Albany

Atlanta

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Denver

Los Angeles

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New York 1676 International Drive • Penthouse McLean, VA 22102
Tel: 703.336.8800 mckennalong.com Northe rn Virginia

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San Diego

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Seoul

Washington, DC

Mark E McKinnon

703.336.8708
Matthew J. Clark

703.336.8714 Email Address mmckinnonf@mckennalong.com mclark@mckennalong.com

February 13, 201 5

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: 

### Amendment to Aviation Unmanned Exemption Request Under Section 333

of the FAA Modernization and Reform Act of 2012 [Docket No. FAA

- 2014

- 0895]

Dear Gentlemen :

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, Aviation Unmanned (" AU "), hereby submits the following amendment to its Petition for Exemption filed on Octob er 13, 2014. This Amended Petition for Exemption is made based on information outlined in this Amendment , as well as the following accompanying documents:

 AU Standard Operating Procedures Manual (" AU SOP Manual")

 PrecisionHawk sUAS Flight Operations Manua l

 P recisionHawk Hawkeye Aircraft MK

- III sUAS (Hawkeye MK

- III) Aircraft Flight

Manual

 Vanguard Defense Industries, LLC Technical Manual Operator's Maintenance

Manual for ShadowHawk® Unmanned Aircraft System

 ShadowHawk MK

- II Maintenance Schedule ®

The Shadow Hawk and PrecisionHawk documents are referred to collectively as "Manufacturer's Manuals" in this Amended Petition for Exemption.U.S. Department of Transportation Docket No. FAA

- 2014

- 0895

February 13, 2015 Page 2

AU submits these supporting materials as confidential documents pursuant to 14 C.F.R. § 11.35(b), as the materials contain commercial information that is confidential and proprietary

to AU

, PrecisionHawk , and V anguard Defense Industries, LLC

. Additionally, these documents contain operating conditions and procedures that are not generally available to the public and are

protec ted from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.

This Amended Petition for Exemption is divided into two parts. Part I describes the conditions and limitations for the proposed small unmanned aerial vehicles ( i.e., "small

unm anned aircraft" or "UAS") operations that AU will adhere to under the grant of exemption,

and which are contained in the AU SOP Manual and Manufacturer's Manuals. Part II of this Amended Petition for Exemption identifies revised or additional language to the original October 13, 2014 Petition for Exemption. For ease of use, Part II sets forth the heading of the applicable section of the October 13, 2014 Petition for Exemption, followed by a description of changes to

that section. Part III is the conclusi on.

P ART I : C ONDITIONS AND L IMITATIONS

The AU SOP Manual and the Manufacturer's Manual s 1 for the selected UAS will contain all the procedures and limitations necessary to safely and successfully perform the operations specified in this Amended Pet ition for Exemption. To assist the FAA in making a safety

assessment of AU's proposed operations, below is a summary of operational conditions and

limitations that AU will adhere

, and which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The Hawkeye MK

- III sUAS weighs less than 5.5 pounds, fully loaded.

2. The ShadowHawk weighs less than 70 pounds, fully loaded.

3. The Hawkeye MK

- III will not be flown at a ground speed exceeding 78 knots.

4. T he ShadowHawk will not be flown at a ground speed exceeding 30 knots.

5. The UA must be operated within visual line of sight (VLOS) of the Pilot

- in

Command (" PIC ") at all times. This requires the PIC to be able to use human

1 The term "Manufacturer's Manual" includes all relevant manufacturer publications, including, but not limited to: ope rations and flight manuals, user guides, component maintenance manuals, pilot training manuals, service information letters and, safety/service bulletins.U.S. Department of Transportation Docket No. FAA

- 2014

- 0895

February 13, 2015 Page 3

vision unaided by any device ot her than corrective lenses, as specified on the

PIC’s FAA

- issued medical certificate.

6. All operations must utilize a visual observer (VO). 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 will be designated prior to each flight and cannot transfer his or her designation for the duration of the flight. T he PIC will ensure that the VO can perform the functions prescribed in the operating documents.

