April 13 , 2015

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

Re: Petition of Aerodrone, LLC for an Exemption Pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012

To Whom it May Concern:

Pursuant to Section 333 of the FAA Moderni zation and Reform Act of 2012 (Reform Act ) and 14 C.F.R. Part 11, Aerodrone, LLC (Aerodrone ) hereby applies for an exemption from the Federal Aviation Regulations (FARs ) identified below to allow commercial operation of small

unmanned aerial vehicles ( i.e., s mall unmanned aircraft or UAS ) for aerial data collection.

In addition to this Petition for Exemption, Aerodrone will also submit the following supporting documents (hereinafter referred to as "operating documents"):

 Aerodrone UAS Operati ons Manual ;

 DJI Phantom 2 User Manual;

 DJI Pilot Training Guide ; and

 AMA National Model Aircraft Safety Code

Aerodrone submits these supporting materials as confidential documents pursuant to 14 C.F.R. § 11.35(b), as the materials contain confidential commercial and/or proprietary information that Aerodrone has not and will not share with others. Additionally, these documents contain operating conditions and procedures that are not generally available to the public and are protected

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

Atlanta

Brussels

Denver

Los Angeles

Miami

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

Orange County

Rancho Santa Fe

San Diego

San Francisco

Seoul

Washington, DC

Mark E. McKi nnon 703.336.8714
Matthew J. Clark

703.336.8714 Email Address mmckinnon@mckennalong.com mclark@mckennalong.comU.S. Department of Transportation

April 13, 2015 Page 2

For your convenience, this Petition is organized as follows:

I. Description of Petitioner

II. Description of Proposed Operation

III. Relevant Statutory Authority

IV

. Aerodrone's Proposed UAS Operation s Meet the Requirements of Section 333 of the

Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

B. Approval is Warranted Based on the Operational Restrictions in Aerodrone 's Operating Documen ts
V. Regulations From Which Exemption is Sought

A

. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

B

. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

C

. 61.113 , 61.101(e)(4) and (5): Private and Recreational Pilot Privileges and

Limitations

D

. 91.7(a): Civil Aircraft Airworthiness

E

. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

F

. 91.103: Preflight Action

G

. 91.109(a): Flight Instruction

H

. 91.119(b) and (c): Minimum Safe Altitudes

I

. 91.121: Altimeter Settings

J

. 91.151(a): Fuel Requirements for Flight in VFR Conditions

VI

. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. National Security

X. Federal Register Summary

XI. ConclusionU.S. Department of Transportation

April 13, 2015 Page 3

I. D ESCRIPTION OF P ETITIONER

Based on Orange County, Florida, Aerodrone was established in March, 2015 by Charles Hooper for the purpose of providing aerial dat a collection services Aerodrone seeks to leverage new UAS technologies to better serve its customers in a variety of industries that could benefit from

UAS

- assisted aerial data collection

.

The contact information for Petitioner is as follows:

Charles Hooper

, P resident Aerodrone, LLC

1444 Norfolk Avenue Winter Park, Florida 32789 Phone: (407) 610

- 9653

Email: chooper99@yahoo.com

II. D ESCRIPTION P ROPOSED O PERATION

Aerodrone seeks an exemption pursuant to Section 333 of the Reform Act to operate the DJI

Phantom 2 for aerial data collection purposes . The proposed operations in this Petition for Exemption are substantially similar to those contained in prior FAA Grants of Exemption, including:

 FalconSkyCam (Exemption No. 111 95),

 Singer's Creations (Exemption No. 11191),

 Capital Aerial Video, LLC (Exemption No. 11174), and

 Douglas Trudeau, Realtor (Exemption No. 11138).

As discussed in Section IV(B) below, all UAS operations will occur under tightly controlled

conditions o n private property where Aerodrone has received permission to operate from the landowner, controller or authorized representative. The UAS will be operated in accordance with the requirements contained in the accompanying Aerodrone operating documents, an d in accordance with the requirements of an applicable Certificate of Waiver or Authorization ("COA"). Among other things, and as detailed in the operating documents , all UAS operations will occur in uncontrolled airspace, within visual line

- of

- sight (VLO S ) of the pilot and visual observer, and will be limited to daytime VFR conditions. Moreover, Aerodrone 's operating documents incorporate redundant safeguards to assure that the aircraft does not travel outside the co ntrolled area of UAS operations.

