Shenandoah Aviation, LLC

Attn. Dianna Klein, Founder and President 27514 Chris Ridge Ct. Spring, TX 77386 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington DC 20590
Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)
Dear Sir or Madam:

Pursuant to Sectio n 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Shenandoah Aviation, LLC , LLC operator of an Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) 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. As detailed in this document and the attached Appendix of UAS, the requested exemption would permit the operation of UAS platforms previously approved by the FAA for commercial operations in the United States. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s responsibilities to “...establi sh requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) Reform Act. The name and address of the applicant is: Shenandoah Aviation, LLC Attn: Dianna Klein, President Phone: 540

- 664

- 7185 Email: dianna@shenandoahaviation.com Address: 27514 Chris Ridge Ct., Spring, TX 77386
Regulations from which the exemption is requested:
14 CFR Par

t 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.10914 CFR 91.119 (c)

14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b)
**AUTHORITY FOR EXEMPTIONS** The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including UAS, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections §44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 USC §44701(f). See also 49 USC § 44711(a); 49 USC §44704; 14 CFR 91.203(a)(1). Section 333(b) of the Reform Act assists the Secretary in determining whether UAS may operate in the national airspace system without creating a hazard to the user, the public, or a threat to national security . In making this determination, the Secretary must consider: • The UAS’ size, weight, speed and operational capability; • Whether the UAS operates within the visual line of sight of the operator; • Whether the UAS operates outside of highly populated area s and away from close proximity to airports. Reform Act 333(a). If the Secretary determines that a UAS “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. 333 (c).
**UAS AND OPERATIONAL DESCRIPTION** The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or property using conventional aircraft. As the operator of these aircraft, Shenandoah Aviation, LLC is committed to the following conditions and limitations on its operations. S henandoah Aviation, LLC understands that failure to comply will be grounds for the immediate suspension or rescission of any exemption granted.
1. Operations are limited to the UAS listed in the Appendix when weighing less than 55 pounds including payload.
2. Operations for the purpose of closed

- set motion picture and television filming are not contemplated.
3. The aircraft will not be operated at a speed exceeding 87 knots (100 miles perhour). In no case will the aircraft be operated at airspeeds greater than th e

maximum aircraft operating airspeed recommended by the aircraft manufacturer.
4. The aircraft will be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.
5. The aircraft will be operated within visual line of sight (VLOS) of the Pilot in Command (PIC) at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s U.S. driver’s license.
6. All operations wil l utilize a visual observer (VO). The aircraft will be operated within the visual line of sight (VLOS) of the PIC and VO at all times.
7. All operating documents needed to operate the UAS and will be accessible during UAS operations and made available to the Administrator upon request. The operator will also present updated and revised documents if it petitions for extension or amendment.
8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e. g. replacement of a flight critical component, will undergo a functional test flight prior to conducting further operations.
9. Shenandoah Aviation, LLC is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. 10. Prior to each flight, the PIC will conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight.
11. Shenandoah Aviation, LLC will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. 12. Each UAS operated under this exemption will comply with all manufacturer safety bulletins. 13. The PIC will hold a UAS flight training certificate, in some cases training directly from the aircraft manufacturer, and a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. 14. Shenandoah Aviation, LLC will not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated to acquire aerial data, including evasive and emergency maneuvers and maintaining appropriate dis tances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). Shenandoah Aviation, LLC will operate flights for the purposes of training Shenandoah Aviation, LLC’s PI Cs and VOs (training, proficiency, and experience building) and determining the PIC’s ability to safely operate the UAS. 15. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will be conducted under vis ual meteorological conditions (VMC).16. The aircraft will not operate within 5 nautical miles of an airport reference point

(ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA

-published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA. 17. The aircraft will not be operated 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. 18. If the UAS loses communications or loses its GPS signal, the aircraft will return to a pre

- determined location. 19. The PIC will abort the flight in the event of unpredicted obstacles or emergencies. 20. The PIC will be prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power or fuel for the aircraft to conduct the intended operation and to operate after that for at least five minutes or with the reserve power or fuel recommended by the manufacturer if greater. 21. All operations shall be conducted in accordance with an ATO

- issued COA if the blanket COA does not cover the intended operation. 22. All aircraft operated 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 large as practicable. 23. Documents used by Shenandoah Aviation, LLC to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. 24. The aircraft will remain clear and give way to all manned aviation operations and activities at all times. 25. The UAS may be operated by the PIC from a moving device or vehicle; however, specific requests will be made via subsequent COA. 26. All flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the aircraft or debris in the event of an accident; or b. The owner/controller/operator of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made an assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard. 27. The PIC, VO, operator trainees or essential persons will not be considerednonparticipating persons under this exemption.

