Glenmark Corp. 6 Canyon Road Suite 300 Morgantown, WV 26508 (304) 599-3369

1 ____________ ____, 2015 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. Part 21, Subpar t H; 14 C.F.R. § 45.23 & § 45.29; 14 C.F.R. § 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103; 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 121; 14 C.F .R. § 151 (a); 14 C.F.R. § 91.203 (a) & (b); 14 C.F.R. §§ 401-417; and 8900.227 Paragraph 16 (c) (4) & 16 (e)(1).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (Reform Act) and14 C.F.R. Part 11, Glenmark Corp., (Glenmark) se eks an exemption from the Federal Aviation Regulations (FARs) to allow commercial ope ration of its Unmanned Aircraft System (UAS) for aerial imaging of commercial structures a nd land and for safety monitoring of secured and controlled environment construction sites, so l ong as the operations are conducted within and under the conditions outlined herein or as may be e stablished by the FAA as required by Section

333.

Commercial operation of a UAS, as described herein, which is equipped with a camera and sensors, would operate in the following manner:

- Aerial photography and/or inspection of commercial structures and land

- Aerial photography and/or inspection of ongoing con struction to monitor construction

and remain on schedule.

As described more thoroughly below, the requested e xemption would permit the operation of the UAS under conditions in the National Airspac e System (NAS) that would be 1) limited 2) controlled 3) predetermined and 4) would provide sa fety enhancements to the already safe operations of Glenmark.

I. Background and Contact Information

Glenmark has been in business for over thirty years , operating out of Morgantown, West Virginia. Glenmark and its affiliates are a full-se rvice real estate acquisition, development, management and construction company.

Glenmark Corp. Mark J. Nesselroad, 6 Canyon Rd. Suite 300, Chief Operating Officer Morgantown, WV 26508 General Counsel

Phone: 304-599-3369 Phone: 304-599-3369 ext. 114 www.glenmarkholding.com Email: mjnesselroad@glenmarkholding.comGlenmark Corp. 6 Canyon Road Suite 300 Morgantown, WV 26508 (304) 599-3369

2 II. The Unmanned Aircraft System (UAS)

Glenmark seeks an exemption to operate the DJI Phan tom 2 Vision+. The DJI Phantom 2

Vision+ is a vertical UAS with a Ground Control Sta tion (GCS) utilizing an electronic tablet or smart phone as the UAS controller. The DJI Phantom 2 Vision+ has a maximum gross weight of approximately 3 pounds, while having a length of 16 inches, width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 kno ts. The DJI Phantom 2 Vision+ is equipped with four main rotors driven by Lithium Po lymer battery electric motors. The applicant will only operate the UAS in line of sight within a predetermined area controlled and operated by the applicant. The DJI Phantom 2 Vision+ is describ ed below, and further described in the

manual attached.

General Features of the DJI Phantom 2 Vision+:

 Ready to fly

 3-axis camera stabilization

 Precision flight and stable hovering

 Ground station support

 Auto return home

 14 MP photographs and HD video

 Camera tilt control

 Camera parameter settings

 FAA no-fly zones locked out via installed software

Transmitter of the DJI Phantom 2 Vision+

 Operating Frequency: 5.728 GHz

- 5.85 GHz

 Communication Distance (open area): CE: 400m; FCC: 800m

 Receiver Sensitivity (1% PER): -93dBm

 Transmitter Power: CE: 25mW; FCC: 100mW

 Working Voltage: 120 mA@3.7V

 Battery: 5200 mAh LiPo Battery

Camera of the DJI Phantom 2 Vision+

 Operating Environment Temperature: 0 °C -40 °C

 Sensor Size: 1/2.3"

 Effective Pixels: 14 Megapixels

 Resolution: 4384×3288

 HD Recording: 1080p30 & 720p

 Recording FOV: 110° / 85°

Remote Control of the DJI Phantom 2 Vision+

 Operating Frequency: 5.728 GHz

- 5.85 GHz

 Communication Distance (open area): CE: 400m; FCC: 800m

 Receiver Sensitivity (1% PER): -93dBmGlenmark Corp. 6 Canyon Road Suite 300 Morgantown, WV 26508 (304) 599-3369

