 18,000 feet MSL, to

- (i) The current reported altimeter setting ofa station along the route and within 

### 100 nautical miles ofthe aircraft; (ii) Ifthere is no station within the areaprescribed inparagraph (a)(l)(i) ofthis section, the current reported altimeter setting ofan appropriate available station; or (iii) In the case ofan aircraft not equipped with a radio, the elevation ofthe departure airport or an appropriate altimeter setting available before departure;" 

### Reason Tribe Seeks Relief: As the senseFly eBee and MikroKopter sUASs may not have a barometric altimeter, but instead a GPS altitude read out, an exemptionmay be needed. An equivalent level ofsafety will be achieved bythe operator, pursuantto the Manual's preflight requirements and checklists confirmingthe altitude ofthe launch site before flight. 

### Extent ofReliefTribe Seeks: The extent ofthereliefthe Tribe seeks is an exemption from this requirement, consistent with the FAA'sprevious and routine summary grants ofexemption for the senseFly eBee and MikroKopter. 

### H. FUEL REQUIREMENTS FORFLIGHT IN VFR CONDITIONS: 14 

### C.F.R. 

### § 91.151(a)(1). 14 C.F.R. § 91.151 provides: (a) No person may begin 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 ofintended landing and, assuming normal cruising speed- (1) During the day, to fly afterthat for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. 12

### Reason Tribe Seeks Relief: For sUAS usage, the word "fuel" is understood as "energy". Since the sUASs will be operated in view ofthe PIC and the battery supply ofthe sUAS will be monitored bythe PIC, the sUAS operation will meet the reserve energyrequirements ofthis section. 

### Extent ofReliefTribe Seeks: The extent ofthe reliefthe Tribe seeks is an exemption from this requirement, consistent with the FAA'sprevious and routine grants ofexemption (and summary grants ofexemption) for the senseFly eBee and MikroKopter sUASs. I. 

### MAINTENANCE AND INSPECTIONS: MAINTENANCE REQUIRED; OPERATION AFTERMAINTENANCE; INSPECTIONS; MAINTENANCE RECORDS: 14 C.F.R. 

### § 91.405(a); 14 C.F.R. 

### § 91.407(a)(1); 14 C.F.R. 

### § 91.409(a)(1) and (2); 14 C.F.R. 

### § 91.417(a) and (b): 14 C.F.R. § 91.405, titled "Maintenance Required", provides: Each owner or operator ofan aircraft- (a) Shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed inpart 43 ofthis chapter; 14 C.F.R. § 91.407, titled "Operation after Maintenance", provides: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless- (1) Ithas been approved for return to service by a person authorized under §43.7 ofthis chapter; and 14 C.F.R. § 91.409, titled "Inspections", provides: (a) Except as provided in paragraph (c) ofthis section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had- (1) An annual inspection in accordance with part 43 ofthis chapter and has been approved for return to service by a person authorized by §43.7 ofthis chapter; or (2) An inspection for the issuance ofan airworthiness certificate in accordance with part 21 ofthis chapter. 14 C.F.R. § 91.417, titled "Maintenance Records", provides: (a) Except for work performed in accordance with §§91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) ofthis section:

13(1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 100-hour, annual, progressive, and otherrequired or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records must include- (i) A description (or reference to data acceptable to the Administrator) ofthe work performed; and (ii) The date ofcompletion ofthe work performed; and (iii) The signature, and certificate number ofthe person approving the aircraft for return to service. (2) Records containingthe following information: (i) The total time in service ofthe airframe, each engine, each propeller, and each rotor. (ii) The current status oflife-limitedparts ofeach airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul ofall items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status ofthe aircraft, including the time since the last inspectionrequired by the inspection program under which the aircraft and its appliances are maintained. (v) The current status ofapplicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD or safety directive number and revision date. Ifthe AD or safety directive involves recurring action, the time and date whenthe next action is required. (vi) Copies ofthe forms prescribed by §43.9(d) ofthis chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(l) ofthis section shall be retained until the work is repeated or superseded by other work or for 1year after the work is performed. (2) The records specified in paragraph (a)(2) ofthis section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list ofdefects furnished to a registered owner or operator under §43.11 ofthis chapter shall be retained until the defects are repaired and the aircraft is approved for return to service 14