7. The VO will not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments.

8. The AU SOP Manual and its G rant of E xemption will be available to the PIC at the Ground Control Station ( GCS ) anytime the UAS is operating. These documents

will be made available to the Adminis trator or any law enforcement official upon

request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the AU SOP Manual , the conditions and limitations herein take precedence and will be follo wed. Otherwise, the AU will follow the procedures in the SOP Manual.

9. AU may update or revise its SOP Manual . Revisions will be tracked and a revised copy of the AU SOP Manual will be provided to the Administrator upon request.

AU will also present an updated and revised SOP Manual if it petitions for

extension or amendment to its grant of exemption. If an update or revision would affect the basis upon which the FAA grants the exemption, AU will seek an amendment to its grant of exemption. AU will co ntact the FAA’s UAS Integration Office (AFS

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

10. Prior to each flight the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a con dition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. The

GCS will be included in the preflight inspection. All maintenance and alterations

will be properly documented in the UAS records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component,U.S. Department of Transportation Docket No. FAA

- 2014

- 0895

February 13, 2015 Page 4

will undergo a functional test flight. The PIC who conducts the functional test

flight will make an entry in the UAS records.

12. The pre

- flight inspection will account for all discrepancies, e.g. inoperable components, items, or equipment, not already covered in the re levant sections of the operating documents.

13. AU will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul; replacement, inspection, and life limit requirements.

14. AU will carry out its maintenance, inspections, and record keeping requirem ents,
in accordance with the SOP Manual

. Maintenance, inspection, and alterations

will be noted in the UAS records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS

to service.

15. Each UAS operated under this exemption will comply with all required manufacturer Safety

/Service Bulletins.

16. An authorized person designated in the AU SOP Manual will make an entry in the

UAS record of the corrective action taken against discrepancies di scovered between inspections.

17. PICs shall possess at least a Private Pilot's Certificate 2 and current Class III

Medical Certificate. The PIC will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

18. AU will not permit any PIC to operate the UAS unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated unde r this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency will be logged in a manner con sistent with

2 The FAA has stated that it does not possess the authority under Section 333 of the Reform Act

to exempt petitioners from the statutory requirement to hold an airman certificate, as prescribed in 49 USC § 44711. See Docket No. FAA

- 2014

- 0481 at 13. Should the FAA's interpretation of its authority under Section 333 of the Reform Act change in this rega rd, AU will file a supplemental petition for exemption from the airman certification requirements of Part 61.U.S. Department of Transportation Docket No. FAA

- 2014

- 0895

February 13, 2015 Page 5

14 CFR § 61.51(b). VO s shall complete the FAA Private Pilot Ground School

knowledge exam and successfully complete ground school for the UAS to be operated under this exemption. A record of training will be documented and made available upon request by the Administrator. Fli ghts f or the purposes of training PICs and VOs (training, proficiency, and experience

- building), are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training, prof iciency, 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.

19. 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.

20. The UA may not operate within 5 nautical miles of an airport reference point as

denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the AU's COA. The

lett er of agreement with the airport management will be made available to the Administrator upon request.

21. 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 fro m the

PIC.

22. If the UAS loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in

accordance with AU's SOP Manual

.

23. The PIC must abort the flight in the event of u npredicted obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed

to the intended l andi ng point and land the Hawkeye MK

- III with 2 5 % battery power remaining , or 45 minutes of flight, whichever occurs first

.

25. Maximum flight time for ShadowHawk operations will be limited to 90 minutes.

26. AU will obtain an Air Traffic Organization (ATO) is sued Certificate of Authorization ( COA ) prior to conducting any operations under this grant ofU.S. Department of Transportation Docket No. FAA

- 2014

- 0895

February 13, 2015 Page 6

exemption. A NOTAM will be issued as required by the COA. All operations

will be conducted in accordance with airspace requirements in the ATO issued

COA inclu ding class of airspace, altitude level and potential transponder requirements.

27. The UA will not be ope rated from an elevated platform or moving device/ vehicle.

28. All aircraft operated in accordance with this exemption will be identified by serial number, re gistered 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.

