1

**Petition for Exemption 14 CFR § 11.81**  U.S. Department of Transportation August 21, 2015 Docket Management Sy stem 1200 New Jersey

Ave S.E. Washington, D.C. 20590 Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 and Part 11 of the Federal Aviation Regulations from Certain Provisions of 14 C.F.R. Dear Sir or Madam: Pursu ant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Firefl y Aerial Photography Services LLC files this petition for exemption, an operator of Small Unmanned Aircraft Sy stems (“ s UAs”) used for real estate photograph y, remote sensing to support (i) precision farming and other agriculture applications; (ii) asset management for utilities, government agencies, and private firms; (iii) construction and land management; (iv) disaster response and search and rescue; and (v) conducting research flights to collect data and establish and refine forensic processes, procedures, and tools for investigation of accidents and crimes involving UAs, real estate photography ; and (vii) aerial cinematograph y photography for the motion picture/television industry and sports photography 1 Specificall y, petitioner seeks an exemption from the Federal Aviation Regulations (“FARs”) listed in Appendices A and B to allow commercial operation of its UAs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by

the FAA in a grant of this petition. This request is substantially similar to other data collection petitions previously approved, and should be considered under the exp edited summary grant procedure. Additionally , this petition should be eligible for the summary grant because of the voluntary

altitude restriction to 200 feet above ground level (AGL). Approval of the exemption for petitioner will allow commercial operation of the sUASs in Class G airspace nationwide, or as otherwise prescribed by an Air Traffic Organization (ATO) issued COA. The UA operations contemplated b y this petition are in the public interest because they clearl y satisfy the "Four D's" of exemplary uses of UAs: to replace work that is Dangerous, Difficult, Dull, or Dirty, and at the same time provide an equivalent or greater level of safety than alternative manned aircraft operations. The UA covered b y this petition will weigh no more than 55 lbs. (2 4 kg.) , inclusive of battery and payload. Operation of the UAs under the strict conditions proposed below will provide an equivalent level of safety, as Congress intended, while still allowing commercial operations. Operations using these UAs are far safer than conventional operations conducted with helicopters and fixed

- wing aircraft that weigh thousands of pounds, carry

highl y flammable fuel, and operate in close proximity to the ground, trees, infrastructure, and people.

1 conditions proposed by the applicant are drawn from Order 8900.1 CHG 0, Volume 3, Chapter 8

- Issue a Certificate of Wa iver for Motion Picture and Television Filming.2

Congress directed the FAA to consider seven factors in deciding whether to approve Section 333 exemption petitions

- size, weight, speed, operational capability, proximity to airports, proximity

to populated areas, and operation within visual line of sight. In this case, each factor supports the exemption request. In particular, the UA is small, and will operate at slow speeds and close to the ground. It will be able to more safely and efficiently conduct operations . The substantial increase in safety and decrease of risk to human life and to property weighs heavil y in favor of granting the exemption. For your ease in reviewing this petition, please refer to the table of contents which begins on page 3. If I can provide any additional information to assis t your understanding or review of this document, please do not hesitate to contact me at 920

- 946

- 1832 or via email at drotte63@gmail.com

. Daniel R. Otte Owner/PIC Firefl y Aerial Photography Services LLC [FFAPS] W3303 State Road 28 Sheboygan Falls WI 53085 Tel: 920

- 946

- 18323

**I. Published Summary**  **................................ ................................**  **........................... 5**  **II. Petitioner’s Contact Information**  **................................ ................................**  **..... 5**  **III. Proposed Operations**  **................................ ................................**  **......................... 6**  **a. The UAs**  **................................ ................................**  **................................ .........**  **6 b.**  **The Crew ................................**  **................................ ................................**  **....... 7**  **c. Flight Conditions**  **................................ ................................**  **.......................... 7**  **d. Flight Operations**  **................................ ................................**  **......................... 8**  **IV. Aircraft and equivalent level of**  **safety ................................**  **............................. 8**  **V. Proposed conditions and exemptions**  **................................ ...............................**  **9 VI.**  **Privacy ................................**  **................................ ................................**  **................ 12**  **VII. Public interest and safety**  **................................ ................................**  **.................. 13**  **VIII. Regulations from which exemption is requested**  **................................ .............**  **19**

**a. Appendix A: FAR’s as to which Firefly Aerial Photography Services wishes**  **the same determination to be made as has**  **been made previously ................................**  **................................ .................**  **19**
**b. FFAFS argument for exemption from 14 C.F.R. 61.113:**  **Private pilot privileges and limitations: Pilot in Command ....................**  **24 1.**  **The FAA and foreign regulators recognize that obtaining a manned aircraft pilot**  **license is un**
  ** necessary for safe operation of a UA** **................................ ..............**  **24 2.**  **The FAA has and has already exercised the authority to exempt petitioners from the airman certificate**  **requirement ................................**  **................................ ......................**  **27**

**Exhibit 1**

**– Training and operations Manual**  **Doc# QS**
**- 01**  **................................ .........**  **29**4

**I. Publishable Summary**  Pursuant to 14 C.F.R. § 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Petitioner seeks an exemption from the following rules: 14 C.F.R 21(h); 14 C.F.R. 43.7; 14 C.F.R. 43.11; 14 C.F.R. 45.11; 14 C.F.R. 45.27; 14 C.F.R. 45.29; 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(b)(2); 14 C.F.R. 91.105; 14 C.F.R. 91.109; 14 C.F.R. 91.113(b); 14 C.F.R. 91.119 (c); 14 C.F.R. 91 .121; 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) and (b); 14 C.F.R. 215; 14 C.F.R. 91.403; 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 409(a)(1) and (2); and 14 C.F.R. 91.417(a) and (b) to operate commerciall y a small unmanned aircraft sy stem (UA ) (6 lbs. or less). Approval of the exemption requested b y petitioner will allow commercial operation of sUAS for real estate photograph y, remote sensing to support (i) precision farming and other agriculture applications; (ii) asset management for utilities, government agencies, and private firms; (iii) construction and land management; (iv) disaster response and search and rescue; as well as (v) conducting research flights to collect data and establish and refine forensic processes, procedures, and tools for investigation of accidents and crimes involving UAs , (vi) real estate photograph y; and (vii) aerial cinematograph y photography for the motion picture/television industry and sports photography in Class G airspace or as otherwise prescribed in an ATO i ssued COA nationwide. The requested exemption should be granted because operation of small UAs, weighing no more than 55 lbs. (2 4 kg.), inclusive of battery and payload, conducted in the strict conditions outlined below, will provide an equivalent level of safety, while still allowing commercial operations. The lightweight aircraft covered b y the exemption are far safer than conventional operations conducted with helicopters and fixed

- wing aircraft weighing thousands of pounds and carrying highl y flammable f uel, and operating in close proximity to the ground and people. The seven factors Congress directed the FAA to consider when approving Section 333 exemption petitions

- size, weight, speed, operational capability , proximity to airports, proximity to populated areas, and operation within visual line of sight

– each support the request. In particular, the aircraft are small, and will operate at slow speeds, and close to the ground in order to more safel y and efficientl y conduct operations that would otherwise involve a risk of death to the inspectors. The substantial increase of safety and decrease of risk to human life, coupled with the low risk use of UAs to conduct these operations, weigh heavily in favor of granting the exemption. **II . Petitioner’s**  **Contac t Information**  Daniel R. Otte Owner Firefl y Aerial Photography Services LLC [FFAPS] W3303 State Road 28 Sheboygan Falls, WI 530855

**III. Proposed Operations A. The UAs**  The requested exemption will permit petitioner to operate UAVs which weigh no more than 55 lbs. (24 kg) and will be operated as otherwise prescribed in an Air Traffic Organization (“ATO”) issued COA and all other FAA requirements.

