A DVANCED A VIATION S OLUTIONS

1 of 6 2 8 March 2015 U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”)
and 14 C.F.R. Part 11, Advanced Aviation LLC , seeks an exemption from Federal Avia tion Regulations (“FARs”) detailed below for the AeroM Unmanned Aircraft Sy stem ma nufactured by 3D Robotics of California

. Except for the aircraft, t his application is similar to a previous application to which you granted Exemption 11136 on 5 January 2015.

The requested exemption would support an application for a commercial Certi ficate of

Authorization to use th e system to support aerial surveying and mapping as well as UAS

O perator training

. The AeroM system consists of a lightweight ( 6.8 lb) battery operated aircraft,

a PC

- based gr ound control station with associated communicat ions equipment and a manual radio controller capable of linking to a second set of instructor controls . The aircraft is capable of carrying multiple payloads making it an ideal platform for initial UAS Operator training

. A d v a n c e d A v i a t i o n S o l u t i o n s w o u l d l i k e t h e o p p o r t u n i t y t o u t i l i z e m o d e l a i r c r a f t f l y i n g f i e l d s f o r i n s t r u c t i o n

. M a n y o f t h e s e f i e l d s o p e r a t e s a f

e l y w i t h i n 2 N M o f a i rp o r t s w i t h d e

- c o n f l i c t i o n

p r o c e d u r e s c o o r d i n a t e d w i t h a i r p o r t m a n a g e m e n t

. B y a d h e r i n g t o t h e r u l e s e s t a b l i s h e d b y t h e s e

c l u b s
, w e f

e e l w e c a n s a f

e l y t r a i n U A S p i l o t s s i d e

- b y

- s i d e w i t h m o d e l a i r c r a f t h o b b y i s t s i n c l o s e

p r o x i m i t y t o a i r

p o r t s

. By approving these exemptions, th e FAA will create the opportunity to produce professionally trained UAS Operators with both i n

- d e p t h g e n e r a l k n o w l e d g e a n d h a n d s

o n o p e r a t i o n a l e x p e r i e n c e

.

The aircraft will be operated in the field with a Pilot in Command (PIC) and a ground

- based Visual Observer (VO) with the following restrictions:

- All operations that occur in Class B, C, D and E airspace will comply with responsible ATC

agency restrictions

- W i t h o u t a n a p p r o v e d m e m o r a n d u m o f u n d e r s t a n d i n g w i t h a i rp o r t m a n a g e m e n t

, t he ai rcraft will not be operated within: a) 5 nautical miles (NM) from an airport having an operational control tower; or b) 3 NM from an airport having a published instrument flight procedure, but not having an operational control tower; or c) 2 NM from an a irport not having a published instrument flight procedure or an operational control tower; or d) 2 NM from a heliport

- All operations will occur at no more than 500' AGLA DVANCED A VIATION S OLUTIONS

2 of 6

- Operations will be operated over private or controlled access property with the permission of

the land o wner or controller

- All required permits will be obtained from state and local government prior to operation

- The aircraft will not be operated over congested areas

- Operations will be limited to day, visual meteorological conditions

- Aircraft will remain within Visual Line of Sight of the PIC or VO at all time s

- Wh ile the aircraft is airborne, the VO will be positioned within voice distance to the PIC

- PIC will file a NOTAM providing radial/DME, radius, and a date/time group for each operation

- The PIC will hold a Private Pilot's Certificate and current Class III medical

- T he PIC will perform maintenance on the system and will complete a course of maintenance instruction as p art of their initial training.

We submit that the combination of the aircraft 's light weight, historically demonstrated flight performance, fully qualified flight crew and strict operation under the guidelines estab lished by the FAA can have confidence that the operation will have an equivalent or greater level of safety of manned aircraft performing the same mission.

The name and contact information of the applicant are:

Advanced Aviation Solutions LLC

Attn: Ken ne th J. McCormick

Ph: 253

- 439

- 8100

Email: ken @adavso.com

The regulations from which the exemption is requested are as follows:

- 14 CFR Part 21

- 14 CFR 91.203

- 14 CFR 45.23, 45.29

- 14 CFR 91.9

- 14 CFR 61.113, 61.133

- 14 CFR 91.121

, 91.151

- 14 CFR Su bpart E (91.401

- 91.417)

- 14 CFR 91.7(a)A DVANCED A VIATION S OLUTIONS

3 of 6

We are prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety . We look forward to working with your office

. Please contact us at any time if you require addit ional information or clarification.

