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Anthony J. Pucciarella

ALARIS

PO Box 1835

Lusby, MD 20657

240.538.8444

Tony@TeamAlaris.com

14 April 2015

United States Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12-140

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations from 14 CFR Part 21; 14 CFR 45.23(b); 14 CFR 61.101(e); 61.113 (a) & (b); 91.7 (a);

91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405 (a); 91.407(a)

(1); 91.409 (a) (2); 91.417 (a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) 

and 14 C.F.R. Part 11, UAV Solutions Inc. (UAVS) hereby applies for an exemption from the 

listed Federal Aviation Regulations (FARs) to allow commercial operation of its Phoenix 30 Small 

Unmanned Aircraft System (UAS) to conduct aerial data collection, provided such operations 

are conducted within the conditions outlined in this exemption request or as established by the 

FAA. The requested operations will occur at or below 200 feet AGL. Based on similar previously 

approved exemptions, the applicant believes this exemption can be approved using the 

summary grant process.

UAVS was formed in 2006 to research, design and manufacture unmanned systems. The 

Maryland-based company is ISO 9001:2008 certified for the design, manufacture, and sale of 

UAS. As described in the following paragraphs, an approved exemption would permit 

operations of the UAV Solutions Phoenix 30 multi-rotor UAS under controlled conditions in 

limited airspace with the approval of cooperating property owners. These operations would

provide improved safety over the existing means of obtaining the same data with larger 

manned systems.

The name and contact information for the applicant is:

Name: UAV Solutions, Inc.

Attn: William Davidson

Phone: 240-456-0195
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Address: 8280 Patuxent Range Road, Suite E

Jessup MD 20794

Regulations from which exemption is requested:

14 CFR Part 21

14 CFR. 45.23(b)

14 CFR 61.101 (e) and 61.113 (a) & (b)

14 CFR. 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR. 91.103

14 CFR. 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)

The UAVS system for this exemption is the Phoenix 30 multi-rotor UAS (see attached 

Operations and Maintenance manual for more detailed specifications and procedures). The 

Phoenix 30 Air Vehicle weighs 10 pounds fully loaded – considerably less than the 55 pound

requirement that defines small UAS. UAVS will operate the Phoenix UAS within Visual Line of 

Sight (VLOS) of the Pilot and Visual Observer. The UAS will operate at speeds less than 87 knots 

and have the ability to hover. Area of operations will be over private property with owner 

permission or public property with permission from the appropriate officials. UAVS operations 

will not create a hazard to users of the national airspace system or the public.

Utilization of the Phoenix 30 UAS is of public interest and safety. The Phoenix 30 UAS is less 

intrusive than manned helicopters and has less of an impact on the environment. The Phoenix 

30 UAS is battery powered and energy friendly. The system takes off vertically from the 

operation area which minimizes transit times as well as the possibility of encounters with 

manned aircraft.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

UAVS proposes that the requested exemption apply to civil aircraft that have the characteristics 

and operational limitations listed herein. These limitations provide for at least an equivalent or 

higher level of safety to operations conducted under existing regulations using larger manned 

aircraft. 
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The limitations and conditions to which UAVS agrees to be bound when conducting commercial 

operations under an FAA issued exemption include: 

1. The Phoenix 30 Air Vehicle will weigh less than 55 lbs.

2. All flights will be conducted within VLOS of the Pilot and Visual Observer in day Visual 

Meteorological Conditions (VMC).

3. Maximum flight time for each flight will be 30 minutes. Flights will be terminated at 20% 

battery power remaining should this condition occur prior to the 30 minute limit. 

4. Flights will be operated at or below 200 feet AGL.

5. The speed of the UAS will not exceed 87 KTS (100 MPH).

6. Minimum crew for each operation is a Pilot and Visual Observer.

7. UAS Pilot will be an FAA licensed airman with at least a recreational pilot certificate 

issued by the FAA.

8. UAS Pilot and Visual Observer will hold a valid and current US driver’s license.

9. UAS Pilot will be Pilot in Command (PIC).

10. Flights will only occur over private property with owner approval or public property with 

permission from the appropriate officials (all required permissions and permits will be 

obtained from territorial, state, county or city jurisdictions, including local law 

enforcement, fire, or other appropriate governmental agencies).

11. Flight operations will not occur within 500 feet of personnel in the designated area that 

are not part of the specific operation.

12. PIC will brief all involved personnel on flight operations and applicable safety 

procedures prior to flight operations. A single brief will suffice for multiple flights unless 

there are personnel or operational changes.

13. The PIC (or designated representative) will file FAA form7711-1 with the appropriate

Flight Standards District Office (FSDO). Since operations will be conducted at or below 

200’ AGL, a “blanket COA” is requested. 