**B. The Crew** The crew will consist of a pilot in command

. (PI C) A visual observer (VO) may be used in applicable circumstances , but not required for each flight . The PIC and VO will have, at minimum, have a valid U.S. driver’s license. The PI C and VO will have been trained in operation of UAs generall y and received up to

- date information on the UAs to be operated pursuant to this grant. The PI C will have completed, at a minimum, 25 hours of UA flight training with the specific UAs prio r to operations, and will be required to participate in annual training thereafter. The PI C will have completed the training programs provided by the manufacturer, as described in Exhibit 1, Firefly

Aerial Photography

Services [FFAPS] training syllabus and all requirements set forth b y the FAA

. The VO will have completed the training set forth by the manufactures of the UAV’s being operated, as defined in in Exhibit 1 and as defined by the FAA. The specific conditions of the proposed exemption that rel ate to the training and characteristics of the crew are numbers 3 and 6

- 9 in Section V below. Each has been adopted or imposed by the FAA in numerous previous grants of Section 333 exemption petitions.
**C. Flight Conditions** The UAs will be used for remote sensing to support (i) precision farming and other agriculture applications; (ii) asset management for utilities, government agencies, and private firms; (iii) construction and land management; (iv) disaster response and search and rescue; and (v) c onducting research flights to collect data and establish and refine forensic processes, procedures, and tools for investigation of accidents and crimes involving UAs ; real estate photograph y; and (vii) aerial cinematography photograph y for the motion picture/television industry and sports photography . All flights will be in Class G airspace or as otherwise prescribed in an ATO issued COA under 400 feet above ground level (“AGL”) and under controlled conditions. Petitioner will work with the local FSDO when planning operations. Petitioner will only

operate its UAs in visual meteorological conditions (VMC). The UA will at all times be no less than 500 feet below and no less than 2,000 feet horizontally from a cloud, and petitioner will not conduct operations unless visibility is at least 3 statute miles from the PI C.6

The flight crew will alway s make a safety assessment of the risk of every operation, and will only operate when it is determined that no hazards are present. The following common sense rules wil l be followed: (1) Before your first flight, please allow yourself some flight training (Using a flight simulator to practice fl yi ng, getting instruction from an experienced person, etc.). (2) DO NOT fl y in bad weather, such as rain or wind (more than mod erate breeze) or fog. (3) The fl yi ng field should be open and void of tall buildings or other obstacles; the steel structure within buildings may interfere with the compass. (4) Keep the aircraft away from obstacles, crowds, power lines, trees, lakes and rivers etc. (5) Try to avoid interference between the remote controller and other wireless equipment (No base stations or cell towers around). (6) The flight control s ys tem will not work properly at the South Pole or North Pole. (7) Never use the aircraft in a manner that infringes upon or contravenes international or domestic laws and regulations.
The specific conditions of the proposed exemption that relate to the flight conditions in which the UA will be operated are numbers 2, 4, 16, and 28

- 29 in Section V below. Each has been adopted or imposed b y the FAA in numerous previous grants of Section 333 exemption petitions. **D. Flight Operatio ns**  The purpose of every

UA flight will be to safel y, accurately , and efficientl y support: (i) precision farming and other agriculture applications; (ii) asset management for utilities, government agencies, and private firms; (iii) construction and land m anagement; (iv) disaster response and search and rescue; as well as (v) research flights to develop processes, procedures, and tools for accident and crime investigations of UA’s; (vi) real estate photography ; and (vii) aerial cinematograph y photography fo r the motion picture/television industry and sports photography

. The standard operational procedures that they will follow are set out in the operating documents, specificall y Exhibit 1. Please refer to the following sections of Exhibit 1 for information pertaining to operations: V: Operational Control VI : Operating Procedures Appendix A: Risk Management Petitioner will keep records of operations as indicated in Exhibit 2. The specific conditions of the proposed exemption that relate to flight operations are numbers 11

- 12, 17

- 25, and 32

- 35 in Section V below. Each has been accepted or imposed by the FAA in numerous previous grants of Section 333 exemption petitions.

**IV. Aircraft and Equivalent Level of Safety**7

Petitioner proposes that the exemption apply to UAs that have the characteristics and that operate with the limitations proposed herein. These limitations provide for a level of safety at least an equivalent to or higher than manned aircraft operations un der the current regulatory structure. Section V below identifies the limitations and conditions to which petitioner agrees to be bound when conducting commercial operations under a grant of this petition. Appendix A contains matrix connecting (i) the specific proposed condition with (ii) the FAR provision for which it provides equivalent level of safety and (iii) one or more recent Section 333 exemption grants in which the FAA recognized this equivalent level of safety. Approval of the commercial operations outlined in this petition presents no national security issue.

. **V. Proposed Conditions of the Exemption** 1. The UAs will weigh no more than 55 lbs. (2 4 kg.), inclusive of battery and payload. 2. UA operations un der this exemption will be limited to conducting operations for the purpose of providing (i) precision farming and other agriculture applications; (ii) asset management for utilities, government agencies, and private firms; (iii) construction and land mana gement; (iv) disaster response and search and rescue; and (v) conducting research flights to collect data and establish and refine forensic processes, procedures, and tools for investigation of accidents and crimes involving UAs in Class G airspace nationw ide ; (vi) real estate photograph y; and/or (vii) Cinematograph y for movies and sports , unless otherwise prescribed in an ATO

- issued COA. 3. Flights will be operated within line of sight

. 4. Flights will be operated at an altitude of no more than 400 fe et AGL, as indicated b y the procedures specified in the operating documents. All altitudes reported to ATC must be in feet AGL. 5. The UA will not be flown at an indicated airspeed exceeding 87 knots (100 mph). 6. Minimum flight crew for each operation will consist of the UA pilot in command (PI C) and may include a visual observer (VO) where the pre assessment has deemed it preferable

. 7. The PI C will have, at minimum U.S. driver’s license. 8. The petitioner will not permit any PIC to operate unless the PI C meets its qualification criteria and demonstrates the ability to safel y operate the UA in a manner consistent with how the UA will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PI C qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). A record of the PI C training will be documented and made available upon request b y the Administrator. Training operations will only be conducted during dedicated training sessions. During training, proficiency , and experience

