May 27, 2015 U.S

. Department ofTransportation Docket Management System 1200 NewJerseyAve

., SE Washington, DC 20590 RE: Exemption Request UnderSection 333 ofthe FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11 Dear Sir or Madam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 ("FAA Reform Act") and 14 C

.F

.R. Part 11, Unmanned Systems, Inc. ("USI") request exemptions from four provisions ofthe Federal Aviation Regulations ("FAR"), specifically portions of 14 C

.F.R. 

### § 21 (h), 14 C.F

.R. 

### § 61.113(a & b), 14 C.F

.R. 

### § 91.119, 14 C.F.R. 

### § 91.151 (a) to allow, commercial operations of its Sandstorm unmanned aerial system ("Sandstorm") in the continental United States ("CONUS") by individuals who, at a minimum, maintain a FAA private pilot certification or FAA-recognized equivalents, and have successfully completed USI's company training plan for Sandstorm

. The commercial use requested is to conducttraining and research operations at USI's homefield in Montana and at locations coordinated with the FAA via the COA process. The Sandstorm is an all-environment, traditional fixed wing take-off and landing small unmanned aerial system ("UAS") that, is capable oftransmitting live airborne location and video information to a Ground Control Station ("GCS")

. Depending on payload configuration, Sandstorm will also be able oftransmitting real-time high resolution video and photogrammetry collection to the ground based camera control station and stored on board for postflight production and forensics

.The Sandstorm will be limited to under55 pounds including payloads, a wingspan of 15feet, and a length of8 feet. The Sandstorm airplane weightwithout payload is a maximum of40 pounds. The Sandstorm's normal cruising speed and maximum speed are 40-60 knots indicated airspeed and 80 knots indicated airspeed, respectively. It comes in an electric, turboprop, and gasversion. Sandstorm is capable ofoperation in temperatures ranging from -15°F to 115°F

. Launch and recovery ofthe aircraft is conducted via traditional fixed-wing take-off and landing procedures. The Sandstorm's 900 MHz datalink and 2.4 GHz control link has a range offive miles and provides all positional information and control capability required for safe operation ofthe aircraft. The Sandstorm is unique among the various UASs applying for exemptions under Section 333 because it has received a Special Experimental Airworthiness Certificate from the FAA based on its operations near Columbia Falls, Montana. The Sandstorm has an unparalleled safety record based on our current and on-going flight operations in Montana with FAA certified aircraft

.When this experience is considered in tandem with the remote areas in which it will operate, it becomes clearthat the Sandstorm can operate safely in the National Airspace System ("NAS"}, without posing a threatto national security, by operating in accordance with the requirements discussed herein

. The Sandstorm's capabilities, along with USI's experience to date, make it ideally suited to conduct commercial operations such as commercial film production, agriculture, aerial surveying, and patrolling in remote areas (i.e. non-congested or non-populated areas, private or controlled-access property) under Class E or Class G airspace and within Visual Line of SightU.S. Department ofTransportation May 27, 2014 Page 2 of7 ("VLOS"). Use ofthe Sandstorm reduces the need to operate manned aircraft, decreasing the risk to the pilot, crew, and those on the ground as the Sandstorm will be transported to the operational site for launch and recovery and will be notflown to the location with a load of flammable fuel. As a result ofthe Sandstorm's size, weight, maximum speed, operational capability, and safety record; the distance at which it will operate from airports and populated areas; and its operation using visual observers to provide de-confliction from other airtraffic, the Sandstorm does not create a hazard to users ofthe NAS orthe public. Neither does it pose a threatto national security. Therefore, the FAA should grant USI the requested exemptions. Alternatively, ifthe FAAfinds that modification of USI's application is required for safe operation ofthe Sandstorm in the NAS, USI requests thatthe FAA delineate the required modifications and either process USI's application as ifthe modifications were already made orallow USI to amend its application to incorporate the FAA's findings. The name and address ofthe applicant are: Unmanned Systems Inc. Address: 2709 Cyrano Street, Henderson NV 89044 Attn: Don Bintz Ph: (702) 324-9966 Fax: (702) 656-8782 Email: Don.Bintz@unmannedsystemsinc.com Attn: William Reynolds Ph: (702) 606-7539 Email: bill.reynolds@unmannedsystemsinc.com USI's exemption request encompasses the following regulations: 14 C.F.R. 

