September 21, 2015

U.S. Department of Transportation Docket Operations, M

- 30 1200 New Jersey Avenue, SE

Room W12

- 140, West Building Ground Floor Washington, DC 20590

- 0001

Re: Petition of Apple Inc. for an Exemption Pursuant to Section 333 of the FAA
Modernization and Reform Act of 2012 to Operate Unmanned Aircraft System s for Aerial Data Collection, Photography, and Videography

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, Apple Inc. (“ Applicant ”) hereby applies for an exemption from the Federal Aviation Regulations identified below to allow for the commercial operation of

the unmanned aircr aft systems described below for aerial data collection, photography

, and videography

.

Applicant requests that the FAA review this petition pursuant to its “summary grant” process as the FAA has already granted exemptions similar in all material respects to this petition. See FAA Grant of Exception Nos. 11062, 11109, 11112, and 11213. The reasons stated by the FAA in granting the exemptions listed above also apply to this petition, and the grant of this petition is in the public interest.

I. REGULATIONS FOR WHICH EXEMPTION IS R EQUESTED

Applicant requests exemption from the following regulations:

 14 C.F.R Part 21, Subpart H;

 14 C.F.R Part 27;

 14 C.F.R § 45.23(b);

 14 C.F.R. § 45.27(a);

 14 C.F.R § 61.113;

 14 C.F.R § 91.7(a);

 14 C.F.R § 91.9(b)(2);

 14 C.F.R § 91.9(c);

 14 C.F.R § 91.103;

 14 C.F.R § 91.109(a);

 14 C.F.R § 91.119;September 21, 2015

Page 2

 14 C.F.R § 91.121;

 14 C.F.R § 91.151(a) & (b)

 14 C.F.R § 91.203 (a) & (b);

 14 C.F.R § 91.405(a);

 14 C.F.R § 91.407(a)(l);

 14 C.F.R § 91.409(a)(2);

 14 C.F.R § 91.417 (a) & (b).

II. STATUTORY AUTHORITY FOR REQUESTED EXEMPT IONS

This petition for exemption is submitted in accordance with Section 333 of the Reform Act. 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 operation of an unmanned aircraft system (“UAS”) where it does not create a hazard to users of the national airspace system ( “ NAS ” ) or the public or p ose a threat to national security based on the following considerations:

 The size, weight, speed and operational capability;

 Operation in proximity to airports and populated areas; and

 Operation within visual line of sight of the operator.

T he Federal Aviation Act grants the FAA Administrator authority to grant exemptions from the agency ’ s safety regulations and minimum standards when the Administrator decides a n exemption is in the public interest. See 49 U.S.C. §§ 106(f), 44701

- 44716, et seq

.

III. CONTACT INFORMATION FOR APPLICANT

Applicant’s address and counsel of record are listed below.

Apple Inc. , Applicant 1 Infinite Loop Cupertino, CA 95014 William D. Janicki , Counsel for Applicant Schnader Harrison Segal & Lewis LLP
650 California St. 19 th Floor San Francisco, CA 94108
4 15

- 364

- 6729
WJanicki@Schnader.com

IV. DESCRIPTION OF PROPO SED OPERATIONS

Apple Inc. , is a leading manufacturer of electronic devices

. Applicant is requesting exemptions from applicable Federal Aviation Regulations (FARs) pursuant to Section 333 of the

Reform Act for aerial data collection, photography

, and videography

. This type of aerial imagery and data collection is typically performed by heli copter or fixed wing aircraft. Use of aSeptember 21, 2015

Page 3

UAS will greatly reduce safety risks because the UAS will not carry flammable fuel or a pilot, and UAS operations can be performed at considerable savings and allow for better imagery.

A. Aircraft to be Operated

Applic ant intends to operate the UASs identified below (together, the “Aircraft”). This petition incorporates the material contained in the Manufacturer’s Manuals (together, the “Manuals”)

. 1 Each UAS is more fully described in its User Manual. (See Footnote 1.)