29. Before conducting operations, the radio frequency spectrum used for operation

and control of the UA will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

30. Prior to the operation, there will be a Mission Plan created in accordance with the requirements of the AU SO P Manual.

31. The UA shall remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

32. The UA may not be operated over congested or densely populated areas.

33. 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 no nparticipating

persons from the UA and/or debris in the event of an accident. The

operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 5 00 feet of the UA, flight operation s must cease immediately and/or ;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles, or structures has granted permission and the PIC has made a safety asse ssment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;U.S. Department of Transportation Docket No. FAA

- 2014

- 0895

February 13, 2015 Page 7

c. Operations nearer to the PIC, VO, Sensor Operator, operator trainees or

essential persons do not present an undue hazard to those persons per § 91.119(a).

34. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be

obtained for each flight to be conducted.

35. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA’s UAS Integration Office (AFS

- 80) withi n 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

.

P ART II : A MENDMENTS

1. Extent of relief we seek and the re ason we seek the relief

Petitioner amends this section to clarify the scope of proposed c ommercial operations involving UAS. Petitioner intends to use UASs for the following purposes:

 Agric ultural Surveys : Petitioner intends to use UAS for high precisi on imagery and surveying of agricultural fields. All survey flight operations will occur over private property with the consent of the property owner, controller, or representative. These agricultural fields are located in rural areas away from people or crowds. Petitioner will maintain a 500' buffer from any private land or structures that fall outside of the property

owner's boundaries unless permission has been received from the owner

. All flight paths, including routine missions and lost link routin g will be planned to avoid flights over non

participating property

.

 Utility Inspections : Petitioner intends to perform utility

- power

- generation (distribution or transmission) inspection for early detection of failure using UAS. Most of the utility

lines A U intends to inspect are located on property owned or controlled by the power company, or where the power company has easement grants. These utility lines are

located in rural a reas away from people or crowds. AU will ensure that all routing over the rig ht

- of

- way easement maintains a distance of 500' laterally from any nonparticipating property, roads, or other infrastructure, unless AU has received permission from the owner/controller, and closer operations can be conducted safely.U.S. Department of Transportation Docket No. FAA

- 2014

- 0895

February 13, 2015 Page 8

 Disaster Response : Petitioner intends to use UAS for the purpose of providing post

disaster aerial support services to utility companies that need near real time assessment

after natura l disasters such as hurricanes. In the event of a natural disaster, the areas in

which Pe titioner intends to operate are typically evacuated and require special

authorization from either the utility company and/or FEMA. In most instances, these areas are highly controlled, and nonparticipants are evacuated from the area.

 Training Flights : Pet itioner intends to conduct training flights to allow AU PICs and VOs to obtain flight experience with UAS generally, and with the specific UAS make and model used to perform the operations under this Amended Petition for Exemption. All training operations will be conducted during dedicated training sessions under

controlled and sterile conditions as required by Petitioner's SOP Manual.

Part 21 Subpart H

.

Petition er amends this section to add the following:

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same application. These criteria are met, and therefore no exemption is needed. 3 If, however, the FAA determines that there are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is requested.

Petitioner amends this section to also request exemption from the related airworthiness

sta ndards for normal category rotorcraft in 14 C.F.R. Part 27. Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent that AU's small UASs would otherwise require certifica tion under Part 27, Petitioner seeks an exemption from the Part 27 airworthiness standards for the same reasons it seeks exemption from Part 21, Subpart H.

14 C.F.R. § 45.23(b)

– Display of marks; general.

Petitioner amends this section to also request exemption from the related aircraft marking requirements of 14 C.F.R. § 91.9(c)

, which provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter.

3 See Grant of Exemption to Astraeus Aerial, Docket No. FAA

- 2014

- 0352 at 13

- 14, 22.U.S. Department of Transportation Docket No. FAA

- 2014

- 0895

February 13, 2015 Page 9

Petitioner amends to this section to also request exemption from the related rotorcraft marking requirements of 14 C.F.R. §45.27(a), which states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft "have identification (N

- Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 4
AU will ensure an equivalent level of safety by ensuring that all UA flown bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 5

14 C.F.R. § 61.113(a) and (b) Private pilot privileges and limitations: Pilot in command.

Petitioner amends this section to add the following:

The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be operatin g, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the UASs will be operated as part of a commercial operation, it carries neither passengers nor cargo. In the Grant of Exemption to

A straeus Aerial 6 , the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the addition cost and restrictions attendant with requiring a

the PIC to have a Commercial Pilot Certificate and Class II Me dical Certificate. The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved.