III

. R ELEVANT S TATUTORY A UTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely accelerate the integration of civil u nmanned aircraft systems into the national airspace system."U.S. Department of Transportation

Apri l 13, 2015 Page 4

Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the NAS where it is safe to do so based on the following considerations:

 The UAS's size, weight, speed and operational capability;

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

 Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general author ity to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) ( permitting exemptions from §§ 44701(a), (b) and §§ 44702

– 44716, et seq. ). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would

pro vide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. A ERODRONE ' S P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF S ECTION 333

OF THE R EFORM A CT

Aerodrone 's proposed operations in this Petition for Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant

factors are satisfied.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

T he FAA has previously determined that a Grant of Exemption is appropriate for operations conducted using the DJI Phantom 2 (including the Vision and Vision+ models), due to their size, weight, speed, and operational capability. See e.g.,

 Exemption No. 1 1224 to NextEra Energy, Inc. (DJI Phantom 2 Vision+)

 Exemption No. 11230 to Montico, Inc. (DJI Phantom 2 Vision+)

 Exemption No. 11228 to Steven Zeets (DJI Phantom 2 and DJI Phantom 2 Vision+)

 Exemption No. 11218 to Saratoga Aerial Vehicle (DJI Phantom 2 Vi sion+)

 Exemption No. 11215 to Mike Johnson (DJI Phantom 2 Vision+)U.S. Department of Transportation

April 13, 2015 Page 5

Specifically, the FAA has found the following characteristics of the DJI Phantom 2 1 to warrant approval for a Grant of Exemption:

 The DJI Phantom 2 weighs less than 3 lbs (including the battery).

 Maximum flight speed for the DJI Phantom 2 Vision is 15 m/s (29 knots). 2

 The DJI Phantom 2 has the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an au to

- pilot system to maintain UAS stabili ty and control.

The UAS is also able to respond to a loss of GPS or a lost

- link event with a pre

- coordinated, predictable, automated flight maneuver

. These safety features provide an equivalent level of safety compared to a manned aircraft performing a sim ilar operation and mitigate the risk of

command and control link failures

. 3

 Altitude information will be generated by equipment onboard the UA as specified using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combinati on thereof. This information will be transmitted to the pilot via telemetric data feed.

 The radio frequencies used for operations and control of the UAS comply with the Fede ral Communications Commission (FCC ) and other appropriate government oversight age ncy requirements. The DJI Phantom 2 operates within the 2.4 GHz frequency band.

If the same proposed operations were conducted using a helicopter, the aircraft's take

- off weight would likely exceed 6,000 pounds. The difference in weight between the DJI Phantom 2 (which carries no passengers, crew, or flammable fuel), significantly reduces the potential harm to the participating and non

- participating individuals or property in the eve nt of an accident or incident.

B. Approval is Warranted Based on th e Operational Restrictions in Aerodrone's Operating Documents

Aerodrone's operating documents contain all the procedures and limitations necessary to safely and successfully perform the proposed operations . To assist the FAA in making a safety

asses sment of Aerodrone' s proposed operations, below is a summary of operational limitations and

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

1. Operations authorized by the grant of exemption will be limited to the DJI Phantom 2 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant.

1 Manufacturer specifications for the DJI Phantom 2 are located in Attachment A

.

2 Exemption No. 11195 to Falcon SkyCam at pg. 10.

3 Id. at pg. 3.U.S. Department of Transportation

April 13, 2015 Page 6

2. Operatio ns for the purpose of closed

- set motion picture and telev ision filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine

co mpliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds great er than the maximum UA operating airspeed recommended by the aircraft

manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above gro und level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within VLOS of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on

the PIC’s FAA

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

6. All operation s must utilize a visual observer (VO). The UA must be operated within the

VLOS of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC alwa ys maintains VLOS capability. The VO and PIC mus t 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 designati on for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in

accordance with the conditions and limitations stated in this grant of exemption, are

hereinafter referre d 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 limi tations in this exemption and the procedures outl ined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The op erator may update or revise its operating

document s. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present upd ated and revised documents if it petitions for ext ension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for a n amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

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

documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS opera tion a functional test flight prior to conducti ng further operations under this exemption. FunctionalU.S. Department of Transportation

April 13, 2015 Page 7

test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazar d to persons and property.

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

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

- flight i nspection and determine the UAS is in

a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operatio n of the UAS, the aircraft is prohibited from ope rating 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, inspe ction, and life limit requirements for the aircraf t and aircraft components.