1. DJI Phantom 3

Applicant will operate the DJI Phantom 3 shown in Figure 1 below

. The FAA has already approved use of the Phantom 3 in FAA Exempti on No. 11696 ( Docket No. FAA

- 2015

- 0746 ).

Figure 1

– DJI Phantom 3

1 The DJI Phantom 3 Manuals are publically available at http://www.dji.com/product/phantom

- 3/download The DJI Inspire 1 Manuals are publically available at http://www.dji.com/product/inspire

- 1/download

The DJI Matrice 100 Manuals are publically available at https://dev.dji.com/en/products/flying

- platforms/matrice

100/downloads

The Aibotix Aibot x6 Manuals a re publically available at https://www.aibotix.com/en/overview

- aibot

- uav.html

The AscTec Falcon 8 Manuals are publically available at http://www.asctec.de/downloads/public/AscTec

Professional_Line_Catalogue.pdf

The Sensefly Exom Manuals are publically available at https://www.sensefly.com/drones/exom.html

The SenseFly eBee Manuals are publically available at https://www.sensefly.com/drones/ebee

- ag.html

The SenseFly Swinglet CAM Manuals are publically avail able at https://www.sensefly.com/drones/swinglet

cam.html

The Dronelife LA300 Manuals are publically available at http://www.dronel ife.com/cms/product/LA300

The C

- Astral Bramor gEO Manuals are publically available at http://www.c

- astral.com/en/products/bramor

- geo The C

- Astral Bramor rTK Manuals are publically available at http://www.c

- astral.com/en/products/bramor

- rtkSeptember 21, 2015

Page 4

2. DJI Inspire 1

Applicant will operate the DJI Inspire 1 shown in Figure 2 below

. The FAA has already approved use of the Inspire 1 in FAA Exempti on No. 12411 (Docket No. FAA

- 2015

- 2186 ).

Figure 2

– DJI Inspire 1

3. DJI M at rice 100

Applicant will operate the DJI Matrice 100 shown in Figure 3 below

.

Figure 3

– DJI Matrice 100

4. Aibotix Aibot x6

Applicant will operate the Aibotix Aibot x6 shown in Figure 4 below

. The FAA has already approved the Aibot x6 in FAA Exempti on No. 11545 ( Docket No. FAA

- 2015

- 0399 ).S eptember 21, 2015

Page 5

Figure 4

– Aibotix Aibot x6

5. AscTec Falcon 8

Applicant will operate the AscTec Falcon 8 shown in Figure 5 below

. The FAA has already approved the Falcon 8 in FAA Exempti on No. 12075 (Docket No. FAA

- 2015

- 1370 ).

Figure 5

– AscTec Falcon 8

6. Sensefly Exom

Applicant will operate the Sensefly Exom shown in Figure 6 below

. The FAA has already approved the Exom in FAA Exempti on No. 12106 (Docket No. FAA

- 2015

- 0789 ).

Figure 6

– Sensefly ExomSeptember 21, 2015

Page 6

7. Sensefly eBee

Applicant will operate the Sensefly e B ee shown in Figure 7 below

. The FAA has already approved the eBee in FAA Exempti on No. 1210 6 (Docket No. FAA

- 2015

- 0789 ).

Figure 7

– Sensefly eBee

8. Sensefly Swinglet CAM

Applicant will operate the Sensefly Swinglet CAM shown in Figure 8 below.

Figure 8

– Sensefly Swinglet CAM

9. Dronelife LA300

Applicant will operate the Dronelife LA300 shown in Figure 9 below

.September 21, 2015

Page 7

Figure 9

– Dronelife LA300

10. C

- Astral B r amor gEO

Applicant will operate the C

- Astral Bramor gEO shown in Figure 10 below

. The FAA has already approved the gEO in FAA Exempti on No. 11895 (Docket No. FAA

- 2015

- 1031 ).

Figure 10

– C

- Astral Bramor gEO

11. C

- Astral B r amor rTK

Applicant will operate the C

- Astral Bramor rTK shown in Figure 11 below

.

