ALEX MIROT PRESIDENT

386.866.0471 Alex.Mirot@UnmannedSafetyInstitute.Org

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

July 1 , 2015

Re: Petition of UNMANNED SAFETY INSTITUTE, LLC for Exemption Pursuant to

Section 333 of the FAA Modernization and Reform Act of 2012

Dear Sir and/or Madam :

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, UNMANNED SAFETY INSTITUTE, LLC (“ USI ”) , hereby applies for an exemption from F ederal Aviation Regulations ("F ARs") identified below, to

allow comm ercial operations of small unmanned aerial vehicles (i.e., "small unmanned aircraft" or "sUAS").

This exemption is made based on the information in this petition, as well as the accompanying UAS Operations Manual (''Operations Manual") and Emergency Response Plan . Petitioner submits the Operations Manual and Emergency Response Plan, and as Confidential doc ument s under 14 C.F.R. § 11.35(b ), as the entire Operations Manual and Emergency Response Plan contain confidential commercial and

pr oprietary information that the Petitioner has not and will not share with others. The

documents contain operating conditions and procedures that are not available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq., and any other requirements established by the FAA pursuant to Section

333 of the FAA Reform Act.

For your convenience, the petition is organized as follows:

I. Description of Petitioner

II. Relevant Statutory Authority

III. Qualifications for Approval Under Section 333 of the Reform Act

IV. Description of Proposed Operations

V. Regulations From Which Exemption is Requested

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

- Airworthiness Certificates and 14 C.F.R. § 91.203b. 1 4 C.F.R. Part 27 Airworthi ness Standards: Normal Category

Rotorcraft

c. 14 C.F.R. § 61.113 (a) & (b), 61.133 (a): Private Pilot Privileges and Limitations: Pilot in Command. Commercial Pilot Privileges and

Limitations.

d. 14 C.F.R. § § 91.9(c), and 45.23(b): Aircraft Marking and Identifi cation Requirements

e. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

f. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness F. 14 C.F.R. § 91.103: Preflight Action

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

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

i. 14 C.F.R. § 91.121: Altimeter Settings j. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

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

VI. Advanced UAS Flight Safety Training

VII. Drug and Alcohol Program

VIII. Public Interest

IX. Privacy

X. Fe deral Registry Summary

XI. Conclusion

I. DESCRIPTION OF PETITIONER

USI is a professional organization dedicated to UAS flight safety for individuals and proponent organizations. USI accomplishes its mission through the adoption and

modification of time

- honored aviation safety and training practices . USI maintains its core focus is in three key areas: human factors training, technology reliability, and building safe organizations. More specifically, USI conducts pilot training, flight test and

evaluatio n, and promotes a strong safety culture and implements Safety Management Systems for proponent organizations where necessary.

USI staff are widely recognized as having developed one of the first nationally

accredited UAS education programs at Embry

- Ridd le Aeronautical University in Daytona Beach, Florida. USI is also the only UAS flight safety organization that has been approved by the State of Florida to provide training and certification to Florida’s growing STEM programs in high schools located throu ghout the state.

As a result of its strong safety culture and vast experience in both manned and unmanned aviation, USI has been recognized by some of the world’s leading insurance brokerage firms and underwriting companies as a leader in UAS operations , ris k mitigation, and flight safety

. In fact, as a result of its industry

- recognized expertise, USI was selected by Global Aerospace among a pool of competitors to become theexclusive UAS flight safety partner to Global Aerospace’s indu stry

- leading SM4 Safety Program

.

Global Aerospace

, a leading provider of insurance and risk management solutions for the aviation and aerospace industries, recognizes USI as a highly competent training organization dedicated to aviation safety and the highest standards of excellence

. Global Aerospace, with more than 90 years of experience

, and over 14 offices around the world, has placed immense trust and confidence into USI as the sole provider of flight safety training and education to its worldwide portfolio of clients.

USI staff have provided a variety of flight safety training programs to both individuals and proponent organizations around the world, as part of USI’s ro le in the SM4 Safety Program, as well as through other independent channels. These include:

• A workshop on unmanned aviation safety to a major Part 135 operator providing unique air services to government and private industry, including

international air a mbulance services and transportation of unique cargo such as explosives. The local FSDO participated in this training workshop.