The restrictions AU has placed on its U AS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial. AU pilots will maintain at least a Private Pilot Certificate

and Class III Medical Certificate. AU will operate away from persons and property not essential

to the operat ion, and flights will occur outside controlled airspace. Moreover, a NOTAM will

also be issued as required in the applicable COA.

In addition to these flight restrictions, AU will also require that any PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft operators

, but also in the unique aspects of UAS flight. As set forth in the AU SOP Manual, pilots will have experience not only in UAS operations generally but have logged flight time in the specific m ake

4 FAA Docket No. FAA

- 2014

- 0352.

5 See, e.g., FAA Docket No . FAA

- 2014

- 0352 , at 14.

6 FAA Docket No. FAA

- 2014

- 0352.U.S. Department of Transportation Docket No. FAA

- 2014

- 0895

February 13, 2015 Page 10

and model used for the operations before they are permitted to participate in commercial flights

on behalf of AU

. The pilot qualification, training, and currency requirements in the AU SOP

Manual ensure that AU 's pilots are competent and proficient in the UAS they are operating. Moreover, Petitioner will also supplement the proposed UAS operations with a VO who will assist the PIC in maintaining VLOS of the UA at all times. Petitioner submits that a PIC holding

a Private Pilot's Certificate and Cla ss III Medical Certificate, who has completed required training in Petitioner's SOP Manual, can conduct the proposed UAS operations without adversely affecting the safety of the NAS and persons or property on the ground. As a whole, AU's proposed policies and procedures will ensure and equivalent or higher level of safety and granting the requested relief from 14 C.F.R. § 61.113(a) and (b), is therefore appropriate

.

14 C.F.R. § 91.7(a) and (b) Civil aircraft airworthiness.

Petitioner revises this secti on as follows:

AU withdraws its requested for exemption from 14 C.F.R. § 91.7(b), which requires the PIC to ensure the aircraft is airworthy and in a condition safe for flight. I n the FAA's Grant of Exemption to Douglas Trudeau, the FAA determined that the PIC can comply with this requirement and that an exemption from § 91.7(b) is not necessary. 7 Petitioner's pilots will ensure that the UAS is in a condition safe for flight and an exemption is therefore not necessary.

Regarding the requested reli ef from 14 C.F.R. § 91.7(a), while Petitioner's UASs will not

be issued an airworthiness certificate in accordance with 14 CFR part 21, Subpart H, compliance

with the AU SOP Manual will provide sufficient means for determining an airworthy condition.

As r equired by the AU SOP Manual, the PIC will perform a pre

- flight inspection prior to every flight to ensure it is in an airworthy condition. Petitioner will also complete daily inspections of

the aircraft in accordance with the Manufacturer's Manuals and t he SOP Manual

. These inspection requirements will ensure an equivalent level of safety to that provided by C.F.R. § 91.7(a), and an exemption is therefore warranted. 8

14 C.F.R. § 91.105(a)(2) & (b) Flight crewmembers at stations.

Petitioner withdraws i ts request for exemption from 14 C.F.R. §91.105(a)(2) and (b) , as it is not applicable to the proposed UAS operations

.

7 See Docket No. FAA

- 2014

- 0 481 at 17.

8 See e.g

., Docket No. FAA

- 2014

- 0 481 at 16

- 17.U.S. Department of Transportation Docket No. FAA

- 2014

- 0895

February 13, 2015 Page 11

14 C.F.R. § 91.109(a) Flight instruction; Simulated instrument flight and certain flight

tests.