### Reason Tribe Seeks Relief: These provisions set forth requirements for repairs and maintenance oftraditional aircraft, specifically aircraft inspections, approvals by authorized personnel, and record keeping. The Tribe seeks relieffrom these requirements because they apply only to aircraft with an airworthiness certificate, not to the Tribe's proposed operation of the senseFly eBee and MikroKopter sUASs. The Tribe's sUASs will be maintained by the operator pursuant to the manufacturer's specifications, or, when necessary, by the manufacturer, thereby providing an equivalent level ofsafety with respect to repairs and maintenance. 

### Extent ofReliefTribe Seeks: The extent ofthe reliefthe Tribe seeks is an exemption from this regulation, with the FAA's standard conditions and limitations with respect to repairs and maintenance imposed in previous grants ofexemption, and summary grants ofexemption, for the senseFly eBee and MikroKopter. 

### V. THE NEZPERCE TRIBE'S REQUESTED EXEMPTION IS IN THE PUBLIC INTEREST The sUAS operation enabled by the Nez Perce Tribe's requested exemption is in the public interest. The requested exemption will ensure that the Tribe is able to safely, efficiently, and economically perform aerial data collection as the Tribe carries out functions including biological, fisheries, wildlife, forestry, natural resource, and land data collection, research, and management. 

### A. Public Benefits related to Safety. The FAA has previously found that the enhanced safety achieved using an unmanned sUAS with the specifications described in the Tribe's petition and carrying no passengers or crew, rather than a manned aircraft ofsignificantly greater proportions, carrying crewin addition to flammable fuel, gives the FAA good cause to find that the sUAS operation enabledbythis exemption is inthe public interest. FAA Grants ofExemptionNos. 11062 to Astraeus Aerial (see DocketNo. FAA-2014-0352); 11109 to Clayco, Inc. (see DocketNo. FAA-2014-0507); 11112 to VDOS Global, LLC (see DocketNo. FAA-2014-0382); and 11213 to Aeryon Labs, Inc. (see DocketNo. FAA-2014-0642). Conducting aerial data collection with a sUAS- instead oftraditional manned aircraft- will greatly serve the public interest by substantially reducing or eliminating risk to safety oflife of personnel. The Tribe's experience with salmon spawning surveys along the Clearwater River in northcentral Idaho is that even when traditional manned aircraft (whether fixed-wing or rotor craft) are operated under strict safety guidelines, these aircraft can and do fail during aerial data collection projects. Tragically, this has resulted in severe personal injury, or death to personnel involved in these data collection projects. See, NTSB Reports SEAOOTA013 and WPR10FA440, and Figures 1and 2.

15Figure 

### 1. Photograph taken ofthe helicopter crash site wheretwo Nez Perce Tribe Fisheries Biologists and theirPilotwereinjured during a salmon spawning survey, in Stites, Idaho,November 1999 (Photo by Nez Perce Tribe Fisheries staff).

Figure 2. Photograph taken ofthe helicopter crash site where two Idaho Fish and Game biologists and their pilot were killed during a salmon spawning survey, near Kamiah, Idaho, August 2010 (Photo from Kyle Mills, Lewiston Tribune).

16Both ofthese flights were associated with salmon spawning surveys in the upper Clearwater River drainages, the first conducted by the Tribe and the latter conducted by Idaho Department ofFish and Game. The more recent accident resulted in the loss oflife ofall onboard (2 biologists and the pilot), the complete destruction ofthe helicopter, and damage to property on the ground (Figure 2). These two incidents causedthe Tribe to seriously review its aerial data collection operations, and to explore newtechnologies such as sUAS that would reduce or eliminate risks to personnel and property. Because the sUAS intended for use by Tribe carries no pilot, crew, or passengers, these types ofsafetyrisks are eliminated. Further, because sUAS are lightweight, and carry no fuel, ifan accident were to occur it has a significantly reduced potential for causing collateral damage to personnel or property on the ground, or in the air, compared to manned aircraft that typically conduct aerial data acquisition. Itis the Tribe's sincerest conviction that the use ofa sUAS in our aerial data collectionprogram will help prevent these types ofaccidents, and substantiallyreduce or eliminate risks to the safety and lives ofpersonnel and others. B. Additional Public InterestBenefits.