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

bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercia l, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Fede ral gover nment. 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 abili ty to

s afely 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 fl ight ho urs and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

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

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

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.U.S. Department of Transportation

April 13, 2015 Page 8

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Fa cility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’ s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

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

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

determined location within the private or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All

o perations shall be conducted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot
be conducted under the terms of the attached COA.

22. All aircraft operated in accordanc e with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

- Number) markings

in accordan ce with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the

Ground Control St ation of the UAS any time the aircraft is operating. These documents must

be mad e available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at

all tim es.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All flight operations conducted closer to nonparticipating persons (persons other than the PIC or VO), vessels, vehicles, and structures

, than the minimum distance requirements of §U.S. Department of Transportation

April 13, 2015 Page 9

91.119 (b) 4 and (c) 5 , must be conducted using a tether. The operator mus t ensure that nonparticip ating persons remain at least 20 feet away from the maximum distance the UAS

can travel

. If a situation arises where nonpar ticipating persons comes with 20 feet from the maximum distance the UAS can travel, flight operations must cease immediately. 6 The PIC must make a safety assessment of the risk of operating closer to those objects and determine that it does not present an undue hazard.

27. All operations shall be conducted over private or controlled

- access property with permiss ion from the property owner/controller or authorized representative. Permissi on from property owner/controller or authorized representative will be obtained prior to the beginning of every flight.

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

- 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web

site: www.ntsb.gov

.

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authorit y, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, including UASs, from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. 7

Aerodro ne seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and 91 for purposes of conducting the requested operations using small UAS s, including:

4 (b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

5 (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated close r than 500 feet to any person, vessel, vehicle, or structure.

6 See discussion of tethered UAS operations in Section V(H), supra

.

7 See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sect ions 44701(a) and (b) and Sections 44702

- 44716).U.S. Department of Transportation

April 13, 2015 Page 10

FAR Description

91.9(c); 45.23(b) and 45.27(a) Aircraft Marking and Identificati on Requirements

91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) and (b) Maintenance and Inspection Requirements

61.113; 61.101(e)(4) and (5) Private and Recreational Pilot Privileges and Limitations

91.7(a) Civil Aircraft Airworthiness

9 1.9(b)(2); 91.203(a) and (b) Carrying Aircraft Flight Manual, Certification and Registration in

the Aircraft

91.103 Preflight Action

91.109(a) Flight Instruction

91.119 (b) Minimum Safe Altitudes

– Over Congested Areas

91.119(c) Minimum Safe Altitud es

- Over Other than Congested Areas

91.121 Altimeter Settings

91.151(a) Fuel Requirements for Flight in VFR Conditions

Listed below are the specific sections of 14 C.F.R. for which exemption is sought, and the operating procedures and safeguards th at Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought.

A

. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

Aerodrone seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, 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.U.S. Department of Transportation

April 13, 2015 Page 11

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restr icted 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, or pilot station, in letters not less than 2 inches

nor more than 6 inc hes high, the words "limited," "restricted," "light

- sport, "experimental," or "provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, 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 prior grants of exemption under Section 333 of the Reform Act , the FAA determined that exemption from these requirements was warranted provided that the aircraft "have identification (N

Number) m arkings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 8 All UA flown by Petitioner will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 9

B

. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

Petitioner seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. 10 An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS to be op erated under this grant of exemption will not have.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the operating documents and any required manufacturer Safety or

Service Bulletins . Further, as required by the operating documents, the PIC will conduct a pre

- 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 a ny conditions potentially affecting safe operation of the UAS and no flights will occur unless, and until, all flight critical components of the UAS have been found to be airworthy and in a condition safe for

8 FAA Docket No. FAA

- 2014

- 0352.

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

- 2014

- 0352, at 14.

10 See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspect ed as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter").U.S. Department of Transportation

April 13, 2015 Page 1 2

operation. A functional test flight will be con ducted following the replacement of any flight

- critical components. As required by the operating documents, the PIC who conducts the functional test flight will make an entry in the UAS aircraft records of the flight.

The operating documents also includ es requirements to follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. Moreover , the operating documents also include procedures to document and

maintain a re cord of the UAS maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in service of Petitioner's UASs . As a whole, the maintenance and inspection procedures required by Petitioner's operati ng documents ensure that an equivalent or higher level of safety will be achieved.

