Jonathan TL Pang

Locations LLC
614 Kapahulu Avenue

Honolulu, HI 96815

August 24, 2015

U.S. Department of Transportation, Docket Operations

West Bu ilding Ground Floor, Room W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590

Attn:

R e : P e tition of Utility A e rial S e rvi ce s
, In c

. for Ex e mption Pur s uant to S ec tion

333 of th e F A A R e form A c t

To Whom It May Concern :

P u r suant to S ec t i on 333 of the F A A Mod e rni z a t i on a nd Re f o r m A c t of 20 1 2 ( " R e fo r m A c t " ) a nd 14 C. F .R. P a rt 11, Uti l i t y A e ri a l S e rv i c e s
, I n c

. ( " P e t i t i on e r"), a n ae ri a l photography

s e rvi c e c ompa n y that p e r fo r ms real estate related insp ec t i ons a nd pictures

, h e r e b y a ppl i e s for a n

e x e mp t ion f

r om Fe d e r a l Aviation R e g ulations ( " F ARs " ) identified b e low, to a l l ow c om m e r c ial

op e r a t i on of small unm a nn e d ae r i a l vehi c les ( 

### i

. e

. , small unmann e d a ir c r a ft s y stems or " sU A S " )

.

The specific section or sections of 14 CFR from which you seek an exemption;

A . 14 C.F.R. Part 21, Subpart H

- Airworthiness Certificates & 14 C.F.R. § 91.203(a)(1).

B . 14 C.F.R. Part 27: Airwor thiness Standards: Normal Category Rotorcraft.

C . Aircraft Marking and Identification Requirements: 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

D . 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in

Command

. E . 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft.

F . 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.Page 2 of 10

G . 14 C.F.R. § 91.103: Preflight Action.

H . 14 C.F.R. § 91.109(a): Flight Instruction.

I . 14 C.F.R. § 91.119: Minimum Safe Altitudes.

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

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

L . 14 C.F.R. § 91.203 (a) & (b): Carrying Civil Air craft Certification and Registration.

M . 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b): Maintenance Inspections.

The extent of relief you seek and the reason you seek the relief;

A. 14 C.F.R. Part 21, Subpart H Airworthi ness Certificates & 14 C.F.R. §

91.203(a)(1).

This petition seeks an exemption from 14 C.F.R. Part 2 1, Subpart H, which establishes the procedural requirements for the issuance of airworthiness certificates as required by 14 C.F.R. §91.203(a)(1). Given the size and limited operating area associated with the sUAS to be utilized by the Petitioner, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act.

The Federal Aviation A ct (49 U.S.C.§ 44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports

and populated areas of the particular UAS.

In all cases, an analysis of these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safe r, than a conventional rotorcraft operating with an airworthiness certificate without the restrictions and conditions of the proposed sUAS operations.

Equivalent L evel of Safety

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carri es neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area. Unlike other civil aircraft, the proposed operations in this petition for exemption will be controlled and monitored by the operator, pursuant to the Manual's requirements. Moreover, the FAA will have advance notice of all operations conducted under this exemption.

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

nor pass enger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area. Unlike other civil aircraft, the proposed operations in this petition forPage 3 of 10

exemption will be controlled and monitored by the operator, pursuant to the Manual's requirements.

These safety enhancements, which already apply to civil aircraft operated in connection with existing inspection operations, provide a greater degree of safety to the public and property owners than conventional operations co nducted with airworthiness certificates issued under 14

C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operation,

locat ion of operation, lack of explosive materials or flammable liquid fuels, and inability to carry

a substantial external load.

B . 14 C . F . R . Pa r t 27: A i r wor thiness Standa rds: Nor mal Category Rotor c r aft.

14 C.F.R. Part 27 sets f

orth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent the Petitioner's sUASs would otherwise require certification under Part 27, as a rotorcraft, Petitioner UHTXHVWV DQ H[HPSWLRQ IURP 3DUW 27¶V airwo rthiness standards for the same reasons identified in the exemption request from 14 C.F.R. Part 21, Subpart H.

C . Aircraft Marking and Identification Requir eme nts: 14 C . F . R . §§ 91.9(c), 45.23(b) and 45.27(a).