• UAS safety training to one of the largest multinational oil and gas corporations

in the world.

• Flight safety and UAS training c onsultations to one of the largest electric utilities companies in the world, and a leading utilities company in the United

States.

• UAS flight safety education and curriculum development for Embry

- Riddle Aeronautical University, one of the world’s most pre stigious aviation

universities.

USI s eeks the requested exemptions and a Certificate of Authorization to permit it to

offer flight safety education and live fly training to individuals and proponent organizations in the following industries :

• Precision agriculture

• Flare stack inspection,

• Utility

- power generation system inspections and patrolling,

• Pipeline inspection and patrolling,

• Wildlife and forestry monitoring,

• Aerial surveying,

• Construction site inspection and monitoring, and

• Public entity support o perations.

USI has adopted a philosophy that recognizes that UAS operations are a part of complex, interconnected systems that make up the NAS. As a result, USI has instituted for its UAS operations in the NAS, a strict policy on flight safety. USI’s in structor cadre

all maintain at least FAA private pilots l icenses , valid medical certificates, and are trained to USI’s Professional System Operator© (P SO © ) certification. The P SO ©certification requires advanced flight safety training as documented in Sec tion VI of this petition.

As set forth in more detail in the attached Confidential documents

, USI will provide a mission capable UAS, FAA

- cred entialed PIC who is trained to USI’s Professional System Operator© (P SO © )

, visual observer, sensor operator (if needed )

, and any additional flight crew members needed for the specific flight operation. USI will retain operational control of all UASs, and each operation will be performed pursuant to a set of general procedures applicable to all flights, as well as a dditional flight procedures developed as suitable for each defined area of work.

The contact information for Petitioner is as follows:

UNMANNED SAFETY INSTITUTE, LLC

. A ttn: Alex Mirot 146 Orange Place, Maitland Florida 32751 Phone: ( 386) 866

- 0471

E

- mail: Alex

. Mirot @ UnmannedSafetyInstitute.org

II. RELEVANT STATUTORY AUTHORITY

This petition for exemption is submitted in accordance with the Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012. Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to oper ate in the National Airspace System ("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

• O peration of the UAS within the visual line of sight of the operator. 1

Additionally, the FAA Administrator has general authority to grant exemptions from its safety regulations and minimum standards when the Administrator decides a requested exemption is i n the public interest. See 49 U.S.C. § 44701(±) (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 provide a level of safety at least equal to the existing rules). See 14 C.F .R. § 11.81 (petitions for exemption).

1 Id. at § 333(b)(1).III. QUALIFICATIONS FOR APPROVAL UNDER SECTION 333 OF THE REFORM

ACT

The proposed operations in this petition for exemption qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory criteria and other relevant

factors are satisfied.

The proposed operations would permit the use of small and relatively inexpensive UAS under controlled conditions in airspace that is: (1) limited; (2) prede termined; (3)

controlled as to access; and that ( 4) provides an increased level of safety beyond that existing when fixed or rotor wing aircraft are used t o a ccomplish the same purpose. In

add ition many of these operations, such as flare stack , power line and construction inspection would be alternately accomplished by sending an individual up into a structure to manually conduct a visual inspection , or by flying a conventional rotorcraft dangerously close to the infrastructure to accomplish the task . Such operations carry a much higher risk of serious bodily injury or death compared with conducing a photographic or video inspection from a small UAS.

Given the small size of the sUASs involved and the restricted environment within which they will operate, this petition exemption falls within the zone of safety, i.e., an equivalent level of safety, in which Congress desired the FAA to permit commercial UAS ope rations by exemption pending completion of formal rulemaking. Also, due to

the size of the sUASs

, and the restricted area in which the sUASs will operate, approval of the application presents no national security issue.

Considering the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the significant public benefit, the grant of the requested exemptions is also in the pub lic interest.

Accordingly, Petitioner respectfully requests the FAA grant the requested exemption without delay.

IV. DESCRIPTION OF PROPOSED OPERATIONS

A. Scope of Operations.

USI will draw upon its vast aviation and flight safety experien ce to provide UAS flight training and scenario

- based training to individuals and proponent organizations who

intend to service a wide host of industries

. Detailed procedures have been created and are set forth in the accompanying Confidential documents to ensure safe operation for

the potential UAS application . To assist the FAA in its safety assessment of Petitioner's proposed sUAS operations, below is a summary of operational limitations and

conditions

, which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:1. The UAS will weigh less than 55 pounds.