Figure 11

– C

- Astral Bramor rTKSeptember 21, 2015

Page 8

B. Applicant ’s Proposed Operations Demonstrate an Equivalent Level of

Safety

1. General Description of Proposed Flight Operations

Applicant proposes to operate within the limitations and performance speci fications listed in this application and in the Manuals . These limitations prov ide for at least an equivalent, or higher, level of safety for operations under the current regulatory structure because the proposed operations are safer than conventional operations using helicopters or fixed wing aircraft which carry an operator and fla mmable fuel. The proposed flight operations are similar in all material respects to operations already approved by the FAA and are therefore subject to the FAA’s “summary grant” process.

The proposed operations do not create any hazard to users of the NAS or pose a threat to national security. The A ircraft are battery operated with a maximum flight time of less than 25

minutes. The Aircraft weigh less than 55 pounds

. The Aircraft will be operated at or below 4 00

feet AGL within the visual line of sight o f the pilot in command

. UAS operations will be over private or controlled access property with the permission of the owner/controller or authorized

agent.

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident.

The p roposed UAS carry no fuel, and therefore the risk of fire following an incident or accident due to fuel spillage is eliminated. Compared to manned aircraft, the UAS being operated by the Applicant reduces the risk to participating persons in close proximit y to the aircraft due to the limited size, weight, operating conditions, and design safety features.

The Applicant’s A ircraft ha ve the capability to operate safely after experiencing certain

in

- flight failures , as specified in the Manuals. The Aircraft ar e also able to respond to a lost

- link event with a pre

- coordinated, predictable, automated flight maneuver.

2. Specific Limitations on Proposed Flight Operations

Given the small size involved, the restricted environment within which they will operate, the procedures listed below, and pilot certification requirements, Applicant ’s proposed operations would “ not create a hazard to users of the national airspace system or the public or pose a threat to national security. ” Reform Act Section 333(b)(1).

1. The Aircraft weigh less than 55 pound s

.

2. Each A ircraft will be identified by serial number, registered with the FAA, and have identification (N

- Number) markings as large as practicable.

3. Flights will be operated within visual line of sight of the pilot in command (PIC).September 21, 2015

Page 9

4. Prior to each flight, a zero altitude initiation point will be established and

confirmed for accuracy by PIC.

5. The PIC will ensure that before each flight, t here is enough available power for the UAS to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if

greater.

6. The A ircraft will be operated during daylight and in VFR conditions.

7. Flights will not exceed 400 feet AGL

.

8. Flights will be operated at a lateral distance of at least 50 0 feet from any persons or property not associated with the operation who have not given prior permission.

9. Flights will be limited to a groundsp eed of 100 mph

.

10. Minimum crew for each flight will consist of a PIC and an Observer.

11. The PIC will hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will also hold a current FAA airman medical

certific ate or a valid U.S. driver’s license issued by a state or the Federal

Government

. The PIC will also meet the flight review requirements specified in 14 CFR § 61.56.

12. Prior to the flight, a Mission Plan will be created setting forth the limitations for

the flight as well as contact information for the PIC.

13. Prior to each flight, the PIC will conduct a preflight inspection and determine the UAS is in a condition for safe flight. The PIC will also check for NOTAMS, temporary flight restrictions, and National S ecurity Directives.

14. The PIC will monitor the Aeronautical Emergency Frequency 121.5 MHz.

15. The flight operations will yield the right of way to other manned aircraft operations.

16. All persons who are not involved with Applicant’ s operations will be required to be at least 500 feet from flight operations.

17. The A ircraft will only operate over private or controlled access property with the permission of the owner/controller or authorized representative.September 21, 2015

Page 10

18. The Aircraft will not operate within 5 nautical miles of a n airport unless a letter of agreement is obtained.

19. All required permissions and permits will be obtained from territory, state, county or city jurisdictions prior to flight.