C

. 61.113 , 61.101(e)(4) and (5) : Private and Recreational Pilot Privileges and

Limitations

Aerodrone seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. 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 opera ting, as well as requiring certifications if the private pilot is carrying passengers or cargo for hir e. In this case, while the UAS will be operated as part of a commercial operation, it carries neither passengers nor cargo.

In the FAA's Section 333 G rant of Exemption to Astraeus Aerial 11 , 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 c erti ficate

and third class medical 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.

More recently , the FAA determined that holders of recreational and sport pilot certificates would also have adequate aeronautical knowledge to pilot a UAS. Accordingly, because these individuals would also be subject to security screening by the Depart ment of Homeland Security (DHS ), the FAA determined that holders of recreational and sport pilot certificates would be qualified to serve as the PIC for UAS operations. 12

The restrictions Petitioner has placed on its UAS operations meet or exceed the restrictions

simil arly imposed on Astraeus Aerial and other operators in more recently granted exemptions under

Section 333 of the FAA Reform Act. Aerodrone will operate on private property away from persons and property not involved in the operation. Aerodrone will also require all PICs to be thoroughly

11 Grant of Exemption No. 11062 (FAA Docket No. FAA

- 2014

- 0352).

12 See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA

- 2014

- 0642 at pgs.

8

- 9).U.S. Department of Transportation

April 13, 2015 Page 13

trained in the unique aspects of UAS flight. As set forth in the operating documents, pilots will have experience not only in UAS operations generally but have logged flight time in the specific make

and model used for th e operations before they are permitted to participate in commercial flights on

behalf of Aerodrone . The pilot qualification, training, and currency requirements in the operating documents ensure that Petitioner's pilots are competent and proficient in the UAS they are operating. The Petitioner's training and qualification requirements are consistent with those contained in prior FAA issued grants of exemption , and will provide a higher level of competency and proficiency for its pilots and will ensure at least an equivalent level of safety.

D

. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UASs, Aerodrone seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition to be operated. While the petitioner’s UASs will not have an airworthiness certificate, the FAA has determined that for the purposes of this exemption the pilot may determine the aircraft is in an airworthy condition prior to flight. The operating documents contain procedures which allow the PIC to determine whether the aircraft is in a condition safe for flight, and an exemption from § 91.7(a) is therefore warranted.

E

. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry

airworthiness documents and other aircraft manuals onboard the aircraft.

Pursuant to 14 C. F.R. § 91.9(b)(2):

(b) No person may operate a U.S.

- registered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or

Rotorc raft Flight Manual, approved manual material, markings, and placards, or any

combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.U.S. Department of Transportation

April 13, 2015 Page 14

Given the small size and configuration of the UASs, it would be impossible to keep airworthiness documents and other aircraft manuals on board the UAS because there is simply no

room a nd the UAS has no cabin or cockpit.

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 manual, registration certificate, and other required documents from the ground control station from which he or she is operating the aircraft. 13 As this FAA Office of Chief Counsel Opinion clarifies, th e 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 ground

control station from which he or sh e is piloting the UAS. 14

F

. 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the FAA

approved Fl ight 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.

Adherence to the requirements in the ope rating documents will ensure that the UAS is in an airworthy condition prior to flight. The PIC will perform a series of checklists designed to identify any defects or inoperable components, which cover pre

- flight, take

- off, landing and post

- flight proced ures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoff distance, UA performance data, and contingency landing areas

— before initiation of flight. Petitioner's operating documents will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS.

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

FAA

- 2014

- 0352 at 16

- 18.

14 See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11:

The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight manual, marking, and placard requirements and § 91.203(a) and (b): Civil aircraft: Certification s required. The FAA has previously determined that relief from these sections is not necessary. See Exemption No. 11062. Relevant materials may be kept in a location accessible to the PIC in compliance with the regulations.U.S. Department of Transportation

April 13, 2015 Page 15

G

. 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that "[n]o person may operate a civ il aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls." UASs and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight con trol is accomplished through the use of a device that communicates with the aircraft via radio communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Give n the size and speed of the U AS that Petitioner intends to use, an equivalent level of safe training can still be achieved without dual controls because no pilot or passengers are aboard the UAS, and as required by the operating documents, all persons will be a safe distance away in t he event that the UAS experiences any difficulties during flight instruction. Moreover, all flight training will be conducted in controlled and sterile environment. As a whole, the procedures provided for in the operating documents ensure that UAS flight instruction can be performed safely.