3  Transmitter Power: CE: 25mW; FCC: 100mW

 Working Voltage: 120 mA@3.7V

 Built-In LiPo Battery Working Current/Capacity: 3.7 V, 2000mAh

The DJI Phantom 2 Vision+ owned by Glenmark will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R. Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

III. Public Interest

Granting this petition will further public interest by allowing Glenmark to perform aerial photography and video of commercial properties and construction sites more safely and efficiently. Glenmark’s UAS is battery operated and serves as a safe, efficient and economical alternative to the manned aircraft traditionally ut ilized to obtain aerial photographs. This exemption would reduce noise and air pollution, as well as increase the safety of life and property in the air and ground.

Additionally, reducing the number of manned aircraf t operating in the NAS, congestion around airports caused by arriving and departing ai rcraft will be reduced. Glenmark’s UAS does not require an airport to takeoff or land. This wil l also decrease the amount of aircrafts that must be handles by air traffic control during the ground , takeoff, departure, arrival and landing phases of flight operations.

By using a UAS, Glenmark will be able to increase s afety procedures when evaluating properties, specifically roofing issues and propert ies on steep terrain. The UAS will also further Glenmark’s adherence to construction schedules by a llowing them to monitor the overall construction progress more efficiently.

Finally, the use of a UAS will significantly reduce the carbon footprint associated with aerial photographs. The UAS will reduce the environ mental impact by decreasing the energy used for aerial imaging over a construction site. G lenmark’s UAS uses rechargeable lithium polymer batteries, as opposed to fossil fuels burne d in operation of small aircrafts, which are also

hundreds of times heavier.

IV. Level of Safety

Glenmark proposes operation limitations, which prov ide an equivalent or higher level of safety required. Because of the size and the specif ic nature that it will be used in, the UAS poses no national security issue. Glenmark agrees to adhe re to the following limitations and conditions, as well as any other conditions required by the FAA , when conducting commercial operations:

- The UAS will weigh less than 10 pounds total (The D JI Phantom 2 Vision+ weighs approximately three pounds).

- All flights will be operated within visual line of sight of the pilot.

- Minimum crew for each operation will consist of the UAS pilot and the visual

observer.Glenmark Corp. 6 Canyon Road Suite 300 Morgantown, WV 26508 (304) 599-3369

4 - The pilot and the visual observer will be able to c ommunicate by voice and/or radio at

all times.

- Maximum total flight time for each operational flig ht will be 25 minutes. Flights will be terminated at 25% battery power reserve or 25 mi nutes of flight time, whichever

occurs first.

- Flights will never exceed 400 feet above ground lev el (AGL).

- The UAS will have a maximum operating speed of no m ore than 30 mph.

- Flights will occur no closer than a 5 nautical mile radius of the geographic center/Airport Reference Point of a tower controlle d or uncontrolled airport.

- No flights will take place over densely populated a reas or heavily trafficked roads.

- All flights will be restricted to day only and weat her conditions equivalent to VFR.

- Glenmark will obtain verbal or written consent of a ll persons involved with the planned operation and ensure that only consenting p ersons will be allowed within 100 feet of the flight operation.

- If the UAS loses communications with the remote con troller or loses GPS signal, the UAS will have the capability to return to a pre-det ermined location within a designated location and land autonomously.

- Written or oral permission will be obtained from th e necessary, surrounding property

owners.

- All required permissions and permits will be obtain ed from territorial, state, county or city jurisdictions, including local law enforcement , fire or other appropriate governmental agencies.

- Prior to each flight, the pilot will conduct a pre- flight inspection and determine that the UAS is in a condition for safe flight.

- The following pre-flight checklist will be checked before every flight:

• Remote controller, aircraft battery, and mobile dev ice are charged.

• Propellers are mounted correctly and firmly.

• Micro-SD card has been inserted if necessary.

• Gimbal is functioning as normal.

• Motors can start and are functioning as normal.

• DJI Pilot app is connected to the aircraft.