2. Flights will be operated within visual line

- of

- sight of a pilot and/or observer.

3. Maximum total flight time for each operational flight will be limited to the amount of time the UAS can be flown and still maintain a reserve battery power of no less than 25%.

4. Flights will be operated at an altitude of no more than 400 feet above ground level ("AGL")

. As a result, the UAS flight will not be conducted within navigable airspace.

5. Flights will take place in highly controlled environments at training locations either owned or operated by Petitioner or its customers. These locations will

b e privately owned property.

6. Flights will be operated at a lateral distance of least 100 feet from any inhabited structures, buildings, vehicles, vessels, or people not associated with the operation or who have not signed a waiver in advance of the operation.

7. The petitioner wil l fil e a Notice to Airman ("NOT AM") with an appropriate air

traffic control ("ATC") facility between 72 and 48 hours before the flight.

8. A Certificate of Authorization ("COA'') will be obtained prior to flight.

9. The petitioner will coordinate operations with th e appropriate Flight Standards

District Office ("FSDO").

10. Minimum crew for each operation will consist of the UAS Pilot, one or more Visual Observers as necessary to safely conduct the mission, and a Sensor Operator if required.

11. The UAS Pilot will hold an FAA priv ate pilot's license with c lass III medical

certificate.

12. The observer designated for any operation will have at least a class II medical

certificate.

13. The UAS Pilot will be Pilot in Command ("PIC"). If a pilot certificate holder other than the UAS Pilot, who possesses the necessary PIC qualifications, is also present, that person can be designated as PIC.

14. The UAS will operate in accordance with the saf ety and operational requirements of the Operations Manual.15. Prior to the operation, a Safety Risk Analysis Plan (SRAP) will be created which includes all safety and operational information necessary to safely carry out the flight.

16. A briefing will be con ducted in regard to the planned sUAS operations prior to each day's missions. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing.

17. Pilot, Visual Observer and Sen sor Operator will at all times be able to communicate by voice.

18. The UAS PIC will be a USI instructor who has undergone advanced flight safety training to the Professional System Operator © ( “ PSO ©” ) level. To obtain the PSO credential, the UAS PIC must possess an FAA Private Pilots License, obtain an Initial Qualification Training (“IQT”) provided by the Original Equipment Manufacturer (“OEM”) on training specific to the air

vehicle , and attend an Unmanned Aviation Safety workshop presented by the Unmanned Safety Institute . The PSO credential, outlined further below, will address critical components of safe flight for UAS operators

.

19. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, includ ing local law enforcement, fire or other appropriate governmental agencies.

20. The operator will file a FAA Form 7711

- 1, or its equivalent, as modified in light

of the requested exemption, with the local Flight Standards District Office ("FSDO").

21. If the sUAS loses communications or loses its GPS signal, the sUAS will have the capability to return to a pre

- determined location within the operational

area and land.

22. An Emergency Response Plan will be developed to safely terminate flight if

there is a loss o f communication between the pilot and the observer.

23. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under§ 40101 of the Act, including sUASs, from its safety regulations andminimum standards when the Administrator decides a requested exem ption is in the public interest. 2

Petitioner seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45 , 61 and 91 for purposes of conducting the requested operations using a UAS. Listed below are (1) the specific sections of 14 C.F .R. for which exemption is sought, and (2) the operating procedures and safeguards that Petitioner has established which

will ensu re a level of safety better than or equal to the rules f rom which exemption is sought. 3

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

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

Petitioner seeks an exemption from 14 C.F.R. Part 21, Subpart H, which esta blishes the procedural requirements for the issuance of airworthiness certificates as required by 14 C.F .R. § 91.203(a)(1). The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an ai rworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS.

All UAS operated by USI will meet the requirements of a small UAS, i.e., have a gross

tak e

- off weight of less than 55 pounds. Given the size and limited operating area associated with the UAS operations, 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

.

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 as, or safer than, a conventional aircraft o perating with an airworthiness certificate without the restrictions and conditions of the proposed sUAS operations.