H

. 91.119(b) and (c): Minimum Safe Altitudes

Petitioner requests an exemption from the minimum safe altitude requirements of 14 C.F.R. §

91.119 (b) and 91.119(c), which state:

Except when necessary for takeoff or landi ng, no person may operate an aircraft below the following altitudes:

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest

obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to a ny person, vessel, vehicle, or structure.

As set forth in the attached operating documents, Aerodrone has established a set of procedures that adequately mitigate any risk from operating its UAS under tightly controlled

conditions that warrant a deviatio n from the minimum distances set forth in these sections. Accordingly, Aerodrone requests an exemption from this section of the FARs.

In particular, Aerodrone requests that the minimum distance requirements of 2000' under subsection (b) and 500' under subsection (c) be lowered. At any time the UAS needs to be flown closer than these distances to a structure or obstacle that is not the subject of the flight, then

Aerodrone will conduct the operation using a tether. As set forth in the operating documen ts, the flight location will be surveyed before flight, and the distance between the center of the operation ( i.e. tether point) and all obstacles will be determined. The aircraft will be securely tethered at a point whereb y the length of the tether is 2 0 ' shorter than the distance from the tether point to the closest obstacle. In this way, at no time will the UAS be capable of contacting the obstacle. InU.S. Department of Transportation

April 13, 2015 Page 16

addition, a perimeter security will be set up to ensure that no persons can enter closer than 20 ' f rom the maximum distance the UAS can travel. This method will provide a superior method of safety beyond the arbitrary restriction of 500' and 2000' that was designed to ensure the safe operation of helicopters and conventional aircraft.

In making this request, P etitioner is cognizant of the Opinions issued by the FAA Chief Counsel's Office addressing the question of what constitutes a "congested area" as that term is used in the FARs. The determination of whether an area is "congested" rests on charac teristics of the area, the presence of persons unassociated with the flight operation, and the characteristics of the

aircraft. See Memorandum from Rebecca MacPherson, Assistant Chief Counsel for Regulations to James Gardner, Manager, Flight Standards Div ision (June 18, 2012). For example, in that memorandum, an inquiry was made whether a helicopter could be used for a large external lift operation at an industrial site. The proposed operation would be conducted at the factory, which normally has a large number of persons, as well as over an open field, a parking lot, and over a "busy road" surrounding the factory. The operator asked whether it would be permissible to operate at these locations if they could be turned into "depopulated" areas. The FAA C hief Counsel's Office indicated that this could be done, so long as precautions were in place to remove the population from the area and prevent persons from approaching while it was being conducted.

In summary, the fact that the UAS weighs less than 3 l bs (with payload), will be operating within VLOS of a PIC and VO, at an airspeed of 87 knots or less with no flammable fuel onboard, and the standoff requirements for both participating and nonparticipating persons and property in the operating documents, will ensure the protection of persons and property on the ground

— which has been the purpose of the minimum safe altitudes rule in §91.119 since its inception.

I

. 91.121: Altimeter Settings

To the extent necessary for Aerodrone to conduct the proposed op erations, Petitioner requests 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.

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 below 400 feet AGL or below, (2) within VLOS, (3) where GPS based altitude in formation 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 to confirm accuracy of the onboard GPS. 15

The UAS that Petitioner intends to use for performing the proposed operations meet all these operational characteristics. Moreover, the operating documents require the PIC to calibrate the aircraft's GPS compass prior to each flight operation. As the FAA has determined in circumstance s similar to this Petition for Exemption, Petitioner's UAS and the safety mitigation procedures

15 See Grant of Exemption No. 11 062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).U.S. Department of Transportation

April 13, 2015 Page 17

contained in the operating documents, ensure that an equivalent level of safety will be achieved, and a grant of exemption to the requirements of § 191.121 is t herefore appropriate.

J

. 91.151(a): Fuel Requ irements for Flight in VFR Conditions

Aerodrone requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in

VFR conditions. Section 91.151 states:

(a) No person may begin a flight in a n airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

–

(1) During the day, to fly after that for at least 30 minut es; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30

- minute battery reserve. An exemption from

th e fuel requirements of 14 C.F.R. § 91.151(a) is therefore required.