Petitioner amended this section as fol lows:

In addition to the extensive training and experience requirements of Petitioner's flight instructors, given the size and speed of the UAS that Petitioner intends to use, an equivalent level of safe training can still be performed without dual contro ls because no pilot or passengers are

aboard the UAS. Moreover, as required by Petitioner's SOP Manual, all flight instruction will occur during dedicated training sessions, in a controlled and sterile environment where all persons not essential to the fl ight training will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction. As a whole, the limited size and speed of the UAS, the lack of any passengers, the training and experience requirements for Petiti oner's flight instructors, and requirements that flight training operations be conducted in a controlled and sterile environment, ensure an equivalent or higher level of safety than that provided by the flight instruction regulations.

14 C.F.R. § 91.119 Mi nimum safe altitudes: General.

Petitioner amends this section as follows:

Petitioner only seeks exemption from the minimum safe altitude requirem ents of 14 C.F.R. § 91.119(c). Relief from § 91.119(a) will not be necessary because Petitioner will be ab le to perform an emergency landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be neces sary. 9

Compared to flight operations with aircraft weighing far more than the m aximum weights proposed herein , any risk associated with these operations is far less than those that presently

exist with full

- size conventional aircraft. An equivalent leve l of safety will be achieved given the size, weight, and speed of the UASs, as well the controlled and sterile location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be

restricted to 400 feet AGL or below , and will at all times be operated within VLOS of one or more crewmembers on the ground. As set forth in the AU SOP Manual, the UAS will be operated in a controlled area, at least 500 feet away from nonparticipating persons unless barriers

or struc tures are present that sufficiently protect nonparticipating persons from debris in the

event of an accident. Further, UAS operations will occur at least 500 feet away from vehicles or

structures unless the land owner/controller has granted permission and the PIC has made a safety

9 See e.g ., Grant of Exemption to Slugwear, Inc., dba Likeonatree Aerial, Docket FAA

- 2014

- 0534 at 15.U.S. Department of Transportation Docket No. FAA

- 2014

- 0895

February 13, 2 015 Page 12

assessment of the risk of operating closer to those objects and

, operations near the PIC or VO

will not present an undue hazard per § 91.119(a). As a whole, these requirements ensure a level of safety better than or equal to the rules from which exemption is sought

.

14 C.F.R. § 91.203(a)(1) and (2) Civil aircraft: Certifications required.

Petitioner amends this section as follows:

Petitioner also seeks exemption from the requirements of 14 C.F.R. § 91.203(b). The

FAA has st ated that no exemption is needed from the airworthiness certificate requirements of 14 C.F.R. § 91.203(a)(1) if a finding is made under the Reform Act that the UAS selected provides

an equ i v a lent level of safety when compared to aircraft normall y used for the same applicat i on. These criteria are met, and ther efore no exemption is needed. 10 If, however, the FAA determines

that ther e are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is requested.

The UASs that Petitioner intends to use are safe when taking into account their size, weight, speed, and operational capability. The ShadowHawk has a maximum take

- off weight of 70 pounds, and will be flown at a ground speed of 70 knots or less , and comple tely outside controlled airspace 11

. The Hawkeye MK

- III has a maximum take

- off weight of approximately 5.5 pounds and will also be flown at a ground speed of 78 knots or less. Additionally, the UASs

carr y neither pilots nor passengers, and will operate exc lusively within the parameters stated in

Petitioner's SOP Manual. The Hawkeye MK

- III carries no explosive materials or flammable liquid fuels , and the ShadowHawk only carries 18 pounds of fuel. The proposed operations conducted under this exemption will be closely controlled and monitored by AU and will be conducted in compliance with local public safety requirements, to provide security for the area of operation. AU will also provide the FAA with advance notice of all operations via NOTAMs and the COA p rocess . In all cases, the UAS operated under the proposed conditions, will be at least as safe as, or safer than conventional fixed

- wing aircraft operating with an airworthiness

certificate.

Further, the UAS does not need a means to communicate with oth er aircraft or ATC, because those capabilities will be possessed by the PIC and VO , who are not onboard the UAS.

In addition, no sense

- and

- avoid technology is necessary for the UAS because it will be operated

at all times in VFR conditions and within VLOS of the PIC and Operator. 12

10 See e .g., Docket No. FAA

- 2014

- 0352 at 13

- 14, 22.