Equivalent Level of Safety

The sUASs to be operated hereunder weigh less than 55 pounds with payload, carry neither a pilot nor passenger, carry no explosive materials or flammable liquid fuels, and operate exclusively within a secured and sterile area. Unlike other civil aircraft, the

propo sed operations will be controlled and monitored by the operator, as well as an observer and sensor operator, pursuant to the Manual's requirements. Moreover, the FAA will have advance notice of all operations conducted under this exemption.

2 2 See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716)These safety enhancements, which already apply to civil aircraft operated in connection with existing inspection operations, provide a greater degree of safety to the Petitioner's employees, members of the public, and property owners than conventional operations

conduc ted 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, lack of

exp losive materials or flammable liquid fuels, and inability to carry a substantial external

load.

B. 14 C.F.R. Part 27 Airworthi ness Standards: Normal Category Rotorcraft

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certifica tion of normal category rotorcraft. To the extent the Petitioner's sUAS would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the exemption request from 14 C.F.R. Part 21, Subpart H.

C

. 14 C.F.R. § 61.113 (a) & (b), 61.133 (a): Private Pilot Privileges and Limitations: Pilot in Command. Commercial Pilot Privileges and Limitations.

The regulation provides that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that b usiness or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

USI’s proposed operations meet the requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in which the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA Private Pilot written examination." Since there are currently no means available for the pilot of a UAS to gain the experience in an equivalent category and class in order to apply for a commercial pilot's license, the proposed operations can achieve the equivalent level of safety by requiring our pilots to complete an advanced flight safety training program as outlined in Section VI of this petition whereby all instructors employed by USI will undergo extensive UAS training by USI and each be certified as a Professional System Operator ©

.

Equivalent Level of Safety

Because the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a private pilot’s license rather than a commercial pilot’s license to operate this small UAS , as well as an advanced UAS flight safety training as documented in Section VI of this pe tition . Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no person on board. The area of operation is controlled and restricted, and all flights are planned and coordinated
in advance as set forth i n the Operations Manual . The level of safety provided by therequirements included in the Operations Manual exceeds that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The
risks associated with t he operation of the sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with a private pilot who holds advanced UAS flight safety traini ng exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

D

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

Petitioner seeks an exemption from the aircraft marking and identification requirements

contained in 14 C.F.R. § § 91.9(c), and 45.23(b).

• 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.

• 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 rot orcraft horizontally on

both surfaces of the cabin, fuselage, boom, or tail the marks required by §

45.23.

Exemption from 14 C.F.R. § 45.23(b) is warranted beca use the sUAS has no entrance

to the cabin, cockpit, or pilot station on which the word "Experim ental" can be placed. Moreover, given the size of the sUAS, two

- inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with 14 C.F.R. § 45.29(f).

Given the nature of the specific relief sought by this exe mption request, Petitioner requires relief from the associated marking and identificatio n requirements of§ 45.27(a)

and § 91.9(c), which would require compliance with§ 45.23(b).Equivalent Level of Safety

The equivalent level of safety for exemptions to the aircraft marking and identification requirements of§§ 91.9(c), 45.23(b) and 45.27(a) will be provided by having the sUAS

marked on its fuselage as required by § 45.29(f).

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

E . 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

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 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.

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 cu rrent 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 t he cabin or cockpit entrance so that it is legible to

passengers or crew.

USI does not request an exemption from this section but instead notifies the FAA that, in accordance with FAA Office of Chief Counsel's Opinion dated August 8, 2014, the UAS flight manual, registration certificate and other documentation will be kept at the

c ontrol station with the PIC during flight. The Chief Counsel's Office has held that for all UAS operations, this alternate method constitutes full compliance with the regulations.

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

Petitioner seeks an exemption from 14 C.P.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. Inasmuch there will be no airworthinesscertificate issued for the sUAS, should this exemption be granted, no FAA regulat ory standard will exist for determining airworthiness.

Equivalent Level of Safety

The UASs will be fully maintained and operated in accordance with all specifications and requirements identified by the manufacturer. USI will only operate sUAS that have a proven track record of reliability and safety. Further, given that no UAS will be operated by USI with a weight of over 55 pounds, and no UAS will be flown unless it has been maintained and prepared for flight in accordance with the manufacturer's requi rements, 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, 10602, 32827, and 10700.