- building flights, all persons not essential for flight8

operations will be considered nonparticipants, and the PI C will operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 9. The VO will not perform any other duties beyond assisting the PI C with seeing and avoiding other air traffic and other ground based obstacles/obstructions, and will not be permitted to operate the camera or other instruments. 10. The PI C will be designated before the flight and will not be allowed to transfer his or her designation for the duration of the flight. The PI C will ensure that the VO can perform the funct ions prescribed in these conditions and the operating documents. 11. A briefing will be conducted in regard to the planned UA operations prior to each day ’s activities. It will be mandatory that all personnel who will be performing duties in connection with the operations be present for this briefing. 12. Prior to each flight, the PI C will inspect the UA, including the Ground Control Station, to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UA, the PI C will not operate the UA until the necessary maintenance has been performed and the UA is found to be in a condition for safe flight. All maintenance and alterations will be properly documented in the aircraft records. 13. Pet itioner will conduct a functional flight test on any UA that has undergone maintenance or alterations that affect the UA operation or flight characteristics, e.g. replacement of a flight critical component. The PI C who conducts the functional test flight w ill make an entry in the aircraft records. 14. The petitioner will carry out its maintenance, inspections, and record keeping requirements, in accordance with the UA manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements set forth in the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul component parts will be noted in the aircraft records, including total time in service, description of work accomplished , and the signature of the authorized person returning the UA to service. The authorized person will make an entry

in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 15. The UA will be operated within visual line of sight (VLOS) of the PI C or VO at all times. This requires the PIC to be able to use human vision unaided b y an y device other than corrective lenses. PI C and VO will at all times be able to communicate verball y. They will not be permitted to use electronic messaging or texting to communicate during flight operations. 16. The PI C will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and prepare to land each UA with 20% battery life remaining. 17. Actual total flight time for each operational flight will result in no less than a 20% battery reserve.9

18. The UA will have the capability to abort a flight in case of une xpected obstacles or emergencies. 19. The UA will be programmed so that if it loses communications or loses its GPS signal, it will return to a pre
- determined location within the planned operating area and land or be recovered in accordance with the ope rating documents 20. If the UA and its radio control link disconnect during flight, the s ys tem’s failsafe protection will be triggered and the multirotor will return to home and land automatically , rather than flying off uncontrollabl y or landing at an unknown location. 21. The operating documents required under 14 CFR §§ 91.9 and 91.203 will be maintained and available to the PIC at the Ground Control Station of the UA an y time the UA is operating. These documents will be made available to the Adminis trator or an y law enforcement official upon request. If a discrepancy exists between the conditions and limitations in the exemption grant and the procedures outlined in the operating documents, the grant conditions and limitations will take precedence and will be followed. Otherwise, the petitioner will follow the procedures outlined in its operating documents. If it updates or revises it’s operating documents, it will present updated and revised documents to the Administrator upon request. If the petition er determines that an y update or revision would affect the basis upon which the FAA granted the exemption, then the Petitioner will petition for an amendment to the grant of exemption. 22. Petitioner will obtain written and/or oral permission from the l andowners/authorized agents of the landowners over which flights will be conducted. 23. Petitioner will obtain all required permissions and permits from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other app ropriate governmental agencies. 24. UA operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will be conducted under visual meteorological conditions (VMC). Flights will not be conducted under special visual flight ru les (SVFR). 25. The petitioner will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting an y operations under the grant of exemption. All operations will be conducted in accordance with airspace requirements in the ATO issued COA, including class of airspace, altitude level and potential transponder requirements. 26. The UA will not be operated within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management has been obtained. . An y letter of agreement with the airport management will be made available to the Administrator upon request. 27. The UA will not be operat ed less than 500 feet below, or less than 2,000 feet horizontally from, a cloud or when visibility is less than 3 statute miles from the PI C.10

28. All operations shall be conducted in Class G airspace or as otherwise prescribed in an ATO issued COA. 29. All aircraft operated in accordance with this exemption will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

-Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as la rge as practicable. 30. Before conducting operations, petitioner will ensure that the radio frequency spectrum used for operation and control of the UA complies with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 31. The UA will remain clear and yi eld the right of way to all manned aviation operations and activities at all times. 32. The UA will not be operated b y the PIC from any moving device or vehicle. 33. Petitioner will conduct all flight operations at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless one of the following three conditions is met: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The petitioner will ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, the PI C will ensure that flight operations cease immediately

. b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PI C has made a safety assessment o f the risk of operating closer to those objects and determined that it does not present an undue h azard. c. Operations nearer to the PI C, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a). 34. Pe titioner will report any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Petitioner will rep ort accidents to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Website: www.ntsb.gov

.

**VI. Privacy** F irefl y A erial Photography S ervices [FFAPS] will follow the Association of Unmanned Vehicles Sy stems International’s Code of Conduct, available at http://www.auvsi.org/conduct. When11

conducting search and rescue operations, the images received will be turned over to the incident commander (the indiv idual in charge of the disaster or search) and the GIS staff on hand, who are almost always law enforcement personnel. This is a similar privacy protocol to when taking pictures on the ground for disaster response and search and rescue operations.

**VII. Public Interest and Safety**  The planned UA use will increase ground safety for (i) precision farming and other agriculture applications; (ii) asset management for utilities, government agencies, and private firms; (iii) construction and land management; ( iv) disaster response and search and rescue; and (v) conducting research flights to collect data and establish and refine forensic processes, procedures, and tools for investigation of accidents and crimes involving UAs ; (vi) real estate photograph y; and (vii) aerial cinematography photograph y for the motion picture/television industry and sports photography . The enhanced safety and reduced environmental impact achieved using a UA with the specifications described by the petitioner and carrying no passenger s or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UA operation enabled b y this exemption is in the public interest. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

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

– provide more than adequate justification for the grant of the requested exemption allowing commercial operation of petitioner’s UAs, pursuant to FFAP S ’s rules of operation. **A. Precision Farming and Agriculture Applications** The planned UA use will increase ground safety in the precision agriculture industry . The enhanced safety

and reduced environmental impact achieved using a UA with the specifications described b y the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantl y greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UA operation enabled by this exemption is in the public interest. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

– size, weight, speed, oper ating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

– provide more than adequate justification for the grant of the requested exemption allowing commercial operation of petitioner’s UA for precision agriculture operations, pursuant to petitioner’s rules of operation.
Use of UA technology

to assist in precision agriculture is a benefit not onl y to farmers, but to the public as a whole, and to the environment. Farmers will have great er analy tical tools at their disposal for managing crops, leading to decreased use of resources. This will result in both reduction of cost and increase in quality

– benefits that will be passed on to the public. Additionally , using less water and chemical s during commercial farming operations will reduce the impact that the operation has on the environment.12

As Jeff Vanderwerff testified on behalf of the American Farm Bureau Federation before members of the Senate Committee on Commerce, Science, & Transpo rtation on March 24, 2015: [The benefit of UA comes from] their ability to provide detailed scouting information on weed emergence, insect infestations and potential nutrient shortages. This valuable information allows the farmer to catch these threats bef ore they develop into significant and catastrophic problems. By addressing threats quickly , the farmer has a greater likelihood of being able to respond appropriatel y so as to optimize yields. The imagery

from UAS also allows the farmer to spot

- treat sections of the fields as opposed to watering or spraying the entire field. The quicker a farmer can discover a potential threat, the quicker the farmer can address the issue. Images from UAS allow the farmer to identify the specific location where a specific treatment

– be it fertilizer, water, pesticides, or herbicides is necessary ; in doing so, the farmer can eliminate the need to use these applications more broadl y across the entire field. **By spot**
**- treating threats to the crop, the farmer not only**  **l owers the cost**  **of treatment but also has the potential of lowering the environmental impact by minimizing**  **application.”**( Emphasis added) 2 The FAA has previously

determined that commercial UA use for the precision farming industry is within the public interest. It has approved the E384 for precision farming and agriculture a pplications in Exemption No. 11166. Additionally , the FAA has previously approved a variety of other UAs for commercial precision farming and agriculture applications in Exemption Nos. : 11110 (precision aerial survey s); 11136 (photogrammetry

and crop scouting in order to perform precision agriculture); 11167 (high

- resolution aerial imagery in support of biomass anal ys is and estimation, yi eld monitoring, leaf area indexing and reporting of geographical data and overall crop health to a domestic agricultural seed company); 11170 (precision agriculture operations); 11177 (commercial precision agriculture survey s); 11192 (aerial photography and 3D mapping for the agriculture industry); 111 93 (precision photogrammetry and crop scouting for precision agriculture); 11195 (aerial photography for agriculture); 11222 (collect high quality , actionable data for use by agronomists, crop consultants, and forestry professionals); 11223 (precision agri culture survey and inspection operations); 11226 (precision aerial survey s); 11228 (aerial acquisition and research in support of the agriculture industry); and 11229 (aerial acquisition and research in support of the agriculture industry).