This petition see ks an exemption from the aircraft marking and identification requirements of 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.

- reg istered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter.

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, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters
not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

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

14 C.F.R. § 45.27(a), Rotorcraft, states:
Each operator of a rotorcraft must display on that rotorcraft horizontally on

both surfac es of the cabin, fuselage, boom, or tail the marks required by §45.23.

Exemption from § 45.23(b) is warranted because the sUAV has no entrance to the cabin, cockpit, or pilot station on which the word "Experimental" can be placed. Moreover, given thePage 4 of 10

size of the sUAV, two

- inch lettering would be impossible. The word "Experimental" will be placed on the fuselage in compliance with § 45.29(f).

Given the nature of the specific relief sought by this exemption request, Petitioner requires

relief from the assoc iated marking and identification requirements of § 45.27(a) and § 91.9(c), which would require compliance with § 45.23(b).

Equivalent L evel of Safety

An equivalent level of safety for exemptions to the aircraft marking and identification requirements o f §§ 91.9(c), 45.23(b) and 45.27(a), will be provided by having the sUAV marked on its fuselage as required by §45.29(f) where the pilot, observer, and others working with the sUAV will see the identification of the UAS as "Experimental." Additionally,

Pet itioner will ensure compliance with any requests of sUAS marking by the FAA.

The FAA has issued the following exemptions to the aircraft marking requirements of § 45.23(b): Exemptions Nos. 10700, 8738, 10167 and 10167A.

D . 14 C. F

. R . § 61.11 3 (a) & (b): P ri vate Pilot Privileges and Limitations: Pilot in C ommand.

This petition seeks an exemption from the private pilot privileges and limitations of § 61.113 (a) & (b), which states:

Private Pilot Privileges and Limitations: Pilot in Comm and.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, fo r compensation or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or

hire. Section 61.113(a) limits private pilots to being in command of non

- commercial flights. Section 61.113(b)(1) provides an exception that allows a private pilo t to command an aircraft without passengers or property, in connection with business or employment if "[t]the flight is only incidental to that business or employment." That excepti on likely does not apply to the proposed operations under this petition for exemption, as the fl ights are not incidental to the proposed aerial surveys and inspections but rather essential to it. Accordingly, this petition seeks an exemption to § 61.113(a)'s commercial limitation and/or § 61.113(b)(1)'s requirement that the fligh t be incidental to the business to benefit from the exception.

Equivalent Level of Safety

As required by the Manual, Petitioner's sUAS oper ators acting as PIC will hold a commercial and/or private pilot certification and have a rotorcraft rating. Because t he sUAS will not carry aPage 5 of 10

pilot or passengers, the proposed operations can achieve the equivalent level of safety to § 61.113 (a) and (b), by requiring the PIC oper ating the sUAS to have either a commercial and/or private pilot certification with rotorcraft rating.

Unlike a conventional aircraft that carries the pilot and p assengers, the sUAS is remotely controlled with no living thing on board. Moreover, the area of operation is controlled and restricted, and all flights are planned and coordinated in advan ce as set forth in the Manual. The level of safety provided by the requirements incl uded in the Manual exceeds that provided by a single individual holding a commercial pilot's certi ficate operating a conventional aircraft in accordance with § 61.113 (a) & (b). The risks associat ed with the operation of small, lightweight

UAS are diminished from the level of risk associ ated with commercial operations contemplated by Part 61 when drafted, that allowing the proposed operations in this petition for exemption

w ith a private pilot as the PIC exceeds the presen t level of safety achieved by § 61.113 (a) & (b). E. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft. This petition seeks an exemption from the flight manual requirements of 14 C.F.R. § 91.9(b)(2), which states:

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

- registered civil aircraft

(2) For which an Airplane or Rotorcraft F light Manual is not required by §21.5 of this chapter,

unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

Given its size, configuration, and load capacity, the sUAS has no ability to carry such a manual on the aircraft, not only because there is no pilot on board, but because there is simply no room or capacity to carry such an item on the aircraft.

Equivalent Level of Safety

The safety related purpose of this manual requirem ent can be equally satisfied by maintaining the sUAS flight manual at the ground cont rol point where the pilot flying the sUAS will have immediate access to it. Accordingly, Petition er requests an exemption f rom § 91.9(b)(2)'s flight manual requirements, on the condition that the sUAS flight manual be available at the control point during each operation.