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

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

the FAA

- approved Flight 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.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Aircraft Operations Manual and flight manual provided by the manufacturer. The PIC will take all required preflight

actions

- including reviewing weather, flight battery requirements, landing and takeoff distance, and aircr aft performance data

- before initiation of flight. The Aircraft Operations Manual and manufacturer's flight manual will be kept at the ground station with the operator at all times.

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

Petitioner seeks an exem ption from 14 C.P.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 functioning dual controls." sUASs and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a box that communicates with the

aircraft via radio communications.

Equivalent Level of Safety

Given the s ize and speed of the sU AS, an equivalent level of safety can still be

achieved without dual controls because no pilot or passengers are aboard the sUAS,and all persons will be a safe distance away in the event that the sUAS experiences any

difficulties du ring 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. Exemptions include: Nos. 5778K and 9862A.

I . 14 C.F.R. § 9 1.119: Minimum Safe Altitudes

Petitioner requests 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, v essel, vehicle, or structure in non

- congested areas; See 14 C.F .R. § 91.119( c). Section 91.119(d) 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," provi ded that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

To provide the intended services, the sUAS is normally operated below 400 feet AGL. Additionally, t he sUAS will maintain a lateral distance of at least 1 00 feet from inhabited structures, buildings, vehicles, and vessels, and from people not associated with the operation.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum sUAS weight proposed herein, and given the lack of flammable fuel, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the 'size, weight, and speed of the UAS, as well as the location where it is operated. As set forth in the Manual, the sUAS will be operated in a restricted area. Furthermore, by operating at such lower altitudes, the sUAS will not interfere with other ai rcraft that are subject to the minimum safe altitude regulations.

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

This petition seeks 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 . An exemption is required to the extent that the sUAS does not have a barometric altimeter,

but rather a GPS altitude read out.Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set forth in the

Manu al. As prescribed in the Manual, 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 sUAS's height, thus ensuring opera tion

at safe altitudes.

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

Petitioner 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 be gin 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.

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

- minute reserve. USI proposes that all flights comply with this requirement by mandating that the aircraft be safely landed with no less than 25% of battery life remaining.

Equivalent Level of Safety

An equivalent level of safety will be achieved because the operations wi ll be conducted

on

- site without significant transit time by the sUAS. All flights will be planned to be terminated with no less than 25% reserve battery power still available. This restriction would be more than adequate to return the sUAS safely to the gr ound and its planned landing zone from anywhere in its limited operating area even in the event of an unexpected occurrence. Operation of the sUAS with less than 3 0 minutes of reserve fuel does not include the type of risks that Section 91.151 (a) was inte nded to alleviate given the size and speed of the small UAS, and the proximity of the flight operation to the landing zone. Moreover, operation will be limited to controlled areas where only people and property owners, or official representatives who have signed waivers, will be

allowed.

This request for exemption falls within the scope of prior exemptions, including Exemption Nos. 10673, 2689F, 5745, 10673, and 10808.L . 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections

Petitioner also seeks an exemption from the maintenance inspection requirements contained in 14 C.P.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.P.R. Part 43. See, e.g., 14 C.P.R.§ 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of th is part and shall between required inspections ... have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption to these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certifica te, which the sUAS

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 UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual. As provided in the Operations Manual, the operator will ensure that the sUAS 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 t he aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

If mechanical issues arise, the sUAS's size and carrying capacity, and the fact that flight operations will only take place in restr icted areas for limited periods of time during daylight hours, creates less risk than that associated with conventional rotorcraft performing the same operation.

VI. ADVANCED UAS FLIGHT SAFETY TRAINING

USI recognizes that UAS present a significant and complex flight safety challenge within

the NAS. USI is committed to the highest standards of excellence in flight safety and safety risk management. As a result, any PIC employed by USI will not only possess a

valid Private Pil ot’s License issued by the FAA but will also be trained and certified as a Professional System Operator © (PSO © ) by USI

.