2 Unmanned Aircraft Systems: Key Considerations Regarding Safety, Innovation, Economic Imp act, and Privacy Before the S. Comm. On Commerce, Science, &Transportation , 114th Cong. 1 (2015) (written statement of Jeff Vanderwerff on behalf of the American Farm Bureau Federation).13

**B. Asset Management Applications** Petitioner proposes utilizing its UAs for asset management applications including windfarm, power transmission sy stem, and pipeline inspections. Currently , man y wind farm inspections are conducted by people in harnesses, dangling from each individual tower, and power transmission sy stem and pipeline inspections are conducted by individuals in manned aircraft. Both wind farm and power transmission sy stems inspections involve a serious risk of falls. Wind farm inspectors often conduct inspections of towers and blades from the structure and are at risk of falling, sometimes over 100 feet or more. 3 Similarly , inspectors of power transmission sy stems have a similar risk of falling, which is augmented b y the danger of being near electrical wires. There have been several instances in recent ye ars in which inspectors and crew members lost their lives performing these inspections. Three people were killed in an accident in Silt, Colorado in January 2014. The helicopter struck the power line and crashed, quickly killing all those on board. 4 Two people lost their lives in a similar situation in August 2014 in Alabama. 5 In Texas, in 2013, two transmission line inspectors that were suspended from the helicopter by large cables were killed when the cables struck the power line and snapped. 6 Moreover, especiall y in populated areas, the use of manned helicopters to conduct these inspections creates a substantial risk of injury or death for i ndividuals on the ground. Additionally , people involved in pipeline inspection must walk along the pipeline with sensor equipment. This can be time consuming, due to the length of pipelines. Inspectors may also have to traverse lengths of the pipeline in adverse weather and geographic conditions. Furthermore, inspectors may be exposed to hazardous materials, such as crude oil and natural gas. According to the U.S. Department of Transportation’s Pipeline and Hazardous Materials

3 United States Department of Energy , Occupational Safety & Hazard Administration, Green Job Hazards: W

ind Energy

– Falls , https://www.osha.gov/dep/greenjobs/windenergy _falls.html

.
4 Brian Hernandez, 3 Killed in Crash W hen Helicopter Hits Power Lines Near Silt in Western Colorado , ABC7 N EWS D ENVER Jan. 27, 2014, http://www.thedenverchannel.com/news/localnews/3

- killed

- in

- helicopter

- crash

- near silt01272014

5 Power

- line

- inspection Copter Crashes in Alabama; 2 Killed, C OLUMBUS D ISPATCH , Aug. 20, 2014, http://www.dispatch.com/content/stories/national_w orld/2014/08/20/power

- lineinspection

copter
- crashes

- 2

- killed.html

6 Sabra Stafford, Turlock Man Killed in Power Line Accident , T URLOCK J OURNAL (Texas), Aug. 8, 2013, http://www.turlockjournal.com/archives/21204/14

Safety Administration ( PHMSA), in 2014, there were 29 serious pipeline incidents, and an additional 268 significant pipeline incidents, with 19 fatalities and 96 injuries. 7 Conversel y, all three typ es of asset management inspection can be easil y, quickly , and much more safel y, conducted by operators controlling UAs from the ground. Human inspectors will not be at risk of falls from great heights or onto electrical wires, and will not be subjected to the risks associated with manned flight. The FAA has previously

determined that commercial UA use for asset management is within the public interest. It has approved commercial UA asset management applications in Exemption Nos.: 11184 (inspection of towers and structures); 11185 (electric transmission and distribution utility s ys te m monitoring, inspections, and damage assessments); 11217 (aerial inspections of wind turbine blades and towers); 11224 (inspections of energy infrastructure); 11225 (safety inspections and aerial surveying); 11228 (research in support of Government entiti es, utility companies, local infrastructure) 11229 (research in support of Government entities, utility companies, local infrastructure) 11230 (tower inspections and mapping operations to an existing tower structure); 11238 (aerial inspections of electric and gas facilities); and 11239 (utility , power line inspections). **C. Construction and Land Management Applications** Use of a UA for construction and land management applications will provide a greater level of safety than what is currently available. The construction industry has traditionally

been very dangerous for workers, both based on the working conditions and equipment used, including helicopters and cranes. Currentl y, aerial inspections are not done on man y construction projects. Instead, inspecti ons are conducted from the ground, or from within the structure being constructed, giving a limited view of the project. OSHA reports that in 2013, 20.3% of worker fatalities in private industry were related to construction, and the leading cause of those fatalities were falls, with 294 out of the 796 total fatalities. 8 This limits the capabilities of architects and construction crews examining the work that has been done, and could lead to misidentification or

7 The PHMSA defines “serious incidents” a s those including a fatality or injury requiring inpatient hospitalization, but this data excludes first far incidents, which are gas distribution incidents with a cause of “other outside force damages” and sub

- cause of “nearby fire/explosion” as the primary

cause of incident. “Significant incidents” include any of the following conditions, excluding first fire incidents: (1) fatality or injury requiring in

- patient hospitalization; (2) $50,000 or more in total costs, measured in 1984 dollars; (3) highl y vol atile liquid releases of 5 barrels or more or other liquid releases of 50 barrels or more; or (4) liquid releases resulting in an unintentional fire or explosion.

8 United States Department of labor, Occupational Safety & Health Administration Commonly Used Statistics , https://www.osha.gov/oshstats/commonstats.html15

failure to identify

flaws in the construction. Those projects that do incorporate aerial inspections must rely upon manned helicopters or other ty pes of aircraft, devices that can pose a great risk to those piloting and those on the ground below, without providing the most accurate results. Similarly , land management applications are limited to either expensive and dangerous manned flights, or ground

- level inspections that do not capture the full wealth of knowledge available. Alternativel y, using a UA to videotape and photograph these areas will all ow the construction crew to gain a better vantage point of the structure. Safety concerns can be better identified and fixed, and the inspectors will be able to gain a more thorough understanding of construction progress. This UA will be able to provide a quick and cost effective aerial inspection of an entire jobsite, something that is much more difficult to perform without this technology . The device can be used to check the progress of the project and provide visual information on hard