• Public benefitfrom the aerial collection ofdata. Traditional methods for collecting data include manned aircraft at higher elevations (resulting in lowerresolution ofdata), and personnel on the ground (limiting the ability to coverlarge areas efficiently). Using a sUAS for aerial data collection allows for imagery acquisition at much lower altitudes than manned aircraft, which increases the resolution ofcritical data. Using a sUAS enables more precise control ofthe data collection, and enables the ability to quickly review data collectionto ensure that the proper information is being obtained. Using a sUAS also provides a perspective that cannotbe achieved by use oftraditional manned aircraft and/or personnel on the ground.

• Privacy issues. The use ofthe intended UAS will be taking the place ofmanned aircraft that have, for decades, been flying the same types ofmissions. Just as the manned aircraft operations posed no privacy issues, it is not expected that the use ofa sUAS for the same types ofmissions will result in privacy issues. For example, Figure 3 shows a typical section on the lower ClearwaterRiver where the NPT salmon spawning surveys take place.

17Figure 3. General map ofa lower Clearwater River section between Spalding, Idaho and Fir Island where NPT salmon spawning surveys occur. This area ofthe Clearwater River flows largely through a sparsely populated area. VI. A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER The NezPerce Tribepetitions the FederalAviationAdministration for an expedited summarygrant of exemption from the requirements of 14 C.F.R Sections 21.185, 45.23(b), 61.113(a), 61.133(b), 91.7(a), 91.9(b)(2) & (c), 91.109(a), 91.119(c), 91.121, 91.151(a), 91.203(a) & (b), 91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and '91.417(a) & (b) to operate small unmannedaircraftsystems (sUASs)-specifically the senseFly eBee andthe MikroKopter -foraerial data collection. The Tribeproposes that its use of sUAS for aerial data collection operation be subject to the FAA 's standardconditions andlimitations in itspreviousgrants of exemption, and summarygrants of exemption,for aerial data collection using the senseFly eBee and MikroKopter sUASs. The Nez Perce Tribe asserts that good cause exists for not publishing a summary ofthe 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 Nez Perce Tribe.

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### APPENDIX A [DRAFT]Conditions and Limitations- These are the FAA's standard Conditions and Limitations accompanying the FAA's summary grants ofexemption for sUAS use for Aerial Data Collection; the Nez Perce Tribe understands these standard Conditions and Limitations would apply to the Tribe's use ofthe senseFly eBee and MikroKopter sUAS for Aerial Data Collection. In this grant ofexemption, 

### [theNez PerceTribe] is hereafter referred to as the operator. Failure to comply with any ofthe conditions and limitations ofthis grant ofexemption will be grounds for the immediate suspension orrescission ofthis exemption. 

### 1. Operations authorized by this grant ofexemption are limited to the 

### [senseFly eBee sUAS and MikroKopter sUAS] when weighing less than 

### 55 pounds including payload. Proposed operations ofany other aircraft will require a new petition or apetitionto amend this exemption. 2. Operations for the purpose ofclosed-set motion picture and television filming are not permitted. 3. The UA maynot be operated at a speed exceeding 87 knots (100 miles perhour). The exemptionholder 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 bythe aircraft manufacturer. 4. The UA must be operated at an altitude ofno more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL. 