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

This petition 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. Inasmuch there will be no airworthiness certificate issued for the sUAS, should this exemption be granted, no FAA regulatory standard

will exist for determining airworthiness.

Equivalent Level of SafetyPage 6 of 10

Utility Aerial Services pilots that will be flying the sUA S have over 12,000 flight hours and a stellar safety record. Given the size of the sUAS and the requirements contained in the

Manual for maintenance and use of safety checklists prior to each flight, an equivalent level of safety will be provided.

The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 106 02, 32827, and 10700. G. 14 C.F.R. § 91.103: Preflight Action.

This petition seeks an exemption from § 91.103, which re quires a PIC to become familiar with specific information before each flight, including informati on contained in the FAA approved Flight M anual on board the aircraft. Inasmuch as an FAA approved flight manual will not be provided for the sUAS, an exemption will be needed. Equivalent L evel of Safety

An equivalent level of safety will be provided by following the Aircraft Operations Manual

c omprehensive preflight checklist. The PIC will take all actions, including reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft performance data, before initiation of flight.

H

. 14 C . F . R . § 91.109(a): F light Inst r uction.

This petition seeks an exemption from 14 C.F.R. § 91.109(a), which provides that (n)o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functi oning dual controls. ́ sUASs and remotely piloted aircraft, by their design do not have fully functional dual controls. Instead, flight control is accomplished through the use of a control box that communicates with the sUAS via radio

communications.

E qui valent L evel of Safety

Given the size and speed of the sUAS, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the sUAS, and all persons will be a safe distance away should the sUA S experience any difficulties during flight

instruction.

The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 98 62A.

I . 14 C . F . R . § 91.119: Mi n imum Safe A ltitudes.

This petition seeks an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which aircraft

may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in non

- congested areas. See 14 C.F.R. § 91.119(c). Section § 91.119(d)(1)Page 7 of 10

allows for a helicopter to operate at less than those minimum altitudes when it can be operated “without hazard to persons or property on the surface,” Provided that “each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the

FAA.

To provide the intended inspections, the sUAS will normally need to be operated within a range of approximately 50 feet from the utility

- power generation line being inspected. Accordingly, due to the nature of the proposed operations, the PIC and the designated spotter may at times be less than 500 feet away from structures during the operation, and an exemption is therefore required.

E qui valent L evel of Safety
Compared to flight operations with rotorcraft weighting far more than the maximum 55 lbs. proposed herein, and the lack of flammable fu el, any risk associated with these operations is far less than those presently presented with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. As se t forth in the Manual, the sUAS will be operated in a restricted area, where buildings and people will not be exposed to operations without their pre

- obtained consent.16 No flight will be taken without the permission of the property owner and/or local off icials. Because of the advance notice to the property owner and participants, all affected individuals will be aware of the planned flight operations as set forth in the Manual. Furthermore, by operating at such lower altitudes, the sUAS will not interfere with other aircraft that are subject to the minimum safe altitude regulations.

J. 14 C . F . R . § 91.121 Altimete r Settings.

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating

an aircraft to maintain c ruising 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 because the sUAS does not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent L evel of Safety

The operator will confirm the altitude of the launch site shown on the GPS altitude indicator before flight. Moreover, the PIC will use the GPS altitude indicator to constantly monitor the sUASs height, thus ensuring operatio n at safe altitudes.

K . 14 C . F . R . § 91.151(a): Fuel Requi r ements for F light in V F R C onditions.

This petition seeks 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 an 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 speed2
(1) During the day, to fly a fter that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.Page 8 of 10

The battery powering the sUAS provides approximately 25 minutes of powered flight. An exemption from the 30 minute reserve requirement in 14 CFR §91.151 is ther efore required.

Equivalent Level of Safety

An equivalent level of safety can be achieved by limiting flights to 25 minutes or 25% of battery power, whichever happens first. This restriction would be more than adequate to return the sUAS to its planned la nding zone from anywhere within its limited operating area. Operation of the sUAS with less than 30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS.