20. Prior to commencing operations, Applicant will obtain a Certificate of Waiver or Authorization (COA) from the FAA.

21. If the A ircraft loses communications, it will have the capability to return to a pre

determined location within the operational area and land. The UAS will utilize a geofence where practicable in case of emergencies.

22. If th e A ircraft loses its GPS signal it will have the capability of being flown manually to a predetermined location within the operational area and land.

23. The flight will be aborted in case of unpredicted obstacles or emergencies.

24. UAS operations will be conduc ted within the parameters of the Manuals.

3. Flight Recovery, Lost Communications, and Lost GPS

Procedures

The flight recovery, lost communications, and lost GPS procedures are more fully

documented in the Manuals. (See Footnote 1.)

V. SPECIFIC FAR EXEMPTI ONS REQUESTED

Applicant seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 61, and 91 for purposes of cond ucting the requested operations . Listed below are (1) the specific FAR sections for which exemption is sought, and (2) the operating procedures and safeguards that Applicant has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. See 14 C.F.R. § 11.81 (e).

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

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

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same applic ation. These criteria are met with this petition , and therefore no exemption is needed. See Grant of Exemption No. 11062 , Docket No.

FAA 2014

- 0352 at 13

- 14, 22. If the FAA determines that there are some characteristics of the

Aircraft that fail to meet the requirements of the Reform Act, an exemption is requested.September 21, 2015

Page 11

Equivalent Level of Safety : The Aircraft are safe when taking into account their size, weight, speed, and operational capability . The y weigh less than 55 pounds and will be flown at speeds less than 100 miles per hour, and in visua l line of sight of the operator. The Aircraft do not carry pilots, passengers, explosive materials, or flammable liquid fuels. The Aircraft will be operated within the parameters of th e Manuals.

The proposed operations will be at least as safe as, or safer than, conventional rotorcraft or fixed wing aircraft operating with an airworthiness certificate without the restrictions and conditions proposed here.

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category

Rotorcraft

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent the UASs would otherwise require cert ification under Part 27, Applicant seeks an ex emption from Part 27 ’ s airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H.

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

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 mu st 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) states:

Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by §

45.23.

14 C.F.R. § 91.9(c) states:

No person may operate a U.S

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

In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft “ have identifica tion (N

- Number) markingsSeptember 21, 2015

Page 12

in accordance with 14 CFR part 45, Subpart C if the markings are “ as large as practicable. ” See Exemption No. 11062, Docket No. FAA 2014

- 0352, at p. 14.

Equivalent Level of Safety : Applicant will mark all UASs with their N

- Number i n a prominent spot on the fuselage with markings that are as large as practicable.

D. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Applicant seeks exemption from 14 CFR § 61.113, which restricts private pilots from flying aircraft for compensation or hire and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matc hes the airspace in which the PIC will be operating, as well as requiring certifications if the pilot is carrying passengers or cargo for hire.

While the UAS will be operated as pa rt of a commercial operation, they carry neither passengers nor cargo. In t he Grant of Exemption in FAA Docket No. FAA

- 2014

- 0352, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the additional cost and restrictions attendant with requiring the PIC to have a

commer cial pilot certificate and a class II medical certificate. The FAA has also determined that the required knowledge for a commercial pilot covers the same fundamental principles as a private pilot.

The FAA has recently granted exemptions allowing operatio ns by people who hold an airline transport, commercial, private, recreational, or sport pilot certificate with a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state or the Federal

Government

. The PIC must also meet th e flight review requirements specified in 14 CFR § 61.56. See FAA Exemption No. 11374.

Applicant will ensure the PIC will meet the requirements listed in the above paragraph. Applicant will also ensure the PIC will have completed the manufacturers’ training guidelines

outlined in the Manuals

.

The FAA stated in its grant of an exception to Astraeus Aerial the “the FAA considers the overriding safety factor for the limited operations proposed by the petitioner to be the airmanship skills acquired thro ugh UAS

- specific flight cycles, flight time, and specific make and model experience, culminating in verification through testing.” See Exemption No. 11062, Docket No.