28. All operations conducted over private or controlled

- access property will be conducted with the permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conduc ted. 29. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office (AFS −80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.
**DESCRIPTION OF SPECIFIC REGULATIONS** C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restri ctions and conditions proposed. The UAS to be operated here under is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load.
14 C. F. R. § 45.23 (b). Marking of the aircraft This regulation requires that certain limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft must be marked with letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," o r "provisional," as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAS, two

- inch lettering will be impossible. Shenandoah Aviation, LLC will mark the UAS as practical. 14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pil ot in commandSections 61.113(a) and (b) limit private pilots to non

- commercial operations. Because the

UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the pilo t operating the aircraft to have completed a UAS flight

-training course. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. The risks associated with the operation of the UAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the UAS as requested exceeds the present level of safety achieved by 14 CFR 61.113(a) and (b). 14 C.F.R. §91.7(a): Civil aircraft airworthiness The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certif icate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety checklists prior to each flight an equivalent level of safety will be provided.
1 4 C.F.R. § 91.9 (b) (2): Civil aircraft flight manual in the aircraft Section 91.9 (b) (2) provides: No person may operate a U.S.

-registered civil aircraft ... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. 14 C.F.R. § 91.1 03: Preflight action This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement, as the pilot will take separate preflight actions, including checking for weather conditions, checking flight battery or fuel requirements, checking takeoff and landing distances, and all other actions in the Operating Manual and safety checklists. These actions will provide an equivalent level of safety.
14 C.F.R . §91.109: Flight instruction Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls f or a number of aircraft and for flight instruction in experimental aircraft. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. 14 C.F.R. § 91.1 19: Minimum safe altitudesSection 91.119 establishes safe altitudes for operation of civil aircraft. The UAS will

never operate at altitude higher than 400 AGL and all operations will occur during daylight hours under Visual Meteorological Conditions (VMC ) only. The equivalent level of safety will be achieved given the size, weight and speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner. Because advance notice to the property owner and any onsite personnel, as well as the precautions outlined below, all affected individuals will be aware of the planned flight operations. Flight operations will be conducted at least 500 feet from all non

-participating persons (persons other than the pilot in command (PIC) or visual observer (VO)), vessels, vehicles and structures, unless operations do not present an undue hazard. The UAS will remain within visual line of sight of the PIC or VO. Flight operations will be conducted at least 5 mil es from an airport. The PIC or VO will provide notification to the local Flight Standards District Office and airport controller of all operations within 5 miles of an airport. The FAA will have advance notice of all operations through the filing of notice s -to

- airmen. Compared to flight operations with aircraft or rotorcraft weighing far more than the UAS proposed herein, any risk associated with our operations is far less than those presently presented with helicopters and other conventional aircraft operating at or below 500 feet AGL. In addition, the low

- altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119.
14 C. F.R. §91.121 Altimeter settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): Fuel requirements for flight in VFR c onditions Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. Relief from Section 91.151(a) (1) is requested to the extent required to allow flights of a variety of UAS during daylight hours in visual flight rules (VFR) conditions to continue until 90 percent of remaining battery power or fuel reserves remain. Shenandoah Aviation, LLC seeks the requested relief because without an exemption from Section 91.151(a)(1), the flight time duration of the selected aircraft will be reduced and severely constrain the practicality of any aerial acquisition of data that Shenandoah Aviation, LLC proposes to c onduct pursuant to this Petition. The technical specifications of the proposed UAS, their Operations Manuals, and Shenandoah Aviation, LLC’s proposed operating limitations, ensure that Shenandoah Aviation, LLC will safely operate the selected aircraft during daylight hours in VFR conditions until 90 percent of remainingbattery power or fuel reserves remain.