14. UAVS will submit a written Plan of Activities to the appropriate FSDO three days prior to 

planned operations.

15. Pilot and Visual Observer will have been trained in UAS operations as described in 

Chapter 8 of the attached Operations and Maintenance Manual. 

16. PIC and safety observer will be able to ‘verbally’ communicate at all times by voice.

17. In case of “loss of communication” or “loss of GPS”, the Phoenix UAS will have the 

capability to return to a pre-determined point within the prescribed area of operations 

and land.

18. In case of “flight emergency” or unpredicted obstacles, the Pilot of the Phoenix UAS will 

have the capability to abort the flight. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203 (a) (1).
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The Phoenix 30 Air Vehicle weighs 10 pounds fully loaded and carries no pilot or 

passenger, explosive material or flammable liquid fuels. Operations under this 

requested exemption will be conducted in designated areas with property owner

approval. UAVS operations will be as safe, or safer, than a conventional aircraft 

operating with an airworthiness certificate. UAVS will follow the Phoenix 30 Operational 

and Maintenance manual requirements and comply with all safety requirements.

14 C.F.R. § 45.23 (b). Marking of the Aircraft

The regulation requires: 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.

Given the size of the Phoenix 30 Air Vehicle, an exemption from this rule is requested 

since marking the Air Vehicle with two-inch lettering is not possible. The word 

“Experimental” will be placed on the fuselage in compliance with §45.29 (f). This will 

provide an equivalent level of safety where the PIC and Visual Observer, as well as 

others working with the UAS will see the “Experimental” identification. 

14 C.F.R. § 61.101 (e) and 61.113 (a) & (b): Recreational and Private Pilot Privileges and 

Limitations: Pilot in Command

Sections 61.101 (e) and 61.113 (a) & (b) limit Recreational and Private pilots to non-commercial 

operations.

Since the UAS is not capable of carrying a pilot or passengers, UAVS operations provide 

an equivalent level of safety by requiring the PIC to have a Recreational Pilot’s 

certificate. The level of safety provided by the requirements included in the UAVS 

Maintenance and Operations manuals meet or exceed that provided by a single 

individual holding a commercial pilot’s certificate operating a conventional aircraft. Due 

to preplanning, required training, and reduced complexity of operations, a recreational 

pilot with a valid US driver’s license will be able to accomplish all operations with an 

equivalent level of safety.

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

The regulation states that no person may operate a civil aircraft unless it is in airworthy 

condition.

UAV Solutions is requesting exemption from this requirement since there would be no 

airworthiness certificate issued for the UAS. If exemption from §91.203 (a) (1) is 

granted, there will be no airworthiness certificate issued for the UAS which means there 

will be no standard for determining if the UAS is in airworthy condition. Given the size of 
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the aircraft, area of operations, and the detailed set-up, inspection, and safety 

requirements contained in the UAVS Maintenance and Operations manual, an 

equivalent level of safety will be provided.

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

Section 91.9 (b) (2) provides that no person may operate a U.S.-registered civil aircraft for 

which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless 

there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof.

Given the size of the Phoenix 30 Air Vehicle and the general nature of UAS operations, 

the Operations and Maintenance manual for flights conducted under this exemption will 

be located in proximity to the PIC and Visual Observer. An equivalent level of safety is 

provided by keeping the manual on the ground for immediate access by the crew. 

14 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions before flight to insure 

the safety of flight.

An exemption is needed from this rule since an FAA approved flight manual will not be 

provided for the aircraft. The preflight procedures in chapters 11 and 12 of the 

Operations and Maintenance manual will provide an equivalent level of safety when 

used with the checklist in chapter 16. The PIC will take all actions prior to initiating flight 

including reviewing weather, flight battery requirements, landing and takeoff distances, 

and aircraft performance data.

14 C.F.R. §91.109: Flight instruction

Section 91.109 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls.

Like other unmanned systems, the Phoenix 30 UAS does not have fully functional dual 

controls so an exemption from this rule is requested. Flight control is accomplished 

through the use of a ground control station that communicates with the aircraft via 

radio communications. The FAA has approved exemptions for flight training without 

fully functional dual controls and for flight instruction in experimental aircraft. An

equivalent level of safety will be provided since neither a pilot nor passengers will be 

carried in the aircraft and by the limited aircraft size, speed, and operational area.