More over, operation will be limited to controlled areas where only people and property owners, or official representatives who have signed waivers will be allowed.18

This request for exemption falls within the scope of prior exemptions. See e.g. Exemption

106 73 (allowing Lockheed Martin Corporation to operate without compliance with § 91.151 (a)); see also Exemptions 2689F, 5745, 10673, and 10808.

L . 14 C

. F.R . § 91.203 (a) & (b): Carrying Civil A i r c r aft Certification and Regis tr ation.

Thi s petition seeks an exemption from civil aircraft certification and registration requirements of 14 C.F.R. § 91.203 (a) and (b). The regulation provides in pertinent

part:

(a) Except as provided in §91.715, no person may operate a civil aircraft unless i t 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 un der §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

In addition to the fact that Petitioner is seeking an exemption from the airworthiness certificate requirements, an exemption to this regulation is nece ssary because (1) the sUAS’s load capacity and size does not allow it to carry certification and registration documents; (2) the sUAS does not have a cabin or cockpit entrance at which the documents could be displayed;

a nd (3) there are no passengers or cr ew for whom the certificates need be displayed. Equivalent Level of Safety

To the extent these regulations are applicable to the proposed sUAS operations, an equivalent level of safety will be achieved by keeping these documents at the ground control poin t where the pilot flying the sUAS will have immediate access to them.

The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and

10700.Page 9 of 10

M . 14 C.F.R . §§ 91.405(a); 91.407(a)(1); 9 1.409(a)(2); 91.417 (a) & (b): Maintenance Inspections.

This petition seeks an exemption from the maintenance inspection requirements of 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. An exemption to these regulations is needed because Part 43 and these sections apply only to aircraft with an airworthiness certificate, which the sU AS will not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the Aircraft Operations. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed.

The operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

If mechanical issues arise, the UAS can land immediately and will be operating from no higher than 400 feet AGL. Moreover, the UAS's small size, carrying capacity, and the fact that flight operations will only take place in restricted areas for limited periods of time, create less risk

than the same factors associated with conventional fixed

- wing aircraft and rotorcraft performing the same operati on.

How your request would benefit the public as a whole;

Approval of exemptions allowing commercial operations of small and lightweight sUAS in the utility aerial services industry benefits the public as a whole in numerous ways. It will benefit the public by alleviating human exposure to danger associated with aerial photography (example,

full sized he licopter photography sessions). By using a sUAS, the user reduces the danger of taking pictures at low altitudes while inside a helicopter and reduces exposure to serious injury or death. These sUAS also are battery powered and will create no emissions. Sh ould the sUAS ever crash, there is no fuel to cause an explosion or explode. This helps minimize ecological impact of accidents and exposing the general public to harmful emissions that are associated with manned aircrafts. Lastly, aerial photography is a useful tool to obtain a different perspective of a certain property and see the relevance and surrounding area. By using aerial photography, you are easily able to inspect a roof or rooftop appliances without having to climb or ascend dangerous areas and a ltitudes that are not recommended due to public safety. The public will greatly benefit from safe cost

- effective services that sUAS can provide.

Reasons why the exemption would not adversely affect safety or how the exemption would provide a level of saf

ety at least equal to the existing rule;

Please see above areas noted under each section as “ Equivalent Level of Safety

. ”Page 10 of 10

A summary we can publish in the Federal Register Federal Register

— The daily Federal Register contains four categories of documents: regulations (rules), proposed rules, notices, and Presidential documents. Rules pu blished in the Federal Register keep the CFR current. Proposed rules solicit public comment on an agency's rules and encourage public participation in the rulemaking process. Notices provide information of interest to the public. stating

—

 The rule Rule

— A regulation written by the FAA to enact a statute. The FAA may grant an exemption from a rule, but not from a statute. from which you seek the exemption; and

 A brief description of the exemption you seek;

Any additional information, views, or arguments ava ilable to support your request; and

If you want to exercise the privileges of your exemption outside the United Sta tes, you must state
the reason.

N A. No other areas outside the United States are being requested at this time.

If additional information is required, or if you have any additional questions regarding this Petition for Exemption, please contact Jonathan Pang at:

Jonathan TL Pang

Phone: (808) 753

- 7048

Email: jonathan.pang@locationshawaii.com