11 Or as otherwise prescribed in an ATO issued COA.

12 See Docket FAA

- 2014

- 0352 at 13.U.S. Department of Transportation Docket No. FAA

- 2014

- 0895

February 13, 2015 Page 13

In addition to the above referenced amendments to this section, Petitioner also seeks exemption from the related civil aircraft flight manual, marking, and placard requireme nts of 14 C.F.R. § 91.9(b)(2). In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manu al, registration certificate, and other required documents from the GCS from which he or she is operating the aircraft. 13 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has

access to the documents at the GCS from which he or she is piloting the UAS.

14 C.F.R. § 91.207 Emergency Locator transmitters.

Petitioner h as determined that the proposed operations can comply with the requirements

of 14 C.F.R. § 91.207 , and an exemption is not necessary. 14 Accordingly, the requested exemption from 14 C.F.R. § 91.207 is withdrawn.

14 C.F.R. § 91.405(a) Maintenance require d. 14 C.F.R. § 91.407(a)(1) Operation after maintenance.

14 C.F.R . § 91.409(a)(2 ) Inspections.

14 C.F.R . § 91.417(a) Maintenance records.

Petitioner consolidates and amends the above referenced section s as follows:

AU seeks exemption from the maintenanc e inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption from these regu lations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS to be operated under this grant of exemption will not have.

13 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, F AA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.

14 In accordance with § 91.207(e)(9), the provisions of § 91.207(a) do not apply to aircraft equipped to carry not more than one person.U.S. Department of Transportation Docket No. FAA

- 2014

- 0895

February 13, 2015 Page 14

Petitioner will ensure an equivalent level of safety by requiring th at all UAS maintenance and inspections be performed in accordance with the Manufacturer's Manuals and any required

manufacturer Safet y or Service Bulletins. Further, as required by Petitioner's SOP Manual

, the PIC will conduct a pre

- flight and post

- flight inspection of the UAS and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potentially affecting safe operation of the UAS and no flights will occ ur unless, and until all flight critical components of the UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will be conducted following the replacement of any flight

- critical components. The PIC who cond ucts a functional test flight will make an entry in the UAS aircraft records of the flight.

The AU SOP Manual also includes requirements to follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the following applicable components: powertrain system (powerplant), propellers, avionics and control surfaces (including ailerons/elevons), structures & airframe, camera system, electrical systems (including batteries), GCS , hazard access ories, and spare parts. Further,

Petitioner's SOP Manual also includes procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in servi ce of the UASs used under this grant of exemption. As a whole,

adherence to the maintenance, inspection, and recordkeeping procedures required by the AU SOP Manual is sufficient to ensure that safety is not adversely affected.

14 C.F.R . § 91.409 (a)( 1) Inspections.

Petitioner amends the Petition for Exemption to also seeks exemption from § 91.409(a)(1) because it is an alternate inspection requirement of § 91.409(a)(2). 15 Petitioner will ensure an equivalent level of safety for the same rea sons discussed supra , under the requested exemptions from of 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b).

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

Petitioner amends this section as follows:

Petitioner also seek an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required

to the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read

out.

15 See Grant of Exemption to Clayco, Inc., Docket No. FAA

- 2014

- 0507 at 11.U.S. Department of Transportation Docket No. FAA

- 2014

- 0895

February 13, 2015 Page 15

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 91.121 can be achieved in circumstances where: (1) the UASs will be operated at 400 feet AGL or below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC t o confirm accuracy of the onboard GPS. 16

The UASs that Petitioner intends to use for performing the proposed UAS operations will meet all these operational characteristics. Moreover, as required by the AU SOP Manual , the PIC will be required to calibrate the aircraft's GPS compass prior to each flight operation. Like the Grant of Exemption to Astraeus Aerial, the UASs Petitioner intends to use, and the safety mitigation procedures contained in the AU SOP Manual , both ensure that an equivalent level of

saf ety will be achieved, and a grant of exemption to the requirements of § 191.121 is therefore appropriate.