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for flight in daytime VFR conditions in circumstances similar to those presented in this Petition for Exem ption. 16
In Exemption No. 11213 to Aeryon Labs, Inc. 17 , the FAA determined that a requirement prohibiting

the PIC from beginning a UAS flight unless (considering wind and forec ast weather conditions)

there was enough available power for UAS to operate for t he intended operational time and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater, would ensure an equivalent level of safety to the fuel requirements of § 91.151(a)

. 18 Petitioner's operat ing documents impose this same requirement and an exemption from § 91.151(a)'s fuel requirements for flight in VFR conditions is therefore appropriate

.

VI. D RUG AND A LCOHOL P ROGRAM

Aerodrone will have policies in place to ensure that no person may parti cipate in UAS flight operations if they are under the influence of alcohol or any drug.

16 See e.g., Exemption Nos. 8811, 10808, and 10673

.

17 Docket No. FAA

- 2014

- 0642.

18 Exemption No. 11213 at pg. 12.U.S. Department of Transportation

April 13, 2015 Page 18

VII. P UBLIC I NTEREST

The public interest will be served by granting Aerodrone 's Petition for Exemption. Congress has established a national policy that favors earl y integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act

— the

FAA Administr ator's assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily required rulemaking.

More importantly however, and as recognized by the FAA in prior Grants of Exemption allowing commercial operation of UAS for the same purposes described in this Petition for Exemption, granting the requested exemptions will significantly improve safety and reduce risk by alleviating the public's exposure to danger and emissions associated with manned aircraft performing

similar aerial data collection

. 19 The DJI Phantom 2 is battery powered and create s no emissions. Moreover, in the unlikely event that one of Petitioner's UASs crash, there is no fuel to ignite and explode. Any accident involvi ng Petitioner's lightweight UAS wil l present significantly less danger to the pilot and other individuals on the ground than one involving a full size aircraft.

VIII. P RIVACY

All Aerodrone UAS operations will be conducted in accordance with applicable federal, state, or local laws rega rding privacy. All operations will be conducted over Aerodrone property or private 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.

IX. N ATIONAL S ECURITY

No national security issue is presented by the requested exemptions. Given that the UAS is exceedingly small and lightweight, has lost

- link and return

- to

- home capabilities, will operate at very low speeds, have extremely low payload capacities and carry no flammable, explosive or otherwise dangerous materials, the operations pose no threat to national security.

X. F EDERAL R EGISTER S UMMARY

Pursuant to 14 C.F.R. Part 11, the follow ing summary is provided for publication in the

F EDERAL R EGISTER , should it be determined that publication is needed:

19 See e.g., Grant of Exemption No. 11195 to FalconSkyCam; Grant of Exemption No. 11191 to Singer 's Creations; Grant of Exemption No. 11174 to Capital Aerial Video, LLC; Grant of Exemption No. 11138 to Douglas Trudeau, Realtor.U.S. Department of Transportation

April 13, 2015 Page 19

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:

45.23(b); 45.27(a); 61.113; 61.101( e)(4) and (5); 91.7(a); 91.9(b)(2); 91.9(c); 91.10 3; 91.109(a); 91.119(b) and (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 genera l public and property owners from the substantial hazards associated with using conventional fixed

- wing aircraft or
, rotorcraft for aerial data collection.

XI. C ONCLUSION

Aerodrone's 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 operations in this Petition for Exemption are similar to those in previously issued grants of exemptions , and they would benefit the public as a whole by improving safety. In consideration of the foregoing, this Petition for Exemption provides the FAA with all the necessary justification for granting the requested exemptions allow ing Aerodrone to operate small UASs to perform aerial data collection.

We thank you for your prompt consideration of our requested exemptions. Should you have any questions, or if you need additional information to support the requested exemptions, pleas e do not hesitate to contact the undersigned.

Very truly yours,

Matthew J. Clark

Mark E. McKinnon

Counsel for Aerodrone, LLC

AttachmentsU.S. Department of Transportation

April 13, 2015 Page 20

ATTACHMENT A : DJI PHANTOM 2 SPECIFICATIONSU.S. Department of Transportation

April 13, 2015 Page 21

[THIS PAGE IS LEFT INTENTIONALLY BLANK]U.S. Department of Transportation

April 13, 2015 Page 22

(The following 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)).

Attachments:

Aerodrone UAS Operations Manual

DJI Phantom 2 User's Manual

DJI Pilot Training Guide

AMA National Model Aircraft Safety Code