- to
- reach areas that may

not be adequately

inspected otherwise without putting people in danger. UAs can be equipped with specialized cameras and sensors that provide enhanced detection of other concerns, such as gas leaks and lack of structural integrity. The FAA has previously

determined that using a UA will provide an equivalent or greater level of safety than manned flight when inspecting construction sites and has approved Exemption Nos. 11109 (monitor and ensure safety of construction sites), 11204 (aerial photograph y for the architectural, engineering, and construction industry sites), and 11286 (aerial imaging of construction sites). **D. Disaster Response and Search and Rescue** Petitioner wishes to use its UAs when conducting disaster response and search and rescue operations. Although petitioner will not be conducting this sort of operation for profit, because petitioner is a commercial UA operator in other respects, petitioner has included this sort of ope ration in this petition. Petitioner wishes to conduct these operations under the auspices of the FAA. The Owner of FFAFS Mr. Otte wishes to assist where assistance is needed b y using UAs as an aid. The major benefit to conducting disaster response and s earch and rescue operations with a UA rather than a manned aircraft is cost. Government agencies across the country have turned to UAs as a possible source for assistance during emergency situations. The Washington State Department of Transportation has co nducted research on using UAs and determined that they would be useful for both search and rescue and disaster response operations, including avalanche response. The department has previously paid $800 an hour for manned helicopters for search and response operations. 9 The Mesa County, Colorado Sherriff’s Office uses a UA equipped with infrared sensors for s earch and rescue operations, and has projected that a UA costs $25 an hour to operate, compared with manned aircraft, which cost between $400 and $1,20 0 an hour to operate. 10 The

9 Edward D. McCormack, Use of Small Unmanned Aircraft by the Washington State Department of Transportation, 14 (June, 2008) available at http://www.wsdot.wa.gov/research/reports/fullreports/703.1.pdf

.
10 Sheriff Rebecca Spiess, MSCO Unmanned Aircraft Sy stems Team, Frequently Asked16

Henry County , Indiana Office of Emergency Management (“HCOEM”) determined that owning an emergency

response manned aircraft could cost $800,000, not including personnel costs, compared to the one

- time purchase price of $1,700 to purchase their UA, and concluded that investing in a manned aircraft for emergency management would not happen:

“ **The cost to Henry County to use manned aerial services is something that has and**  **most likely will not be budgeted for** .” 11 (Emphasis added). Additionally , operators of UAs are able respond much more quickl y in an emergency than the pilot of a manned aircraft. They can be launched from an area close to the scene of an emergency , compared to a manned aircraft which would depart from an airport, potentially several miles away

from the area of concern. Additionally , pilots of manned aircraft are subject to significantl y more risks by being in the air, while UA operators are able to monitor the situation safely

from the ground. The FAA has previously

approved disaster response operations in Exemption No. 11283 and search and rescue operations in Exemption No. 11282. **E. Research Flights to Develop Processes, Procedures, and Tools for Accident and Crime Investigations of UAs.**  P etitioner wishes to conduct commercial UA operations for the purpose of conducting research flights to collect data and establish and refine forensic processes, procedures, and tools for investigation of accidents and crimes involving UAs. Petitioner wishe s to fly UAs in order to collect flight data and the ground control station and then using forensic analy sis to determine what the UA was doing, where it had been, and other information regarding that flight. Unfortunatel y, the past year in manned aviati on has demonstrated the importance of having a wealth of information regarding airplane disappearances and crashes. The National T ransportation and Safety Board (NTSB) has a database covering civil manned aviation accidents that dates back to 1962. No such record exists for UAs, where the technology is rapidly developing. Itis imperative for the safe integration of UAs into the NAS that this ty pe of research occur.

Questions , available at http://sheriff.mesacounty. us/uav

.
11 Henry County Office of Emergency

Management, Standard Operating Procedures and Standard Operating Guidelines for Unmanned Aircraft Systems (UAS) , 8 (December 4, 2014), available at : http://www.henrycoema.org/forms/HCOEM%20Aerial%20Equipment%20Standard%20Operati ng%20Procedures%20and%20Guidlines%20Ver% 201

- 3.pdf

.17

**F. Real Estate photography.** The planned UA use will increase ground safety for real estate photography. The enhanced safety and reduced environmental impact achieved using a UA with the specifications described by the petitioner and carryingno passengers or crew, rather than a manned aircraft of s ignificantl y greater proportions, carryin g crew in addition to flammable fuel, gives the FAA good cause to find that the UA operation enabled by this exemption is in the public interest. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

– size, weight, speed, operat ing capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

– provide more than adequate justification for the grant of the requested exemption allowing commercial operation of petitioner’s UA in the purposes of commercial real estate photography , pursuant to FFAPS rules of operation. The FAA has previously

approved members of the DJ I Phantom family for real estate photography in Exemption Nos. 11191, 11195, 11271, 11295, 11300, and 11318. Congress’s determination that government agencies should be allowed to operate such aircraft in these situations, with no further restrictions on location, population density , or pilot experience and training, indicates that Congress did not believe that aircraft of this size and weight warranted additional attention. **G. Aerial cinematography photography for the motion picture/television industry and sports photography**  **.** The planned UA use will increase ground safety for motion picture and sport photograp hy

. Approval of exemptions allowing commercial operations of sUASs in the film industry will enhance safety

by reducing risk. Conventional film operations, using jet or piston power aircraft, operate at extremely

low altitudes just feet from the subject b eing filmed and in extreme proximity to people and structures; and present the risks associated with vehicles that weigh in the neighborhood of 4,000lbs., carrying large amounts of jet A or other fuel (140 gallons for jet helicopters shown below). Such ai rcraft must fl y to and from the film location. In contrast, a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is carried to the film set and not flown. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.18

Additionally

in sports applications cranes carrying human occupants operating video cameras are used regularl y to film practices and large equipment strapped to cable networks are used to operate video equipment over players and staff. On at least one occasion, this equipment has malfunction ed and crashed to the ground causing injury to those below. UAVs are lighter and more maneuverable and thereb y significantl y reduce the risk of injury . Eliminated raising people into the air to achieve video during practice significantly reduces the risk o f injury to people. The enhanced safety and reduced environmental impact achieved using a UA with the specifications described by the petitioner and carryingno passengers or crew, rather than a manned aircraft of significantly greater proportions, carryi ng crew in addition to flammable fuel, gives the FAA good cause to find that the UA operation enabled b y this exemption is in the public interest. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

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

– provide more than adequate justification for the grant of the requested exemption allowing commercial operation of petitioner’s UA in the purposes of commercial real estate photography , pursuant to FFAPS rules of operation. The FAA has previo usly

approved the use of UAVs under 55 lbs to be used in the filming of Motion picture filming. Congress’s determination that government agencies should be allowed to operate such aircraft in these situations, with no further restrictions on location, population density , or pilot experience and training, indicates that Congress did not believe that aircraft of this size and weight warranted additional attention.19

**V III. Regulations from Which Exemption is Requested**  **A. A**  **ppendix A : F**  **AR s as to which**  **FFA PS**  **wishes the same determination to be made as has been**  **made previously.**
**FA R**  **Provision Ap**  **plicable condition(s) in Section 5 of petition**  **FA A**  **Exemption Decision**

21(h) 1, 2, 3, 4, 5, 15, 24, 27, 28, 33 ,34 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11111, 11110, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184,11185, 11188, 11189, 11191, 11192, 11193, 11195
43.7 13, 14 No. 11208
43.11 12 No. 11208
45.11 29 ,30 No. 11208 45.23 (b)
45.27 29 ,30 No. 11188
45.29 29 ,30 Nos. 11136, 11157, 11170, 11185, 11193 61.23(a) and (c) 61.101 (e) (4) and (5) 61.113(a) (b) 61.315(a) 7 See Appendix B for argument regarding why petitioner should be exempted from the private pilot license requirement