14 C.F.R. § 91.103 (b)(2) : Preflight Action

Petitioner amends the Petition for Exemption to also seek an exemption from 14 C.F.R. §

91.103 (b)(2) , whi ch requires a PIC to become familiar with specific information before each flight, including information contained in the FAA

- approved Flight Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an FAA

- approved Flight Manual is required.

An equivalent level of safety will be provided by following the AU SOP Manual and the Manufacturer's Manuals. The PIC will perform a series of checklists des igned to identify any defects or inoperable components in accordance with the AU SOP Manual, including checklists covering pre

- flight and post

- flight inspection procedures . The PIC will also be required to review weather, flight requirements, battery char ge, l anding and takeoff distance, UA performance data, and contingency landing areas

— before initiation of flight. AU's SOP Manual and the Manufacturer's Manual (and any other relevant manufacturer publications) will be kept at

the GCS and will be accessib le to the PIC at all times while operating the UAS.

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

Petitioner amends the Petition for Exemption to also seek an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR conditions. While the ShadowHawk 17 UAS will be capable of complying with the fuel requirements fo r flight in VFR conditions, the Hawkeye

MK

- III is powered by a single 3900 mAh LiPo batter y that provides approximately 60 minutes of flight under normal operating conditions. The limited battery capacity means that no meaningful flight operations can be conducted with the Hawkeye MK

- III while still maintaining

16 See Docket No. FAA

- 2014

- 0352 at 21.U.S. Department of Transportation Docket No. FAA

- 2014

- 0895

February 13, 2015 Page 16

a 30

- minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a)

i s therefore required.

The FAA has stated that an equivalent level of safety can be achieved by requiring that each UAS operation be completed within 3 0 minutes flight time or with 25 % battery power remaining, whichever occurs first. 18 Similarly, t he A U SOP Manual limits Hawkeye MK

- III operations to 45 minutes 19 , or 25% battery reserve, whichever occurs first.

The Hawkeye MK

- III also include s low battery warning system. The amount of battery reserve power remaining will be transmitted to the PIC via t elemetric data feed, which downlinks from the UAS to a ground

- based

- on

- screen display. As required by the AU SOP Manual , the PIC will promptly fly the UAS back to the home launch location or pre

- determined abort location where the UAS may safely land, whi le s till maintaining a minimum of 25 % reserve battery power. Moreover, the Hawkeye MK

- III is equipped with inherent safety features which will cause the UA to auto land if battery voltage reaches 10.4V. Petitioner submits that the procedures requiring fl ights to be safely terminated after 45 minutes of flight, or 25% battery reserve (whichever occurs first), combined with the requirement that flights only be conducted

within a se cure, isolated area, using a UA weighting less than 5.5 pounds, and within VL OS of

the PIC and VO (s), ens ure that the proposed operations will provide an equivalent or higher level of safety to that provided by the regulations from which exemption is sought.

2. How our request would benefit the public as a whole

Petitioner amends this section as follows:

In addition to helping the Administrator assess whether certain UAS may operate safely

in the NAS before completion of the rulemaking required under Section 332 of the Reform Act

, the proposed UAS operations in this Amended Petition for Exemption benefit the public as a whole by : ( 1) significantly improving safety and reducing risk by alleviating human exposure to danger associated with manned aircraft performing agricultural, utility , and disaster response aerial surveys an d inspections ; (2) improving the quality of services AU can provide to its customers; (3) decreasing operating costs related to survey and inspection activities; (4) reducing

{continued from previous page}

17 The maximum requested flight time for ShadowHawk operations is 90 minutes. Since the ShadowHawk has a total flight time of 120 minutes, and all operations will be con ducted in daytime VMC only, Petitioner will be able to comply with 14 C.F.R. § 91.151(a)(1) and maintain

30 minute fuel reserves.

18 See Grant of Exemption to Clayco, Inc., Docket No. FAA

- 2014

- 0507 at 15.