### § 21 subpart H 14 C.F.R. 

### § 61.113(a&b) 14 C.F.R. 

### § 91.119 14 C.F.R. 

### § 91.151(a) Section 333's Mandate and the Federal Aviation Act Grant ofthis exemption application for use ofthe Sandstorm in training, agriculture, precision aerial surveys, film industry, and patrols, pursuant tothe exemption requested herein, will advance the Congressional mandate in Section 333 ofthe FAA Reform Act to accelerate the introduction of UASs into the NAS. Section 333 directs the Secretary ofTransportation to considerwhether certain UASs may operate safely in the NAS before completion ofthe rulemaking required under Section 332 ofthe FAA Reform Act. To make that determination, the Secretary must evaluatewhich types of UASs do not create a hazard to users ofthe NAS orthe public or pose a threatto national security in light of several criteria:
• The UAS's size, weight, speed, and operational capability; • Operation ofthe UAS in close proximity to airports and populated areas; and • Operation ofthe UAS within visual line ofsight ofthe operator.U.S. Department ofTransportation May 27, 2014 Page 3 of7
FAA Reform Act§ 333(b)(1). Oncethe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shallestablish requirements forthe safe operation ofsuch aircraft in the national airspace system
."

### /d. § 333(c) (emphasis added). The Federal Aviation Act expressly grantsthe FAAthe authorityto issue exemptions. 49 U.S.C

. § 44701

### (f). This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under §40101 ofthe Act, from the requirements that all civil aircraft must have a current airworthiness certificate, 49 U.S.C. § 44711 (a), and those used in commercial service must be piloted by private and/or commercial pilots. 14 C.F.R. §§ 61.113(a) and (b), 61.133

. The granting ofthe requested exemption is in the public interest based on (i) the clear direction in Section 333 ofthe FAA Reform Act; (ii) additional authority in the Federal Aviation Act, as amended; (iii) the strong equivalent level ofsafety surrounding the proposed operations; and (iv) the significant public benefit, including enhanced safety and cost savings associated with utilizing UASsfor commercial by providing adequate training and testing of both pilots and equipment. Accordingly, USI respectfully requests thatthe FAA grantthe requested exemption without delay

. Airworthiness The Sandstorm is safe and fit for operation in the NAS underthe conditions listed herein. The FAA has deemed the Sandstorm safe by initially issuing a Special FAA Experimental Airworthiness Certificate forflight on September 14, 2011. USI has flown the Sandstorm since this date in 2011 and currently continues to operate near Columbia Falls, Montana underthe FAA issued Experimental Airworthiness Certificate for Unmanned Aircraft with an assigned Registration Mark N441 KS, being the first tail USI got certified. Mandatory Operating Conditions USI proposes that the grant ofthe exemption be subject tothe following mandatory conditions, which are based upon operating conditions set forth for operation of UAS by public entities pursuantto Certificates ofWaiver orAuthorization, with additional restrictions:
• Operations to avoid congested or populated areas to the maximum extent possible

. • Operations to be conducted over private orcontrolled-access property. • Permission from land owner/controller required before commencing anyflight. • Operations to occurduring Visual Flight Rules Meteorological Conditions (VMC). •Aircraftto remain within Visual Line ofSight (VLOS). • Operationsto occurduring daylight hours. ·Above Ground Level (AGL) altitude to be restricted to 400feet and below. • All operations conducted in vicinity of airport to remain more than 2.5 NM from

centerline azimuth of runway centerline measured from runway thresholds. • Operatorwill file a NOT AM for each flight. •All required authorizations and permits will be obtained from territorial, state, county, or

cityjurisdictions, including local law enforcement, fire, or other governmental agencies