V. Privacy

All flights will occur over private or controlled a ccess property with the property owner’s prior consent and knowledge. Images taken will be o f individuals who have also consented to being filmed or otherwise have agreed to be in the area where aerial photography will take place.

VI. Regulations From Which The Exemption is RequestedGlenmark Corp. 6 Canyon Road Suite 300 Morgantown, WV 26508 (304) 599-3369

5 A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certif icates

This Part establishes the procedures for the issuan ce of an airworthiness certificate. Given the size and limited operating area associated with the aircraft to be utilized by Glenmark, an exemption from Part 21, Subpart H meets the require ments of an equivalent level of safety under

Part 11 and Section 333 of the Reform Act. The Fede ral Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraf t 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 UAS operated without an airwo rthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft operating with an airworthine ss certificate without the restrictions and conditions proposed.

Glenmark’s UAS is less than 10 pounds, carries neit her a pilot nor a passenger, carries no explosive materials or flammable liquid fuels, and will operate exclusively within a secured and designated area. Unlike other civil aircraft, UAS f lights under this exemption will be tightly controlled and monitored by both an operator and a visual observer, as well as in compliance with local public safety requirements. These safety enhancements provide a greater degree of safety to the public and property owners than conve ntional operations conducted with

airworthiness certificates issued under 14 C.F.R. P art 21, Subpart H. Finally, Glenmark’s UAS poses no threat to national security due to its siz e, speed of operation, location of operation, lack of explosive materials and flammable liquid fuels, and inability to carry a substantial external

load.

B. 14 C.F.R. § 45.23 & § 45.29 – Display of Marks; Gen eral and Size of Marks

These regulations state that each aircraft must dis play “N” and the aircraft’s registration number in letters at least 3 inches high. Additiona lly, the aircraft must display the word, “Experimental”, in letters at least 2 inches high n ear the entrance to the cabin, cockpit, or pilot

station. Glenmark’s UAS does not have an entrance i n which the word, Experimental, can be placed. To achieve an equivalent level of safety of this section, Glenmark will include the word, Experimental, in the placard on the top of the airc raft, where the pilot, visual observer and others in the vicinity of the aircraft while it is prepari ng for launch will be able to see the designation.

C. 14 C.F.R. § 61.113 (a) & (b) – Private Pilot Privil eges and Limitations: Pilot in

Command

Under this regulation, no person who holds a privat e pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire. However, Glenmark’s UAS does not carry pilots, pass engers or property. The number of risks

associated with UASs is far less than the number of risks related with commercial activities associated with this section. Therefore, the operat ion and limitations set forth in this petition will equate to the required safe operations.Glenmark Corp. 6 Canyon Road Suite 300 Morgantown, WV 26508 (304) 599-3369

6 D. 14 C.F.R. § 91.7 (a) – Civil Aircraft Airworthiness

This regulation requires that no person may operate a civil aircraft unless it is in airworthy

condition. Because there will be no airworthiness c ertificate issues for this aircraft, should this exemption be granted, no FAA regulatory standard wi ll exist for determining airworthiness. However, given the size of the aircraft and the pre -flight safety checklist laid out above, an adequate level of safety will be maintained.

E. 14 C.F.R. § 91.9 (b)(2) – Civil Aircraft Flight Man ual, Marking, and Placard Requirements

This regulation provides that no person may operate a U.S. registered civil aircraft unless there is an Airplane or Rotocraft Flight Manual, ap proved manual material, markings, and placards, or any combination thereof available in t he aircraft. The UAS owned by Glenmark has no ability or place to carry such flight manual bec ause of its size and configuration. Additionally, there is no pilot on board the UAS. Adequate levels of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate

access to it.

F. 14 C.F.R. § 91.103 – Pre-Flight Action

This regulation requires each pilot in command to t ake certain actions before flight to insure the safety of the flight. An exemption is ne eded from this requirement as the pilot will take separate pre-flight actions, including checkin g the weather conditions, checking flight battery levels, checking takeoff and landing distan ces, and all other actions in the Preflight Checklist in the Manual. These actions will provide an equivalent level of safety.