Sincerely,

Kenneth J. McCormick

Vice President

Appendices : A . Exemption Request and Equivalent Level of Safety

B

. Privacy Issues

C

. Operational Safety Assessment

D. Aero

- M Inspection and Maint enance Manual

E. 3D Robotics Aero

- M User Manual

F. Aero

- M Training Manual

G. RPA Student Pilot and VO Training Manual

H. ADAVSO Aviation ExperienceAppendix A

4 of 6 EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Advanced Aviation Solutions LLC requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of the 3D Robotics

AeroM :

14 CFR Part 21, Subpart H: Airworthiness Certificates

This part establishes the procedures for the issuance of an airwort hiness certificate. Due to the

size of the aircraft and FA A proposals for small UAS, we request relief from the requirement for

an airworthiness certificate. The PIC will maintain the small UAS in condition for safe operation and prior to flight must inspect the UAS to ensure that it is in a condition for safe o peration.

14 CFR 91. 203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph ( b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." At 6.8 lbs, the AeroM is too small to carry documentation, does not have an entrance, and is not capable of carryin g passengers or crew.

To obtain an equivalent level of safety and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be co

- located with the crew at the ground control station and available for inspec tion upon request. In order to identify the aircraft, we propose that the r e g i s t r a t i o n n u m b e r b e a f f i x e d t o t h e a i r c r a f

t a s l a r g e a s p r a c t i c a l

.

14 CFR 45.23 Display of marks; general and 45.29 Size of marks.

These regulations provide that each aircraft must display "N" and the ai rcraft's registration

number

. E a c h a i r c r a f

t w i l l b e r e g i s t e r e d in accordance with 14 CFR part 47, and have identification (N

- Number) markings in accordance with 14 CFR part 45, Subpart C. Markings w i l l be as large as practicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no perso n may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an

exemp tion to this requirement since the aircraft is not only too small to carry documentation, the

documentation would not be available to the crew.

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, approved Airpl ane Flight Manual (appendix E) must be available to the crew at the ground station anytime the aircraft is in, or preparing for, flight.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and lim itations.

The regulation provides that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection wi th any business or employment if: (1) TheAppendix A

5 of 6 flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

W e p r o p o s e t h a t t he Pilot in Command (PIC) must possess at least a private pilot certificate and at

least a current third

- class medical certificate. The PIC w i l l also meet the flight review requirements specified in 14 CFR 61.56 in an aircraft in which the PIC is rat ed on his or her pilot certificate.

Since t here are currently no means available for the pilot of a UAS to gain the experience in an equivalent category and class in order to apply for a commercial pilot's license

. Since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft wil l be operating at a

maximum of 5 00 feet AGL, we cannot comply with this requirement.

To provide an equivalent level of safety we will only fly over private property with the permission of the land owner. The land owner will be briefed of the expected rou te of flight and the associated risks to persons and property on the ground. We maintain that due to the small

size of the AeroM , the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be considered in gra nting the exemption.

Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. b arriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator w i l l 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, flight operations w i t h i n 5 0 0 f e e t w i l l cease immediately and/or;

b. the aircraft is operated near vessels, vehicles or structures where the land owner/controller has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determine d that it does not present an undue hazard, and

c. operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

14 CFR 91.121 Altimeter settings.

The regulation provides that a ircraft shall maintain cruising altitudes by reference to an altimeter setting available within 100 nautical miles of the aircraft. The aircraft will fly below 400 feet AGL and will not need to maintain hemispherical cruising altitudes in order to de

- conf lict with other aircraft. As such, an appropriate altimeter measurement presented to the pilot should be Above Ground Level and should be based on the barometric pressure at the point of launch. To provide an equivalent level of safety, the UAS's AGL alt imeter will be set to zero on the ground prior to every flight. Since the aircraft will fly no more than 6 0 minutes, even rapid changes in barometric pressure will have limited affect on the safety of the flight.Appendix A

6 of 6 14 CFR 91.151 Fuel requirements for fli ght in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day

- VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes. We feel the i ntention of this paragraph is to provide a reserve of energy as a safety buffer for go

- arounds and other delays to landing.

The AeroM is battery operated and the maximum duration of flight from a single battery charge

is 6 0 minutes. The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is enough power to fly to the first point of intended landing and, assuming normal cruising speed, land the UA with 30% battery power remaining.

14 CFR Subpart E (91.401

- 91.417)

- Maintenance, Preventive Maintenance, and

Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for r eturn to service."

As provided in the attached Maintenance Procedures (appendix D), the PIC will ensure that the aircraft is in an airworthy condition prior to flight and conduct detailed inspections after every 10 hours. Maintenance performed by the PI C is limited to repairing small cracks, replacing a propeller, and updating software and firmware. All other maintenance will be performed by the manufacturer. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

14 CFR 91.7(a)

- Civil aircraft airworthiness

The regulation provides the aircraft require airworthiness certification. Due to the size of the

aircraft and FA A proposals for small UAS, we request relief from the requirement for an

airworthiness certificate. The PIC will maintain the small UAS in condition for safe operation and prior to flight must inspect the UAS to ensure that it is in a condition for safe o peration.