### 5. The UA must be operated within visual line ofsight (VLOS) ofthe 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 ofsight (VLOS) ofthe 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 ofthe flight. The PIC must ensure that the VO can perform the duties required ofthe 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 ofexemption, 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, the operator must follow the procedures as 19outlined in its operating documents. The operator may update or revise its operating documents. Itis 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 ifit petitions for extension or amendment to this grant ofexemption. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, thenthe operator must petition for an amendment to its grant ofexemption. The FAA'sUAS Integration Office (AFS

- 80) may be contacted ifquestions 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., replacement ofa flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conductedby a PIC with aVO 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. Priorto 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. Ifthe inspectionreveals a condition that affects the safe operation ofthe 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 manufacturer's maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. 12. Each UAS operated under this exemption must complywith all manufacturer safetybulletins. 13. Under this grant ofexemption, 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 ofColumbia, 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 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 oftraining the operator's PICs and VOs (training, proficiency, and experiencebuilding) 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 ofthis exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience-building flights, 20all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 15. UAS operations may not be conducted during night, as defined in 14 CFR 

### § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 16. The UA may not operate within 5 nautical miles ofan airport reference point (ARP) as denoted in the current FAA Airport/FacilityDirectory (AFD) or for airports not denoted with anARP, the center ofthe airport symbol as denoted onthe current FAA-published aeronautical chart, unless a letter ofagreement with that airport's management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter ofagreement withthe airport managementmust 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 whenvisibilityis less than 3 statute miles from the PIC. 18. Ifthe UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property. 19. The PIC must abort the flight in the event ofunpredicted obstacles oremergencies. 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 operate afterthat for at least five minutes orwith the reserve power recommended bythe manufacturer ifgreater. 21. Air Traffic Organization (ATO) Certificate ofWaiver orAuthorization (COA). All operations shall be conducted in accordance with anATO-issued COA. The exemption holder may apply for a new or amended COA ifit intends to conduct operations that cannot be conducted underthe terms ofthe attached COA. 22. All aircraft operated in accordance with this exemptionmust be identified by serial number, registered in accordance with 14 CFRpart 47, and have identification(N-Number) markings in accordance with 14 CFRpart 45, Subpart C. Markings must be as large as practicable. 23. Documents used bythe operatorto ensure the safe operation and flight ofthe UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station ofthe UAS any time the aircraft is operating. These documents must be made available to the Administrator orany law enforcement official upon request. 24. The UA must remain clear and give wayto all manned aviation operations and activities at all times. 25. The UAS may not be operated bythe PIC from any moving device or vehicle.

2126. 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 sufficientlyprotect nonparticipating persons from the UA and/or debris in the event ofan accident. The operator must ensure that nonparticipatingpersons remain under such protection. Ifa situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UA, flight operations must cease immediately in a manner ensuringthe safety ofnonparticipating persons; and b. The owner/controller ofany vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment ofthe risk of operating closer to those objects and determined that it does not present an undue hazard. The PIC, VO, operatortrainees or essential persons are not considered nonparticipating persons under this exemption. 27. All operations shall be conducted over private or controlled-access property withpermission 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. Anyincident, accident, orflight operation that transgresses the lateral orvertical boundaries ofthe operational area as defined bythe 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. Ifthis exemptionpermits operations for the purpose ofclosed-set motion picture and television filming and production, the following additional conditions and limitations apply. 29. The operator must have a motionpicture and television operations manual (MPTOM) as documented in this grant ofexemption. 30. At least 3 days before aerial filming, the operator ofthe UAS affected bythis exemption must submit a written Plan ofActivities to the local Flight Standards District Office (FSDO) with jurisdiction over the area ofproposed filming. The 3-day notification may be waived with the concurrence ofthe FSDO. The plan ofactivities must include at least the following:

a. Dates and times for all flights; b. Name and phone number ofthe operator for the UAS aerial filming conducted under this grant ofexemption;

c. Name and phone number ofthe person responsible for the on-scene operation ofthe UAS; d

. Make, model, and serial orN-Number ofUAS to be used;

e. Name and certificate number ofUAS PICs involved in the aerial filming; 22f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list ofthose who gave permission must be made available to the inspector upon request; g. Signature ofexemptionholder orrepresentative; and h. A description ofthe flight activity, including maps or diagrams ofany 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. Unless otherwise specified inthis grant ofexemption, 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.

23