FAA 2014

- 0352, at p. 18. The proposed operations can achieve an equivalent level of safet y by requiring the knowledge and experience in the UAS operations described above.

The restrictions A pplicant has placed on its UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA

- 2014

- 0352 and those listed in the FAA’s “summary grant” process.September 21, 2015

Page 13

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

Applicant seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required to the extent that the requirements of Part 21 are waived or found inapplicable. Accordingly Applicant requests that the requirements for Section 91.7 be treated in accordance

with FAR Part 21 S ubpart H. See Grant of Exemption No. 11062, p. 19.

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

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 required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approve d 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 curre nt 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.

Applicant 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 certi ficate and other documentation will be kept at the control 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. See also Grant of Exempt ion No. 11062, pp. 19

- 20, and Grant of Exemption No. 8607.September 21, 2015

Page 14

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

Applicant seeks an exemption from 14 C.F.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. The aircraft will not have a Flight M anual on board. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. Under these circumstances, the FAA has stated that no exemption is required. See Grant of Exemption No. 11062, p. 20. 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 Manuals. The PIC will take all required preflight actions

- including performing all required checklists and reviewing weather, flight requirements, battery charge, landing and takeoff distance, aircraft performance data, and contingency landing areas

- before initiation of fl ight.

The applicable Manuals will be kept at the ground station with the operator at all times.

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

Applicant seeks an exemption from 14 C.F.R. § 91.109(a), which provides that “ [n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. ” UASs and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is

accom plished through the use of the Ground Control Station (GCS) that communicates with the

aircraft via radio communications.

Equivalent Level of Safety: When flight instruction is performed, no pilots will be on

board the aircraft and the GCS will be a safe distance from the aircraft and the public, causing no safety hazard. Given the size and speed of the UAS , an equivalent level of safe training can still

be achieved without dual controls because no pilot or passengers are aboard the aircraft, and all

pers ons will be a safe distance away in the event that the aircraft experiences any difficulties during flight instruction. In addition, Applicant will conduct flight training at a remote facility away from population centers. These training flights will compl y with the provisions in the Manuals. Accordingly, Applicant’s proposed method of operation provides superior levels of safety.

I. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested

Areas

Applicant requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). Section 91.119(c) prescribes that an aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. Th is petition provide s for Appl icant ’s operations at least 500 feet from persons and structures not involved in the operations . The FAASeptember 21, 2015

Page 15

has already determined that relief from Section 91.119(c) is warranted for UAS operations in uncongested areas with similar flight restrictions as thos e imposed by Applicant

. See Grant of Exemption No. 11062, p. 20

- 21.

Equivalent Level of Safety: Compared to flight operations with rotorcraft or fixed wing

aircraft weighing far more than the maximum weights proposed herein, and given the lack of

flammabl e fuel, any risk associated with these operations is far less than those that presently exist with conventional aircraft. An equivalent level of safety wil l be achieved given the size, weight, and speed of the UAS , as well as the locations where it is oper ated. In order to avoid any risk to aircraft, flight op erations will be restricted to 4 00 feet AGL or below. Other aircraft are already prohibited from operating closer than 500 from structures where Applicant proses to operate. This is airspace where othe r aircraft do not normally operate. As set forth in the Manuals and herein, the UAS will be operated in the remote sites , away from persons or structures not

involv ed in the operation. All persons who are not involved with Applicant’s operations will be

re quired to be at least 500 feet from flight operations. This will pose no risk to the public because other aircraft are not operating in these areas

.

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. The Aircraft proposed here use both barometric pressure sensors and GPS to determine altitude but do not have the ability to set in a current altimeter setting. An exemption is required to the extent that the Aircraft do not have a barometric altimeter setting. The altitude of the UAS is monitored by the PIC on the ground control station and by the visual observer.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety can be achieved if the aircraft will be operated at or below 400 feet AGL and with in visual line

- of

- sight in addition to GPS based altitude information relayed in real time to the operator. See Grant of Exemption No. 11062, p. 20

- 21. T he Aircraft will be operated at or below 4 00 feet AGL and otherwise comply with the limitations in the Grant of Exemption No. 11062.