14 C.F.R. §91.203 (a) and (b): Carrying civil aircraft certification and registration The UAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. Therefore, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance inspections These regulations require that an aircraft operator or owner “ shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished pursuant to the User Guide or Operating Manual. An equivalent level of safety will be achieved because these UASs are limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise, the UAS can land immediately and will be operating from no higher than 400 feet AGL. The PI C will ensure that the UAS is in working order prior to initiating flight, perform required maintenance and keep a log of any maintenance performed. Moreover, the PIC is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.
**PU BLIC INTEREST**  Approval of exemptions allowing commercial operations of UASs for aerial acquisition of data enhances safety while reducing risk. Manned aircraft in certain application such as pipeline monitoring create a greater risk because the aircraft are much larger and carry an onboard human pilot. In contrast, a UAS weighing 55 pounds or less will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. In addition, additional streams of aerial data will allow large commercial entities to make decisions about how to best deploy ground re sources and ensure the safety and cost

- effectiveness of their operations. **EQUIVALENT LEVEL OF SAFETY** Shenandoah Aviation, LLC proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate within the l imitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current and proposed regulatory structure. **PRIVACY** All flights will occur over private or controlled access property wit h the property owner’s prior consent and knowledge. Images or video taken of individuals will have consented to being filmed or otherwisethey will be made anonymous.

**NATIONAL SECURITY** Given the small size of the UAS involved and the restricted environment within which they will operate, our petition presents no national security issue.
**ADDITIONAL INFORMATION** Dianna Klein has been involved in numerous facets of aviation including Part 91 and 141 flight instruction, Part 135 charter operations, Part 121 airline operations at the regional and major level, and as an officer and pilot in the United States Air Force. She is currently a B

- 787 pilot for a major U.S. airline and holds ty pe ratings in the BE

- 400 and the B

- 737. Dianna holds a Master of S cience in Aeronautical Science degree with a dual specialization in Aviation Safety

and Human Factors from Embry

- Riddle Aeronautical University

- Day tona Beach . Additionally , she is a graduate of the MITRE Corporation’s Aviation Safety Management Sy stems Principals course.
Dianna has held several Flight Operations positions at her airline, including B

- 737 Instructor/Evaluator, Project Manager, and Flight Manager. Prior to flying for a major U.S. airline, Dianna flew the EMB

- 145 for a large U.S. regional airline, and was also a Captain on a King Air C90 for a Part 135 operator. Also, she flew the C

- 5 Galax y in support of combat operations during Operations Iraqi and Enduring Freedom for both the USAFR and Air National Guard.

**FEDERAL REGISTER SUMMARY** Docket No.: No. FAA

- 2015

-

____ Petitioner: Shenandoah Aviation, LLC , LLC Part 21 and §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2), 417(a) and (b) of Title 14, Code of the Federal Regulations (14 CFR). Description of Relief Sought: Shenandoah Aviation, LLC is seeking an exemption to conduct commercial acquisition of aerial data using unmanned aircraft systems. Sincerely, ////Signed////

Dianna Klein Founder and President Shenandoah Aviation, LLC 27514 Chris Ridge Ct. Spring, TX 77386Appendix

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- G quadcopter 292. Turbo Ace matrix

- E 293. Turbo Ace MATRIX

- 1 294. UAV Solutions Phoenix 60 295. Universeye Penguin 296. Unmanned Fl ying Rolling Orb “UFRO” 297. US2 GreenHawk 298. UtiliCopter ITX8 299. VA03

- v1 300. VA04

- v1 301. VA07

- v1 302. Viking UAS Multicopter (VTOL) 303. Viking UAS FF

- X4/X8 304. VK

- Patriot X4/X8 305. Viking UAS Patriot X4/X8 Multirotor17

17 306. Viking UAS X6 Model 800 307. Viking UAS Viking ONE 308. VK

- 450 309. Viking Unmanned Aerial Sy stems, LL C AgriView VK Ranger EX 310. Viking VK

- FF

- X4 311. VK

- Ranger EX

- SAR Fixed Wing UAS 312. Volantex Raptor Tarot T

- 18 313. Volt Aerial Robotics Octane 314. Vulcan frame controlled by a DJI A2 flight controller 315. Vulcan Mantis 316. Vulcan Octocopter 317. Vulcan Raven 318. Vulcan UAV 319. Walkera TALI H500 320. Walkera Scout X4 321. Wookong DJ I 5800 322. xCel Drones XD550CDR 323. XFold Rig with four configurations: Quadcopter, Hexcopter, Octocopter, and x12 Copter 324. X8

- M