91.7(a) 12 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 1 1110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11177, 11178, 11184, 11185, 11188, 11189, 11191, 11192, 11193, 11195, 1120420

**FA R**  **P rovision**  **Ap plicable condition(s) in** 

**Section 5 of petition FA**  **A Exemption Decision** 

91.9(b)(2) 22 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110,11111, 11112, 11114, 11136, 11138, 11150, 11153,11156, 11157, 11174, 11177, 11178, 11184, 11185,11189, 11192, 11193, 11195 91.9(c) 30 Nos. 11136, 11170, 11171, 11174, 11185
91.103 91.103(b)(2) 3, 9, 15, 16, 17, 18, 19, 20,

27 ,28 No s . 11062, 11063, 11064, 11065, 11066, 11067,11080, 11109, 11138, 11150, 11153, 11156, 11158,11160, 11161, 11166, 11167, 11171, 11172, 11176,11177, 11178, 11184, 11185, 11188, 11188, 11189,11191, 11192, 11193, 11195, 11204
91. 105 6 No. 11185
91.109 7,8 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11166, 11167, 11170, 11171, 11174, 11177, 11184, 11185, 11189, 11191, 11192, 11193, 11194, 11195, 11206, 11208 91.113(b) 3,31 ,32 No. 1123821

**FAR Provision**  **Applicable condition(s) in Section 5 of petition**  **FAA Exemption Decision**

91.119 91.119(c ) 4,33 Nos. 11162, 11163, 11164, 11165, 11166, 111080, 111109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11160 11161, 11166,11167, 11170, 11171, 11172, 11174, 11176, 11178,11185, 11188, 11189, 11190, 11193 91.121 4 Nos. 11162, 11163, 11164, 11165, 11166, 111080, 111109, 11136, 11138, 111 50, 11153, 11156, 11160 11161, 11166, 11167, 11170, 11171, 11174, 11176, 11178, 11185, 11188, 11189, 11190, 11193 91.151(a) 16, 17 , 18 Nos. 11110, 11153, 11156, 11161; 111109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11160 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11178, 11185, 11188, 11189, 11190, 11193 91.203 (a) and (b) 21 , 22 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195 91.215 25,26 , 27 Nos. 11185, 11195 91.403 12,13,14 No. 1118522

**FAR Provision**  **Applicable condition(s) in Section 5 of petition**  **FAA Exemption Decision** 91.405(a) 12,13,14 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195, 11204 91.407(a)(1) 14 Nos. 11062, 11063, 11064, 11065, 11066,11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 1115 3, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195, 11204 91.409(a)(1) (2) 12,13,14 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189,11191, 11192, 11193, 11195, 11204 91.409(a)(2) 12,13,14 Nos . 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195, 1120423

**FAR Provision**  **Applicable condition(s) in Section 5 of petition**  **FAA Exemption Decision**
91.417(a) (b) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195, 11204 91.417(b) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066, 11067 , 11080, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11160, 11161, 11166, 11167, 11170, 11171, 11172, 11174, 11176, 11177, 11178, 11184, 11185, 11188, 11188, 11189, 11191, 11192, 11193, 11195, 1120424

**B. Appendix B:**  **Fire Fly Aerial Photography Services argument for exemption from 14**  **CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a).**  Firefl y Aerial Photography Services requests an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), so that the PI C of the UA will not be required to possess any

pilot license (sports, recreational, private or commercial). As the FAA and numerous other nat ional airspace regulators have recognized, UA operations conducted by persons who do not hold a pilot’s license can still achieve the equivalent level of safety of current operations by manned aircraft with pilots holding any level of pilot’s license. Although it recognizes that a pilot’s license is unnecessary for safe UA operation, the FAA has to date declined to allow grant exemptions under Section 333 that would permit individuals who possess any pilot license (sports, recreational, private or comm ercial) to conduct commercial UA operations. It has specified two reasons for declining to do so. First, it has stated that it does not possess the authority under Section 333 to exempt individuals from the requirement under 49 U.S.C. §44711 to hold an ai rman certificate authorizing the airman to serve in the capacity

for which the certificate was issued. Exemption No. 11110 at 14. Second, the FAA has concluded that the Department of Homeland Security (DHS) security screening required of all certified airmen meets the statutory requirement in Section 333 that operations not pose a threat to national security. Exemption No. 11110 at 15. Firefl y Aerial Photography Services respectfull y requests that the FAA reconsider its position. There is no dispute that it is unnecessary for an operator of a UA to go through the rigorous process of becoming a certified pilot in order to safely operate a UA. In addition, the FAA does have the authority to exempt UA operators from the requirement in 49 U.S.C. §44711to hold an airman certificate for “serv[ing] in the capacity for which the certificate was issued.” Indeed, it has exercised that authority repeatedl y in the Section 333 proces s. Finally , the FAA’s security concerns can be addressed by a variety of methods involving operator background checks to be conducted b y government agencies. **1. The FAA and foreign regulators recognize that obtaining a manned aircraft**  **pilot license is**  **unnecessary for safe operation of a UA.** The FAA, like the other national airspace regulators that have considered the issue, has concluded that UA operations conducted by persons who do not hold a pilot’s license can still achieve the equivalent level of safety of current operations b y manned aircraft with pilots holding an y level of pilot’s license. In its recent UAS NPRM, the FAA stated: “While these airman certification requirements are necessary for manned aircraft operations, they

impose an unnece ssary

burden for many

small UAS operations. This is because a person ty

pically obtains a private or commercial pilot certificate by learning how to operate a manned aircraft. Much of that knowledge would not be applicable to small UAS operations because a small UAS is operated differentl y than manned aircraft. In addition, the knowledge currently necessary

to obtain a private or commercial pilot certificate would not equip the certificate holder with the tools necessary to safel y operate a small UAS... Thus, requiring persons wishing to operate a small UAS to obtain a25

private or commercial pilot certificate imposes the cost of certification on those persons, but does not result in a significant safety benefit because the process of obtaining the certificate do es not equip those persons with the tools necessary to mitigate the public risk posed by

small UAS operations.” Operation and Certification of Small Unmanned Aircraft, 80 Fed. Reg. 9543 at 9550 (proposed Feb. 23, 2015 (to be codified at 14 C.F.R. Parts 21, 43, 45, et al.). The FAA’s conclusion that manned aircraft flying experience is unnecessary for the operation of a UA is supported b y research b y the FAA and the Arm y Research Laboratory. They demonstrate that UAs, even those much larger than the UAs pro posed b y Firefl y Aerial , can be safel y flown b y non - certificated pilots with a small amount of training. For example, one Army Research Laboratory

study concluded: "[T]he specific motor skills needed to control the radio

- controlled UAV would have to be learned b y aviators independently of the motor skills learned in fl yi ng an aircraft. In particular, the somatic and visual cues that pilots use during aircraft landings would not be useful (and perhaps even counter