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

Conditions

Applicant 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 begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

-September 21, 2015

Page 16

(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 the UAS battery power means that no meaningful flight operations can be conducted while maintaining a 30 minute reserve. The aircraft a re battery powered with a maximum flight time of less than 25 minutes. The PIC will ensure that before each flight, there is enough available power for the UAS to conduct the intended operation and to operate after that for at least five minutes or with t he reserve power recommended by the manufacturer if greater.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety is provided if the UAS flight is conducted under daytime VFR flight conditions using VLOS, and terminated

with a t least 25% reserve battery power still available. See Grant of Exemption No. 11062, p. 21

- 22. The FAA’s “summary grant” process provides that the PIC is prohibited from beginning a flight unless there is enough available power to conduct the intended oper ation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if

greater. See FAA Exemption No. 11374 (FAA Docket No. 2015

- 0091 at p. 5). The limitations here provide that t he PIC will ensure that bef ore each flight, there is enough available power for the UAS to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

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

Applicant seeks an exemption from the maintenance inspection requirements contained in 14 C.F.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.F.R. Part 43. See

, e.g ., 14 C.F.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 this part and shall between required inspections ... have discrepancies repaired as prescribed in part 43 of this chapter ” ). An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which

the UAS proposed here 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 Manuals. This includes maintenance, overhaul, replacement, and preflight inspectio n requirements

. See Exemption No. 11062 (FAA Docket No. 2014

- 0352, at p. 14

- 15) and Exemption No. 11374 (FAA Docket No.

2015

- 0091, at p. 4).September 21, 2015

Page 17

Applicant will follow the Aircraft manufacturer’s maintenance requirements. F lights will

not be conducted unless a f light operations checklist is performed that includes all of the

aircraft ’ s components.

VI. PUBLIC INTEREST

Granting A pplicant’s petition for exemption furthers the public interest. National policy set by Congress favors early integration of UAS into the NA S in controlled, safe wo rking

environments such as proposed in this petition. By granting this petition

, the FAA will fulfill Congress ’ s intent of allowing UAS to operate safely in the NAS before completion of the rulemaking required under Section 332 of t he Reform Act.

Moreover, use of UAS will promote the efficient use of resources and decrease safety

related incidents involving traditional aircraft. The public has an interest in promoting the use

of UAS and in reducing the hazards and emissions associa ted with alternate use of helicopters and small airplanes to conduct similar operations.

VII. PRIVACY

All flights will occur over private or controlled access property with the owner’s consent

and will be conducted in accordance with any federal, state or loc al laws regarding privacy.

VIII. SUMMARY FOR FEDERAL REGISTER

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 needed:

Applicant seeks an exemption from the fol lowing rules to allow for UAS operations for aerial data collection, photography, and videography : 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 91.9(b)(2); 14 C. F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109(a); 14 C.F.R § 91.119; 14 C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).

The exemption will promote the public interest while enhanc ing safety by reducing risk to the operator, the general public

, and property owners from the substantial hazards associated with performing equivalent operations using conventional aircraft and rotorc raft.September 21, 2015

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IX. CONCLUSION

Applicant has satisfied the requirements of Section 333 of the Reform Act to permit operation the Aircraft proposed here. This petition warrants review by the FAA under the “summary grant” process for immediate approval as this petitio n would not set a precedent, and any delay in acting on this petition would be detrimental to the Applicant.

If you have any q uestions or require any additional information, please do not hesitate to contact the undersigned counsel for Applicant

.

Respectfully submitted, Schnader Harrison Segal & Lewis LLP

Counsel for Applicant, Apple Inc.

By

William D. Janicki Schnader Harrison Segal & Lewis LLP

650 California St 19 th Floor San Francisco, CA 94108

415

- 364

- 6729 wjanicki@Schnader.com