G. 14 C.F.R. § 91.109 – Flight Instruction; Simulated Instrument Flight and Certain Flight

Tests

This regulation states that “no person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully f unctioning dual controls.” UAS and remotely piloted aircraft, by design, do not have fully func tional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flig ht instruction in experimental aircraft. The equivalent level of safety will be met by the fact that neither a pilot nor passengers will be carried in the UAS and by the size and speed of the UAS.

H. 14 C.F.R. § 91.119 – Minimum Safe Altitudes: Genera lGlenmark Corp. 6 Canyon Road Suite 300 Morgantown, WV 26508 (304) 599-3369

7 This regulation established safe altitudes for oper ation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimum altitude prescribed, provided the person operating the helicopter complies with any r oute or altitudes prescribed for helicopters by the FAA. This exemption is for a multi-rotor craft that flies similarity to a helicopter, with vertical takeoff and landing. Since the aircraft wi ll be operating at a maximum of 400 feet AGL, Glenmark cannot comply with this requirement and an exemption is needed.

To maintain equivalent levels of safety, the UAS wi ll be operated in restricted areas and where buildings and people will not be exposed to o perations without their pre-obtained consent. The equivalent level of safety will also be maintai ned because of the size, weight, and speed or the UAS. Additionally, unlike flight operations wit h aircraft or rotocraft weighing far more than 10 pounds, Glenmark’s UAS will not carry flammable fuel. The low-altitude of operations will also ensure separation between UAS operations and t he operations of conventional aircraft that must comply with this regulation.

I. 14 C.F.R. § 91.121 – Altimeter Settings

This regulation requires each person operating an a ircraft to maintain cruising altitude by

reference to an altimeter that is set “... to the ele vation of the departure airport or an appropriate altimeter setting available before departure.” As t his UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption m ay be needed. An equivalent level of safety will be achieved by the operator, pursuant to the M anual and Safety Check List, confirming the

latitude of the launch site shown on the GPS altitu de indicator before flight.

J. 14 C.F.R. § 91.151 (a) – Fuel Requirements For Flig ht in VFR Conditions

This regulation provides that no person may begin “ a flight in an airplane under VFR conditions unless (considering wind and forecast we ather conditions) there is enough fuel to fly to the first point of intended landing and, assumin g normal cruising speed – (1) during the day, to fly after that for at least 30 minutes; or (2) at n ight, to fly after that for at least 45 minutes.”

The battery powering the UAS provides approximately 20 to 25 minutes of powered flight. Since the UAS will never fly more than 3⁄4 NM from th e point of intended landing, a full battery charge at launch will ensure that Glenmark meets th e reserve requirement of this regulation. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer ti me frame for flight in daylight or night VFR

conditions is reasonable.

The intent of this regulation appears to be to prov ide an energy reserve as a safety buffer for delays to landing. Glenmark believes that an ex emption from this regulation falls within the scope of prior exemptions. Operating the UAS in a t ightly controlled area where only people and property owners or official representatives who hav e signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not cause the type of risks that this regulation was intended to alleviate given the size and speed of the UAS. A n equivalent level of safety can be achieved by limiting flights to 25 minutes or 25% of battery power, whichever occurs first. This restrictionGlenmark Corp. 6 Canyon Road Suite 300 Morgantown, WV 26508 (304) 599-3369

8 would be more than adequate to return the UAS to it s planned landing zone form anywhere in its limited operating area.

K. 14 C.F.R. § 91.203 (a) & (b) – Carrying Civil Aircr aft Certification and Registration

The regulation provides in pertinent part:

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

1. An appropriate and current airworthiness certificat e . . . (b) No person may operate a civil aircraft unless the a irworthiness certificate required by paragraph (a) of this section or a spec ial flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Glenmark’s UAS weighs no more than 10 pounds and is operated without an onboard pilot. As such, there is no ability or place to carry cert ification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them; to the extent they are applicable to the UAS.

L. 14 C.F.R. §§ 91.401 – 417 – Maintenance, Preventive Maintenance, Alterations

These regulations provide that the operator is prim arily responsible for maintaining the aircraft in an airworthy condition, including compl iance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be “approved f or return to service by a person authorized under 43.7” after maintenance and inspection.