- productive) for the different skill sets and perceptual viewpoint necessary

for radio

- controlled landings.” 12 Additional research reports lend further support for the exclusion requested. For example, a report sponsored b y the FAA concluded that "We know that certain s ys tems, like the U.S. Ar my Hunter and Shadow s ys tems, are successfully flown b y pilots with no manned aircraft experience." 13 In addition, foreign government airspace regulators that have examined the issue have consistently

recognized that the skills required to fly a manned aircraft are irrelevant to operating a UA. For that reason, they have concluded that UA operators do not need to have a private or commercial pilot’s license. Canada, for example, does not require a pilot’s license to operate a UA. Transport Canada requires training of UA operators, but that training is limited to pilot ground school and flight operation training on UAs, not manned aircraft. 14 Moreover, Canada

12 Michael J. Barnes, Beverly G. Knapp, Barry

W. Tillman, Brett A. Walters & Darlene Veliki, Crew systems analysis of unmanned aerial vehicle (UAV) future job and tasking environments , Technical Report ARL

- TR

- 2081, Aberdeen Proving Ground, MD: Arm y R esearch Laboratory , page 12 (2000), available at http://www.dtic.mil/dtic/tr/fulltext/u2/a374230.pdf

.
13 Kevin W. Williams, Unmanned Aircraft Pilot Medical Certification Requirements, Report DOT/FAA/AM

- 07/3, FAA Civil Aerospace Medical Institute, page 2, (2007), available at http://fas.org/irp/program/collect/ua

- pilot.pdf . While the authors speculated that UA use in populated areas may

change this assessment, indicating further research was ne eded to address this concern, this concern is inapplicable as Firefl y Aerial’s flights will not be in congested areas. See also Jason S. McCarley & Christopher D. Wickens, Human Factors Implications of UAVs in the National Airspace , Institute of Aviation, Aviation Human Factors Division, University of Illinois at Urbana

- Champaign, 13 (2004), available at http://www.tc.faa.gov/logistics/grants/pdf/2004/04

- G

- 032.pdf

.
14 See Civil Aviation, Standards, Transport Canada, Advisory Circular: Guidance Material for26

allows this training to be “provided b y other pilots, manufacturers, [UA] flight training organizations or . . . self

- taught .” 15 Similarly , the United Kingdom’s Civil Aviation Authority (CAA) recognized that determining “Remote Pilot qualification requirements on the same basis as manned aircraft may yi eld requirements that are too inflexible, too onerous and inappropriate for UAS operations.” 16 As a result, the CAA only requires UA operators to demonstrate UA operator competence. 17 While there are a variety

of way s to demonstrate competence, the most common is to complete a course that will lead to a ground exam and flight test. Australia, too, requires only passage of a UA

- specific ground school program in lieu of a manned airman certificate. 18 Finally , more than a dozen countries, including German y, Italy, France, Spain and the Netherlands, have adopted the National UAS Certificate for Small Unmanned Aircraft (BNUC

- S) Standard for UA pilot certification. 19 Thi s standard results in a ty pe - specific UA certificate and does not require the operator to have a pilot’s license. The process involves taking a short ground school course, passing a ground school test and then passing a practical test on commercial operation of the specific UA per the UA manufacturer’s operations manual. All of this experience and evidence indicates that the proposed exemption will provide a greater level of safety

than operations under 14 C.F.R. §61.113. In this instance, the PI Cs will have gone through training as described above in Section III B. This training and education is focused on UAs generally , and in particular on the aircraft to be operated, rather than taking additional time and risk to train on a manned aircraft, weighing several thousand pounds and carryi ng highl y flammable fuel. The FAA has concluded in the NPRM that such UA

- specific training is more than sufficient to provide an equivalent level of safety for UA operations. Sometime in the next 1824 months, that position will be enshrined in a valid regulation. However, in the meantime, the FAA claims it lacks the authority to relax the requirement to possess a pilot certificate. As we show in the next section, that position is both incorrect and contradicted by the FAA’s recent decisions.

Operating Unmanned Air Vehicle S ys tems under an Exemption at 14 and 18

- 22, (Nov. 27, 2014) available at http://www.tc.gc.ca/media/documents/ca

- opssvs/ac

- 600

- 004.pdf

.
15 Id. at 14. 16 Civil Aviation Authority , Safety Regulation Group, Unmanned Aircraft Sys tem Operations in UK Airspace

– Guidance, Section 2, Chapter 5, Page 2 (Aug. 10, 2012), available at https://www.caa.co.uk/docs/33/CAP722.pdf

.
17 Civil Aviation Authority , Unmanned Aircraft and Aircraft Sy stems, available at http://www.caa.co.uk/default.aspx?catid=1995&pagetype=90

18 Australian Government Civil Aviation Safety Authority , available at http://www.casa.gov.au/scripts/nc.dll?WCMS:STANDARD::pc=PC_100374

.
19 See EuroUSC International, “Pilot Qualification,” available at http://eurousc.com/services/pilot

- qualifications/

.27

**2. The FAA does have, and has already,**  **exercised the authority to exempt petitioners from**  **the airman certificate requirement.** The FAA claims that it lacks authority to exempt UA operators from the requirement of 49 U.S. §44711 to hold an airman certificate authorizing the airman “to serve in the capacity for which the certificate was issued.” See, e.g., Exemption No. 11110 at 14. This claim is inconsistent with both (i) the statutory language of that section and Section 333, and (ii) numerous recent FAA decisions. The operative part of 49 U SC §44711 provides that a “person may not . . . serve in any capacity as an airman with respect to a civil aircraft, . . . used, or intended for use, in air commerce

— (A) without an airman certificate authorizi ng the airman to serve in the capacity for which the certificate was issued . . . “ If the FAA’s interpretation were correct, this language would require that any person wishing to operate a UA for commercial operations have an airman certificate authoriz ing the person to serve as an airman in commercial operations. However, in all of its recent grants of Section 333 petitions, the FAA has

– without explicitly acknowledging the fact

- exempted commercial UA operators from the §44711(A) requirement that they hold an airman certificate authorizing them “to serve in the capacity for which the certificate was issued.” It has done so by allowing them to operate UA so long as they hold a private pilot’s or sport pilot’s authorization, even though such a certificate does not permit commercial operations. Exemption No. 11062 at 15

- 18; Exemption No. 11110 at 14

- 16; Exemption No. 11191 at 3

- 5; and Exemption No. 11229 at 3 and 8. The FAA argues that it cannot exempt petitioners from the requirements of §44711 be cause, while the specific language of Section 333 grants it limited statutory flexibility

relative to 49 U.S.C. §44704 for the purposes of airworthiness certification, Section 333 does not provide flexibility relative to §44711 and other sections of Title 49. Exemption No. 11110 at 14. This argument ignores the plain language of Section 333. The relevant language of Section 333 is: (a) IN GENERAL.

—

Notwithstanding any

other requirement of this subtitle, and not later than 180 day s after the date of enactme nt of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft s ys tems may operate safel y in the national airspace sy stem before completion of the plan and rulemaking required by section 332 of this Act or the guidance require d by section 334 of this Act. (b) ASSESSMENT OF UNMANNED AIRCRAFT SYSTEMS.

—Inmaking the determination under subsection (a), the Secretary shall determine, at a minimum

— (1) which types of unmanned aircraft s ys tems, if any , as a result of their size, weight, speed, operational capability , proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace s ys tem or the public or pose a threat to national security ; and28 (2) Wheth er a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft s ys tems identified under paragraph (1). (c) REQUIREMENTS FOR SAFE OPERATION.