.U.S

. Department ofTransportation May 27, 2014 Page 4 of7 

### Operator Requirements USI respectfully proposes that operator requirements should take into accountthe characteristics ofthe particular UAS. The Sandstorm is an inherently stable, light-weight aircraft thatweighs less than 40 pounds without payload, has a proven safetyflight safety record and will be operated in remote areas. Sandstorm is configured to give the Local Pilot ("LP") or Remote Pilot ("RP") full control ofthe aircraft during all phases offlight. It is equipped with an advanced autopilot that can be used to fly the aircraft in one offour modes: Stabilized, Return to Home ("RTH"), Circle or Nav

. Stabilized mode commands tne aircraftto fly straight and level with no inputfrom the pilot. RTH mode commands the aircraft to fly to a "return to home point" designated by the pilot and then circle until transitioned to manual control by the pilot. Circle mode commands the aircraftto circle around its current position until the pilot takes control manually or activates another autopilot mode. Engaging Nav mode commands the aircraft to fly to pre-programmed waypoints designated by the pilot on the GCS Map screen. Each ofthese autopilot modes creates a predictable aircraft flight pattern thatallows Sandstorm to operate within the intended flight envelope with minimal inputfrom the pilot. Flight limits are coded into the autopilot and define the aircraft's normal flight operating envelope

. Manual flight modes that do not use the autopilot require the operatorto provide control inputto maintain heading, altitude and airspeed. Pitch, roll and throttle inputs are accomplished by the LP using the handheld radio controller/transmitter (JR-12X) or by the RP using GCS RP Control Stick station via the 900 MHz or2.4 GHz link respectively

. The GCS is the primary control station; providing the RP situational awareness and command and control interfaceforthe UA. The flight controls consist ofa control stick, throttle, and rudder pedals. The LP will always have the capability to take control ofthe aircraftwith the handheld JR-12X if necessaryfor safety offlight in all phases offlight while maintaining VLOS

. In the event ofa Total Lost-Link ('TLL") the autopilot shall navigate the UAS back to a designated Return to Home ("RTH") point. Standard operating procedures will have a designated RTH point priorto everyflight. While in circle mode around the RTH point, recovery ofcontrol should be possible

. In the event that recovery ofcontrol link is not possible, the UAS will spiral down to a controlled landing around the designated RTH point. Ifthe motor batteries have been depleted, the avionics and flight control surfaces are powered independently to allow for continued control by the LP to conduct a pilot controlled landing ofthe aircraft. 

### Specific Exemption Requests and Equivalent Level ofSafety Showings 14 C.F.R. Part21, Subpart H: Airworthiness Certificates Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR §91

.203 (a) (1). Given the size and limited operating area associated with the aircraftto be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C

.§44701 

### (f)) and Section 333 ofthe Reform Act both authorize the FAAto exempt aircraftfrom the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular UAS. In all cases, an analysis of these criteria demonstrates thatthe UAS operated without an airworthiness certificate, in theU.S

. Department ofTransportation May 27, 2014 Page 5 of7 restricted environment and underthe conditions proposed will be at least as safe, orsafer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. Sandstorm has already been certified as airworthy via a Special Airworthiness certificate ofthe Experimental class and has been recertified as such on four separate occasions. The exemption USI seeks atthis time is to be able to conduct commercial operations while only having an Experimental certification. 14 C.F.R. 

### § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Becausethe UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety ofcurrent operations by requiring the PIC operating the aircraftto have a private pilot's license ratherthan a commercial pilot's license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance as setforth in the Manual. To provide forthe differences in knowledge level the chief pilot for USI is a commercially rated pilot thatwill oversee all planned flight operations and will approve all operating areas and operating plans. The risks associated with the operation ofthe sUAS are so diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, thatwith the above oversight and plans will achieve a level ofsafety commiserate with the current rules setforth by 14 C.F

.R. §61.113 (a) & (b)

. 14 C.F.R. 