To become certified as a PSO © , the student must have a valid Private Pilot’s License issued by the FAA. After presenting this credential the candidate must attend and pass the Small Unmanned Aircraft System Safety workshop at the Unmanned Safety Institute. This workshop focuses on eight specific flight safety modules.Area one : Unmanned Aircraft Systems

1. Small unmanned aircraft system loading and performance
2. Basic unmanned aircraft systems
3. Dealing with common UAS Emergencies

Area two : Operations Planning

1. Field site survey and preparation
2. Safety zones and sterile area concept
3. Energy planning

Area three : Weather

1. Official sources of weather and effects of weather on performance
2. Field weather measurements

Area four : Airspace

1. Rules and Regulations
2. Airspace classification, control authority, and operating requirements
3. Procedures for safely operating near airports

Area five : Crew Resource Management

1. Human factors and Crew resource management
2. Physiological effects of drugs and alcohol
3. Six core Crew Resource Management concepts
4. The crew concept

Area six : Hazard Identification and Mitigation

1. Four hazard domains
2. Risk mitigation strategies

Area seven : Aeronautical Decision Making

1. Decision processes
2. Limitations and external pressures

Area eight : Safety Management Systems

1. Safety Procedures and Policy
2. Assessing risks
3. Safety Assurance practices
4. Safety promotion

Upon completion of the Small UAS Safety Workshop, the candidate must participate in Unmanned Aircraft (“ UA ”) specific training and demonstrate proficiency in UAS type.

This UA training must include all areas listed below per USI guidelines:Area 1: S yllabu s and I nstruction A dministration

1. Clearly defined objectives for each block of training
2. Training plan defining the number and sequence of events
3. Each training event has a completion standard and has identified items that must
be covered in order to be considered complete
4. Training may include a combination of CBT, classroom, simulation, and live fly however, the program must include the greater of 5 hours or 10 flight training cycles
5. The training plan has standardized grade sheets for each block of train ing and is “signed off” by both the trainee and the instructor
6. The training record is kept for one year after training (digital versions okay)

7. The training operator has an instructor upgrade and qualification program
8. All trainees are required to pass a standardized practical and written test administered by an impartial party (check airman, chief of training, evaluator, etc.)
9. Trainees participate in operations as part of a team conducting full scale operations, not just part tasks as individual crew posi tions
10. Safety program and records of data

Area 2: V ehicle S pecification

1. Is capable of waypoint navigation
2. Has stabilization and stability augmented by automation
3. Has a human machine interface other than just a controller

Area 3: Unmanned Aircraft V ehicle S pecific M odule

1. Systems components and functions
2. Flight controls, aerodynamics and modes of control
3. Telemetry and displays
4. Payloads and use
5. Data link equipment, operational bands, and limitations
6. Mission/operation planning software
7. Performance and limitations
8. UAS flight manual and documents review

Area 4: P re - flight P rocedures M odule

1. Certificates, logs and documents
2. Preflight inspection
3. Control station and antenna equipment setup (if applicable)
4. Launch and recovery equipment, operational use, servic e limits, setup and
teardown
5. Engine/motor starting
6. Before takeoff check

7. Radio/communications with ATC or CTAFArea 5: L aunch and R ecovery P rocedures M odule

1. Normal and crosswind launch and recovery
2. Normal and crosswind approach
3. Confined area operations (if applicable to UAS)
4. Go

- around
5. Controlling rate of descent (if applicable to UAS)

Area 6: H over/ O rbit M aneuvers M odule

1. GPS fixed position hold
2. Hover
3. Station keeping to maintain a fixed orbit around a point

Area 7: O perational M aneuvers M odule

1. Departure climb outs
2. Level off/routine checks
3. Establishing and maintaining alt.
4. Straight and level flight

5. Airspeed change, straight

- and

- level
6. Clearing turns with aircraft or payload (if applicable)

7. Climbs
8. Systems monitoring during turns
9. Inflight change of waypoints or flight path
10. Descends or arrival profiles
11. Edge of visual range operations
12. In

- flight checks of the system
13. Proper checklist usage (if applicable)

Area 8: N avigation M odule

1. Use of local area map for orientation
2. Map reading (aeronautical charts)
3. Correlation of aircraft position with map
4. Maneuvering within assigned airspace
5. Using visual landmarks in flight
6. Waypoint placement and selection(if applicable)

7. Switching autopilot modes of control (if applicable)
8. Data link management
9. Use of fail safes or “geo fences” to limit UAS operations (if applicable)
10. Calculation of actual fuel/energy consumption
11. In