14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Paragraph (d) allows a 

helicopter to be operated at less than the minimums prescribed, provided each person 

operating the helicopter complies with any routes or altitudes specifically prescribed for 

helicopters by the FAA.
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As this exemption is for a small UAS helicopter and seeks authority to operate at 

altitudes up to 200 AGL, an exemption is needed to allow such operations. As set forth 

herein, the Phoenix 30 aircraft will not operate above 200 AGL. An equivalent level of 

safety will be achieved given the size, weight, and speed of the UAS as well as the 

location where operations occur. No flight will be taken without the permission of the 

property owner or appropriate official. 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 UAVS Maintenance and Operations manual. 

The Phoenix 30 Air Vehicle weighs 10 pounds fully loaded and carries no pilot or 

passengers, explosive material or flammable liquid fuels. Compared to flight operations 

with manned aircraft or rotorcraft weighing far more than 55 pounds, the risk 

associated with the proposed operations is far less than those presented by 

conventional aircraft operating at or below 500 AGL performing similar operations. 

Additionally, the proposed low-altitude operations of the small UAS will ensure

separation from manned aircraft that must comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings

This regulation requires that each person operating an aircraft shall maintain the cruising 

altitude by reference to an altimeter that is set when operating below 18,000 MSL to the 

elevation of the departure airport or an appropriate altimeter setting available before 

departure (for the case of an aircraft not equipped with a radio).

The Phoenix 30 UAS does not have a barometric altimeter therefore an exemption from 

this rule is requested. Altitude for the Phoenix 30 UAS is maintained using GPS altitude. 

Operations will utilize ground station GPS altitude readout and the Visual Observer to 

monitor proper altitude. An equivalent level of safety is provided by the PIC’s use of GPS

altitude, adherence to the Operations and Maintenance manual, and the requirement 

for VLOS operations to be conducted in day VMC conditions.

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

Section 91.151 (a) prohibits an individual from beginning “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 speed – (1) During the day, 

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.”

The battery of the Phoenix 30 UAS provides approximately 30 minutes of flight time. To 

meet the 30 minute reserve requirement of 91.151 would prevent the ability to takeoff, 

therefore an exemption from this rule is requested. Due to the proposed altitude 

limitations and the area of operations, a longer time for flight in daylight VMC

operations is reasonable. The FAA has approved similar exemptions, including 

exemptions 11254, 2689F, 5745, 10673, and 10808. The Applicant believes that an 

equivalent level of safety can be achieved by limiting flights to 30 minutes or 20% of 
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battery power – whichever occurs first. This restriction would be more than adequate to 

allow the UAS to return to its planned landing zone from anywhere within the limited 

operating area. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

(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.

The Phoenix 30 Air Vehicle weighs 10 pounds fully loaded and carries no passengers, 

explosive material, or flammable liquid fuels therefore no display of airworthiness or 

onboard documents is required. An equivalent level of safety will be achieved by 

keeping these documents at the ground control station where the pilot flying the 

Phoenix 30 UAS will have immediate access to them to the extent they are applicable. 

The FAA has issued numerous exemptions to this regulation that include but not limited 

to Exemptions 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

These regulations require that an aircraft operator or owner “shall have that aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of 

this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

UAV Solutions is seeking exemption to Maintenance Inspections. These regulations 

apply only to aircraft with an airworthiness certificate therefore these sections will not 

apply to the Applicant. Maintenance will be accomplished by the operator pursuant to 

the Operations and Maintenance manual (see chapters 14 and 16). An equivalent level 

of safety is provided because the UAS is limited in size, weight, payload capacity, and 

will be flown in limited areas for short periods of time. If mechanical issues arise, the 

Phoenix 30 Air Vehicle can be landed immediately and will be operating from no higher 

than 200 feet AGL. As provided in the maintenance and operations manual, the PIC will 

ensure that the Phoenix 30 system is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance performed. Moreover, the 

PIC is the person most familiar with the system and best suited to maintain the Air 

Vehicle in an airworthy condition. 

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

Register should it be determined that publication is required:
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Applicant seeks an exemption from the following rules: 

14 CFR §21, subpart H; 14 CFR 45.23(b);14 CFR § 61.101(e); 61.113( a) & (b); 91.7 (a); 

91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405 (a); 

91.407 (a) (1); 91.409 (a) (2); and 91.417 (a) & (b) to conduct aerial data collection.

The operation of the Phoenix 30 UAS weighing 10 pounds in compliance with the strict 

conditions outlined above will provide an equivalent level of safety supporting the grant of the 

exemptions requested, including exempting the Applicant from the requirements of Part 21 and 

allowing commercial operations. The Phoenix 30 UAS operates at slow speeds, close to the 

ground, and in a limited airspace environment. As a result, these operations are far safer than 

manned aircraft operations. 

Sincerely,

Anthony J. Pucciarella

ALARIS

Agent for UAV Solutions, Inc.

Cc: William Davidson