19 The Hawkeye MK

- III battery provides 60 minutes o f flight under normal operating conditions.U.S. Department of Transportation Docket No. FAA

- 2014

- 0895

February 13, 2015 Page 17

the environmental impact of aerial surveys and inspections ; and (5) supporting ag ricultural applications and treatments that reduce environmental impacts.

The increased safety that UASs offer is particularly true in the context of utility inspections. Power lines transmit extremely high voltage electricity. Currently, utility

compa nies conduct visual inspections using manned helicopters in very close physical proximity to power lines and transmission towers. Inspecting power lines with a manned helicopter is very dangerous for all the crew members involved as the aircraft is requir ed to fly slowly and very close to the power lines. The use of UASs to conduct power line inspections will mitigate many of these safety concerns. The pilot and crew are located on the ground, not hovering hundreds of

feet in the air above electrical cab les, risking their lives for the inspection. In the unlikely event of a UAS collision with the power lines, the crew will be a safe distance from the site of the accident. Many UAS s , including the Hawkeye MK

- III that AU will use, are also battery

powered and do not contain flammable liquids. While the ShadowHawk does rely on 89 octane

fuel , it is substantially safer than a full sized helicopter since it carries much less fuel and can easily auto rotate to the ground in a controlled landing even with a co mplete failure of the main engine. UASs also require less room for take

- off and landings than do manned aircraft, and can be flown for short distances, which significantly decreases the potential for accidents. Also, given its small size when compared wi th a full sized helicopter, UASs like the ShadowHawk are far more fuel efficient and environmentally friendly (1.1 gallons per hour versus 28 gallons per hour in a Bell Jet Ranger)

. The public's interest is furthered by minimizing ecological impact of

an accident and by reducing human exposure to potentially harmful emissions associated with

full sized manned aircraft.

3. Reasons why the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to the existing rule

Petitioner amends this section to add the following:

The requirements contained in the AU SOP Manual, as outlined and discussed in this Amended Petition for Exemption, is sufficient to ensure that safety is not adversely affected by

grant ing the requested exemptions.

4. Summary to publish in the Federal Register

Petitioner amends the summary provided for publication in the F EDERAL R EGISTER as follows:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of F ederal Regulations:U.S. Department of Transportation Docket No. FAA

- 2014

- 0895

February 13, 2015 Page 18

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c);

91.103 (b)(2) ; 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)(1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the general public and property owners from the substantial hazards associated with performing equivalent agricultural, utility

, and disaster response aerial surveys and inspections with conventional fixed

- wing aircraft, rotorcraft, or other methods.

P ART III: C ONCLUSION

AU's Amended Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act of 2012 including weight, speed, operating capabilities, proximity to airports and populated areas, operation within VLOS and national security. The proposed UAS operations will benefit the public as a whole by improving safety and reducing risk by alleviating human exposure to danger. In consideration of the foregoing, this Amend ed Petition for Exemption provides the FAA with more than adequate justification for granting the requested exemptions allowing AU to use UASs for performing agricultural, utility , and disaster response aerial surveys and inspections.

We thank you for yo ur prompt consideration of these amendments to AU's Petition for Exemption filed on October 13, 2014, Docket No. FAA

- 2014

- 0895. Should you have any questions, or if you need any additional information to support the requested exemptions, please

do not hes itate to contact the undersigned.

M C K ENNA L ONG & A LDRIDGE LLP

/s / Matthew J. Clark Matthew J. Clark, Esq.

Mark E. McKinnon , Esq. Lisa M. Ellman, Esq.

Counsel for Aviation UNMANNEDU.S. Department of Transportation Docket No. FAA

- 2014

- 0895

February 13, 2015 Page 19

(The fol lowing attached items contain proprietary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq. , and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

Attachment A : Aviation UNM ANNED Standard Operating Procedures Manual

Attachment B : PrecisionHawk sUAS Flight Operations Manual

Attachment C : P recisionHawk Hawkeye Aircraft MK

- III sUAS Aircraft Flight Manual

Attachment D : Vanguard Defense Industries, LLC Technical Manual Operato r's Maintenance

Attachment E : Manual for ShadowHawk® Unmanned Aircraft System

Attachment F : ShadowHawk MK

- II Maintenance Schedule®