### § 91.119: Minimum Safe Altitudes Section 91

.119 establishes safe altitudes for operation of civil aircraft. Specifically, Section 91.119(c) limits aircraft flying over areas otherthan congested areas to an altitude of500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closerthan 500feet to any person, vessel, vehicle, orstructure
. As setforth herein, the Sandstorm will neveroperate at higherthan 400feet AGL. It will, however, be operated in a mannerthat avoids congested or populated areas that are depicted in yellow on VFR sectional

.charts. Because commercial film flights, agriculture, aerial survey work, and patrolling must be accomplished at relatively low altitudes, 

### i.e., less than 500feet AGL, an exemption from Section 91.119(c) is required

. The equivalent level ofsafety will be achieved given the size, weight, speed, and material with which the Sandstorm is built. Also, no flight will be taken without the permission ofthe land owner orthe party controlling the operating area. With advance notice to the landowner, all affected individuals will be aware ofthe agriculture, survey, and patrolling flights. Compared to similar operations conducted with conventional aircraft or rotorcraft, which weigh thousands of pounds and carry flammable fuel, any risk associated with these operations will be significantly reduced from those currently allowed for conventional aircraft operating at or below 500 feet AGL. Waivers have been granted to other UAS operators for such operations in Alaska. USI believes such operations can be conducted within the CONUS in Class E and Class G airspace forthe same reasonsjustifying like operations underthe existing waiver in Alaska.U.S. Department ofTransportation May 27, 2014 Page 6 of7 14 C.F.R. 

### § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151(a) prohibits an individual from beginning "a flight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed- (1) During the day, to fly afterthatfor at least 30 minutes; or (2) At night, to fly afterthat for at least 45 minutes." 14 C

.F.R. 

### § 91.151(a). The Sandstorm's batteries provide between one and three hours of powered flight. Without an exemption from 14 C

.F

.R. 

### § 91.151, the Sandstorm's flights could be limited to approximately thirty minutes in length. Given the limitations on its proposed operations and the location of those proposed operations, a longerduration forflight in daylightVFR conditions is reasonable. USI believes that an exemption from 14 C.F.R. 

### § 91.151 (a) is safe and consistent with the scope ofa prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151 (a))

. Operating the Sandstorm, a small UAS, without 30 minutes of reserve fuel does not engenderthe type of risks that Section 91.151(a) was meantto prevent. The fact that the Sandstorm carries neither pilot, passenger, norcargo also enhances the reduced risk to overall safety

.Additionally, limiting Sandstorm flights to thirty minutes would greatly reduce the operational utility ofthe platform. In the unlikely event that the Sandstorm should run out offuel, it would glide under pilot control for landing

. Given its weight and construction material, the risk is significantly less than contemplated by the current regulation. USI believes that an equivalent level ofsafety can be achieved by maintaining 10 minutes of reserve fuel, which, allowing at leastfifty minutes offlight time, would be more than adequate to return the UAS to its planned landing zone from anywhere in its planned operating area. Similar exemptions have been granted to others, including Exemptions 2689F, 5745, 10673, and 10808.
Federal Register Summary Pursuant to 14 C.F.R. 

### § 11 :81 (f), the following summary is provided for publication in the Federal Register, should the FAA determine that publication is needed: Petitioner: Unmanned Systems Inc. Section of 14 C.F

.R.: 14 C.F

.R. 

### § 21 (h), 14 C

.F.R. 

### § 61.113(a & b), 14 C.F

.R. 

### § 91.119, 14 C.F.R. 

### § 91

.151(a). Approval ofexemptions allowing commercial operations of UASs in training and research flights will benefitthe public. By allowing USI to conduct training and research flights for compensation the publicwill have better operatorsfor UAVs and better UAVs by the research that USI will conduct. The UAS will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraftflights

. The operation ofsmall UASs, weighing less than 55 pounds, conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein, including exempting the applicantfrom the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, closeU.S. Department ofTransportation May 27, 2014 Page 7 of7 to the ground, and in a sterile environment and, as a result, are far saferthan conventional operations conducted with manned aircraft operating in close proximity to the ground and people. Privacy All flights will occur over private or controlled access propertywith the property owner's prior consent and knowledge. Overflight ofany person will have consented to being filmed or otherwise have agreed to be in the area where operations will take place

. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012 - size, weight, speed, operating capabilities, proximity to airports and populated areas and operation with is VLOS and national security. Provided in the above documentation is adequatejustification for the grant ofthe requested exemptions allowing commercial operation ofto conducttraining and research operations at USI's homefield in Montana and at locations coordinated with the FAA via the COA process.

onald G. Bintz President Unmanned System · Inc.