- flight navigation or flight path planning
12. Calculation/compensation for in flight winds
13. Calculation of estimated time of arrival (eta)

Area 9: A irmanship M odule

1. GCS and flight line safety procedures
2. Flight line and air discipline
3. Airmanship, judgment, & decision making and situation awarenessArea 10: A bnormal and E mergency M odule

1. Loss of data link
2. Systems and equipment malfunction
3. Aircraft runaway
4. Flight termination
5. Uncontrolled flight into an obstacle
6. Airspace violation

7. Stalls or abnormal flight recovery procedures

Area 11: C rew I nteraction M odule

1. Collision awareness using a visual observer
2. Crew communication and coordination
3. Briefing and debriefing
4. Recovering from l oss of situation awareness
5. Identifying lapses in flight safety

Area 13: P ost

- F light M odule

1. After landing checks
2. Post landing procedures
3. Engine shutdown checks
4. Equipment tear down (if applicable)

5. Servicing or minor repairs to the systems
6. Completion of flight time logs

7. Completion of maintenance logs
8. Safety procedures for securing UAS components

This course of study and practice comprise the advanced flight safety training provided by USI and is widely recognized by the world’s leading aviation insurance underw riting organizations and brokerage firms . This training, in conjunction with the additional requirements for UAS PIC noted above, will ensure the operator conducts flight safety practices of the highest standards.

VI I

. DRUG AND ALCOHOL PROGRAM

As set forth in the Manual, USI is committed to a drug

- free work place and the right of the flying public it serves to safe and efficient flight service . All employees of USI who perform safety sensitive and/or security related functions are prohibited fro m performing work if they have alcohol or a prohibited drug in their system.

VII I . PUBLIC INTEREST

Granting USI’s exemption request furthers the public interest. National policy set by Congress favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this petition. In addition, maintaining industrial safety has been a priority of state and local governments for decades. By its nature, theproposed use of sUAS offer s sup erior safety to performing the same tasks with

conventional aircraft or rotorcraft.

In addition, granting the exemption will help advance the knowledge base for conducting commercial UAS operations. USI is committed to working with the local FSDO to sha re data from its operations

.

This additional data will help the FAA set future rules regarding UAS flight operations, maintenance, and crew qualifications. The public also has an interest in reducing the

hazards and emissions associated with alternate us e of conventional aircraft to conduct similar operations. The UAS in question is very light weight and does not carry any flammable fuel, further reducing the risk from any potential accident.

IX . PRIVACY

All flights will occur in accordance with any state or local laws regarding privacy.

X. FEDERAL REGISTRY SUMMARY

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

USI seeks an exemption from the following rules:

• 14 CFR Part 21, Subpart H

• 14 CFR Part 27

• 14 CFR 45.23(b)

• 14 CFR 61.113 (a) & (b)

• 14 CFR Part 61.133 (a)

• 14 CFR 91.7(a)

• 14 CFR 91.9(b) (2)

• 14 CFR 91.103

• 14 CFR 91.109(a)

• 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 91.407(a)(1)

• 14 CFR 91.409(a)(2)

• 14 CFR 91.417 (a) & (b)

Approval of these exemptions will allow USI to offer flight safety training for a number of

customers in the industries and applications noted above

.The exemptions will enhance safety by reducing risk to the general public and property owners from the hazards associated with performing equivalent work with conventional

aircraft and rotorcraft.

X I . CONCLUSION

Satisfac tion of the criteria provided in Section 333 of the Reform Act of 2012

- size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line of sight, and national security

- provides more than adequate justification for the grant of the requested exemptions to permit USI to o perate sUASs and provide on

- demand UAS services to private entities.

Granting the requested exemption will benefit the public interest as a whole in many ways, including (1) significantly improving safety and reducing risk by alleviating human exposure t o danger, and (2) improving the quality of services and decreasing operating costs compared with conventional flight operations.

If you have any questions or require any additional informat ion, please do not hesitate

to call.

UNMANNED SAFETY INSTITUTE, LLC

________________________________ Alex Mirot, President (386) 866

- 0471

Attachments: Operations Manual and Emergency Response Plan (submitted as a

Confidential Document s under 14 C.F.R. § 11.35(b) and exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 552 et seq., and any other requirements established by the FAA pursuant to Section 333 of the Reform Act).