—If the Secretary determines under this section that certain unmanned aircraft s ys tems may operate safel y in the national airspace sy stem, the Secretary shall establish requirements for the safe operation of such aircraft s ys tems in the nati onal airspace s ys tem. The language of Section 333(b) is permissive: it requires that the Secretary “determine, at a minimum . . . whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft s ys tems identified under paragraph (1).” Nothing in (b) precludes the S ecretary from determining whether or not a pilot’s license is required for operation of a UA identified under paragraph (b ) ( 1). Indeed, the FAA has implicitly conceded the point by

granting exemptions from the requirement that commercial UA operators hold a commercial pilot certificate. From an anal yt ical standpoint, there is no difference between granting an exemption from the commercial pilot’s license requirement and granting an exemption from the private or sport pilot’s license requirement. Both are clearl y exemptions from a specific statutory requirement in 49 U.S.C. §44711. If the FAA has the statutory a uthority under Section 333(b) to do the former, it has the same authority to do the latter. 20

20 The FAA has not specifically identified the statutory

provision that underpins its authority to grant the exemptions from the commercial pilot’s license requirement. Whether the statutory basis i s Section 333 or some other provision makes no difference. If there is a basis for a partial exemption from in 49 U.S.C. § 44711, that basis also justifies an exemption from the entire provision.29

**Document # QS**  **- 01**  **Revision # 0 Date Prepared**  **07/26/2015**

**Effective Date Training and Equipment Maintenance manual**  **8/1/2015 Status: FInal** 

**Purpose (Why) The purpose of this manual is to define the process used to train [PIC] Pilot in Command and [VO]**  **Visual observers in the safe and consistent operation and required preflight and post flight operations of UAV’s.**  **Scope (What) All PIC’s and VO’**  **s will undergo the defined training of this manual before commercial operation of UAV’s for Firefly Aerial Photography Services.**  **Responsibility (Who) Pilots, VO’s and maintenance technicians**  **Definitions PIC**  **– Pilot in Command**  **VO –**  **Visual observer UAV**  **– Unm**  **anned Aerial Vehicles**

**Procedure (How)(When)**30

**Personnel Training 1.**  **All PIC’s and VO’s will be required to complete a written knowledge exam equal to the required Sport Pilot license, or as defined by the FFA for operation of UAV’s**  **2. All PIC’s and VO’s**  **will need to complete 25 hours of flight operations under the guidance of an experienced PIC or VO before performing and commercial UAV flights, or a manufacture**  **provided training course for each UAV model to be operated. 3.**  **PIC’s VO’s and maintenance technic ians who inspect UVA pre and post flight or clear UAV’s for**  **operation will be familiar with each individual UAV’s manufacturers manual and recommendations for operation and must sign off as completing the review of manufactures**  **operation manual and operati on recommendation if supplied by the manufacturer.**  **a. In the event, a manufacturer does not supply a operations manual or**  **recommendations of flight, the PIC and VO will complete 25 flight hours with an experienced PIC on each UAV model before conducting comm**  **ercial operations. b.**  **Maintenance technicians must have 3 months of UAV specific experience before eligible to release equipment into operation.** 
**Equipment 1.**  **Equipment will be inspected preflight for the following:**
**ENVIRONMENTAL**

 **Check for**  **people, animals,**  **property in**  **the l**  **ight vicinity.** 
 **Notify any**  **bystanders or**  **nearby property**  **owner of**  **your intentions.** 
 **If flying**  **FPV, discuss**  **flight plan**  **with your**  **check**
**- pilot.** 
 **If flying**  **in controlled**  **airspace ,**  **notify airspace**  **authority of**  **your intentions.** 
 **First Aid**  **I Safety**  **Kit on**  **hand, stocked**  **, readily**  **accessible, and**  **visible to**  **anyone in**  **the area**  **HARDWARE/ EQUIPMENT** 

**VISUALLY INSPECT**  **THE AIRFRAME:** 

 **Cracks (especially**  **in high**  **stress areas**  **like joints).** 
 **Loose or**  **damaged screws**  **I fasteners**  **I bands**  **I straps**  **I ties** 
 **Loose or**  **damaged wiring**  **.**  **Loose or**  **damaged connections**  **( solder,**  **plugs, etc.).** 
 **Inspect prop**  **mounts &**  **screws &**  **apply slight**  **counter pressure**  **on arms**  **to check**  **for loosened**  **construction .**   **FPV, inspect/clean**  **FPV and/or**  **Gopro camera**  **lens and**  **ensure that**  **cameras are**  **secured.**
 **Battery/batteries fully**  **charged, properly**  **seated &**  **secured.**
 **Remove props**  **and test**  **fail**
**- safe**  **behavior (**  **if applicable).** 3 1

 **Props are**  **smooth and**  **free of**  **damage/defect (**  **check blade,**  **surface, &**  **hub)**
**. D**  **Tighten prop**  **adapters (**  **careful not**  **to over**  **tighten which**  **may damage**  **prop ).**  **D Ensure**  **voltage alarm**  **is connected.** 
 **Ensure arming/idle**  **timeout is**  **properly configured**  **( 6**  **- 15**  **seconds is**  **generally acceptable**  **).**
 **Check whether**  **the right**  **model is**  **selected in**  **the transmitter**  **( if**  **applicable).**
 **Check your**  **RC transmitter**  **shows the**  **right range**  **and centering**  **for all**  **sticks.**
 **If desired,**  **perform range**  **test.**
**PRE -**  **FLIGHT**

**POWER UP**  **:**

 **Batteries charged &**  **secured.**
 **Position quad**  **in a**  **level, safe**  **location for**  **takeoff.**
 **for FPV,**  **power up**  **ground station,**  **video receiver,**  **goggles, etc**  **.**  **If using**  **onboard video**  **recorder (**  **i.e., Gopro),**  **turn on**  **camera.**
 **All transmitter**  **controls move**  **freely in**  **all directions**  **.**  **All transmitter**  **trims in**  **its neutral**  **position.**
 **All transmitter**  **switches in**  **correct position**  **( typically**  **away).**
 **Transmitter throttle**  **to zero.** 
 **Radio transmitter**  **on .**   **Connect/power o n**  **battery to**  **airframe.**
 **Ensure led**  **indicators &**  **audible tones**  **are all**  **correct.**
 **Timer on**  **(if applicable).** 
 **for FPV,**  **check video**  **in goggles.** 
 **Scan for**  **nearby people**  **or animals.** 
 **Stand clear** 
**- audibly,**  **loudly announce**  **the word**  **"CLEAR!"**
 **Arm flight**  **controller.**

**PRE TAKEOFF:** 

 **Increase throttle**  **slightly listening**  **for any**  **abnormalities.**  **Short 20**  **- 30**  **second hover**  **at 3**  **- 5**  **feet (listen**  **for any**  **weird vibrations**  **or anything**  **that sounds loose).** 

**2. Equipment will be inspected by the PIC post flight for any damage or irregularities in**  **operation. a.**  **Any irregularities must be reported to maintenance and equipment removed immediately from service.**  **b. Any equipment removed from service by the PIC must undergo**  **a complete diagnostic and be signed off as operational by a trained maintenance technician.** 32 **Revision History Revision #**  **Revision**

**Date Description of changes**