Given that these regulations and Part 43 apply only to aircraft with an airworthiness certificate, these regulations will not apply to th e applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and o perating handbook. An equivalent level of safety will be achieved because the UAS is very lim ited in size and will operate only in restricted areas for a limited period of time. If mechanical i ssues arise the UAS can land immediately and will operating from no higher than 400 feet AGL. Th e operator will ensure that the UAS is in working order prior to initiating flight, perform r equired maintenance, and keep a log of any maintenance performed. Maintenance performed by Gle nmark is limited to repairing small cracks, replacing a propeller, checking electrical connections and updating software and firmware for the on-board computer. All other maint enance will be performed by the manufacturer or their designated repair facility.

Furthermore, the operator is the person most famili ar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. Additionally, an equivalent level of safety will be achieved because maintenance and inspections will be performed in according with the UAS Manufac turer’s User Manual. Overall, due to the size, construction and simplicity of the UAS, Glenm ark can ensure an equivalent level of safety.Glenmark Corp. 6 Canyon Road Suite 300 Morgantown, WV 26508 (304) 599-3369

9 M. 8900.227 Paragraph 16(c)(4) and 16(e)(1) – PIC Medi cal and Observer Medical

This policy provides that both the pilot and visual observer must have a valid FAA secondclass medical certificate issued under Part 67 in o rder to perform as a pilot or observer. The UAS maximum gross weight is less than 10 pounds, it is constructed of plastic and the pilot is not on board. Both the pilot and the visual observer are r equired to be in visual line of sight (VLOS). Given the unlikely event that both the pilot and th e visual operator become medically incapacitated while the aircraft is in flight, the UAS will return autonomously to the site of launching and land without crew intervention.

Therefore, requiring the pilot and visual observer to meet the same medical requirements as commercial pilot carrying passengers in a large air craft is an unnecessary burden. Glenmark proposes that the minimum medical requirements for the pilot and visual observer be vision corrected to 20/20 and a valid, state issued driver ’s license. The 20/20 vision requirement will ensure that the pilot and visual observer can see a nd avoid air traffic. Additionally, a licensed driver is medically qualified to operate a much lar ger vehicle.

VII. 14 C.F.R. Part 11 – Summary

Pursuant to 14 C.F.R. Part 11, the following summar y is provided for publication in the Federal Register, should it be determined that publ ication is needed:

Applicant seeks an exemption from the following rul es: 14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 45.23 & § 45.29; 14 C.F.R. § 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103; 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 121; 14 C.F.R. § 151 (a); 14 C.F.R. § 91.203 (a) & (b); 14 C.F.R. §§ 401-417; and 8900.227 Paragraph 16 (c)(4) & 16 (e)(1) to operate, commercially, a small unman ned vehicle in construction operations.

Approval of exemptions allowing commercial operatio ns of UASs in the construction industry enhances safety while reducing risk. Manne d aircraft monitoring and surveying creates a greater risk because the aircraft is much larger, has combustible fuel, and carries an onboard human pilot, as well as leaving a larger carbon foo tprint on the environment. In contrast, a UAS weighing less than 10 pounds and powered by batteri es eliminates virtually all of that risk given

the reduced mass and lack of crew and combustible f uel and carried on board.

The operation of small UASs conducted in the limita tions detailed above, provides an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Pa rt 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground and in a restricted area. As a result, UASs are safer than conventional operatio ns conducted with turbine helicopters operating in close proximity to the ground and peop le.

Glenmark is prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety. Please contact us at an y time if additional information or clarification

is needed.Glenmark Corp. 6 Canyon Road Suite 300 Morgantown, WV 26508 (304) 599-3369

10 Sincerely,

Mark J. Nesselroad Chief Operating Officer & General Counsel Glenmark Corp. 6 Canyon Road, Suite 300 Morgantown, WV 26508

D: 304-413-0497

O: 304-599-3369 ext. 114

F: 304-599-3285

mjnesselroad@glenmarkholding.com
www.glenmarkholding.com