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Anthony J. Pucciarella

ALARIS

PO Box 1835 Lusby, MD 20657

240.538.8444 Tony@TeamAlaris.com

1 4 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 Ac t) 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

Unma nned Aircraft System ( U AS ) 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 beli eves 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

U A S

. 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 o f 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

- 0195Page 2

Address: 8280 Patuxent Range Road, Suite E

Jessup MD 20794

Regulations from which exemption is requested:

14 CFR Part 21

14 CF R. 45.23(b)

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

14 CF R. 91.7 (a) 14 CFR 91.9 (b) (2)

14 CF R. 91.103

14 CF R. 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 th is exemption i s the Phoenix 30 multi

- rotor UAS (see attached Operations and Maintenance manual for more detailed spec ifications and procedures ) . The
Phoenix 30 Air Vehicle weigh s 1 0 pounds fully loaded

– considerably less than the 55 pound requirement that defines s mall UAS. UAV S will operate the Phoenix UAS with in Visual Li ne of

S ight (VLOS) of the Pilot and Visual O bserver. The UAS will operate at speeds less than 87 knots
and ha ve the ability to hover. Area of operations will be over private property with owner permission or public property with permission from the appropriate officials

. UAV S operations
will not cr eate 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 helicopter s and ha s less of an impact on the environment. The Phoenix

30 UAS is battery powered and energy friendly. The system take s off vertically from the
operat ion area which minimizes transit time s a s well as the possibility of encounters with
manned aircraft

.

AIRCRAFT AND EQUIVALE N T 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 conduc ted under existi ng regulations using larger manned
aircraft.Page 3

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 f lights 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 2 0 % battery power remaining should this condition occur prior to the 30 minute limit.

4. Flights will be operated at or below 2 00 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 O bserver.

7. UAS P ilot will be an FAA licensed airman with at least a recreational pilot certificate issued by the FAA.

8. UAS P ilot and Visual O bserver 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 loca l law enforcement, fire, or other appropriate governmental agencies)

. 11. Flight operation s will not occur within 5 00 feet of personnel in the designated area that are not part of the specific operation.

12. PIC will brief all involved personnel on flight operatio ns 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 form 7711

- 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. UAV S will submit a written Plan of Activities to the appropriate FSDO three days prior to planned operations

. 15. Pilot and Visual Obser ver 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 o f 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 th e 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 §91.20 3 (a) (1).Page 4

The Phoenix 30 Air Vehicle weighs 1 0 pounds fully loaded and carr ies 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. UAV S operations will be as safe, or safer, than a conventional aircraft operating with an airworthiness certificate. UAV S 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 certif icated 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 t he si ze 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 w ell 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 P rivate pilots to non

- commercial operations.

Since the UAS is not capable of carrying a pilot or passenger s , 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 O peratio ns 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 dri ver’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
airworthin ess certificate issued for the UAS. I f exemption from §91.203 (a) (1) is granted , there will be no airworthin ess certificate issued for the UAS which means there
wil l be no s tandard for determining if the UAS is in airworthy condition

. Given the size ofPage 5

the aircraft

, area of operations , and the detailed set

- up, inspection, and safety requirements contained in the UAVS M aintenance and O perations manual

, an equivalent l evel 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 n o person may operate a U.S.

- registered civil aircraft f or which an Airplane or Rotorcraft Flight Manual is not requ ired 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 flight s 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 m anual 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 wil l take all actions prior to initiating flight including reviewing weather, flight batter y requirements , landing and takeoff distances, and aircraft performance data

.

14 C.F.R. §91.109: Flight instruction

Section 91.10 9 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, t he Phoenix 30 UAS does not have fully fu nctional 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 o perational 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 2 00 AGL

, an exemption is needed to allow such opera tions. As set forth herein, the Phoenix 30 aircraft will not operate above 2 00 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 M aintenance and O perations manu al.

The Phoenix 30 Air Vehicle weighs 1 0 pounds fully loaded and carr ies 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

c onventional aircraft operating at or below 500 AGL performing similar operations

. Ad dition ally , the proposed low

- altitude operations of the s mall 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 t he elevation of the departure airport or an appropriate altimeter sett ing available before departure (for the case of an aircraft not equipped with a radio ).

The Phoenix 30 UAS do es not have a barometric altimeter therefore an exemption from this rule is requested

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

O perations will utilize ground station GPS altitude readout and the Visual Observer to monitor proper altitude. A n equivalent level of sa fety 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 V MC 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 cruis ing 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 provide s approximately 3 0 minutes of flight time

. To meet the 30 minute reserve requi rement 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 operation s , a longer time for flight in daylight V MC operations is reasonable. The FAA has appro ved similar exemptions

, including

e xemptions 11254

, 2689F, 5745, 1 0673 , and 10808

. The Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 2 0 % ofPage 7

battery power

– whichever occurs first. This restriction would be m ore 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 airworthi ness 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 1 0 pounds fully loaded and carr ies 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 Exemption s 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 operato r 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...,” an d 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 certificat e therefore these sections wi ll not apply to the Applicant. Maintenance will be accomplished by the operator pursuant to the Operations and Maintenance man ual (see chapters 14 and 16)

. An equivalent level of safety is provided because the UAS is limited in size, weight, payload capaci ty, and will be flown in limited areas for short periods of time. If mechanical issues arise

, the
Phoenix 30 Air Vehicle can be land ed immediately and will be operating from no higher
than 2 00 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 main tain 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:Page 8

Applicant seeks an exemption from the follow ing 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 1 0 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 Ap plicant from the requirements of Part 21 and allowing commercial operations. The Phoenix 30 UAS operate s at slow speeds , close to the ground, and in a limited airspace environment. As a result, these operations are far safer than manned aircraft operatio ns.

Sincerely,

Anthony J. Pucciarella

ALARIS Agent for UAV Solutions, Inc.

Cc: William Davidson