DATE: 02/01/2016 

## PETITION FOR EXEMPTION
U.S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 

# ~ ARGOS EXEMPTION REQUEST

SUBJECT: Petition for Exemption Request forArgos UnmannedAerial Solutions, LLC underSection 333 ofthe FAA Reform Act and from certain rules of 14 CFR ATIN: To Whom It May Concern Pursuantto Section 

### 333 ofthe FAA Modernization and Reform Act of2012 and 14 C.F
.R. Part 11, Argos Unmanned Aerial Solutions, LLC
. (Argos). operator of Unmanned Aircraft Systems (UAS), is hereby petitioning to be granted exemption from the listed Code of Federal Regulations (CFRs) so as to operate its civil UAS fleet for commercial purposes, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. With the approval ofthis exemption, Argos shall be allowed to operate UASfor commercial purposes within the official boundaries ofthe national airspace (NAS) controlled by the United States ofAmerica. Specifically, Argos shall be allowed to fly commercially with the 3DR Solo, DJI Phantom 3 Professional , and DJI Inspire 1 Professional. Details of the specific aircraft and how they shall be operated within the national airspace (NAS) shall be detailed in the attached Company Manual System (CMS), which includes operating manuals, user manuals, and operator checklists. Argos shall utilize a variety of sensor payloads on its UAS fleet in an effort to capture the necessary imagery or data types for each specific application or use-case. Examples ofthe payload technologies used include, but are not limited to; Visible Light Spectrum Imagery, Near Infrared (NIR) Imagery, Thermal Infrared Imagery, LIDAR, Sensor Technologies (Mesh Network Enhancement, Spore Meters, etc
.), GPS Guidance, and Photogrammetry
. As described , the requested exemption would permit the operation of a UAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the already safe operations in the industry presently using conventional aircraft. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "establish requirements for the safe operation of such aircraft systems in the national airspace system." PUBLIC INTEREST The public benefits through the proposed UAS operations by satisfying the publics need to accomplish any flight operation that is deemed to be "Dull, Dirty, or Dangerous" at an economical advanced when compared to more traditional methods
. The commercial UAS operations being proposed by Argos in this Petition for Exemption would produce far safer methods to capture data than currently-used collection methods which require manned aircraft
. With the type of data-capture proposed in this Petition , a manned aircraftwould have to operate in a high-risk situation, including in close proximity to the ground wherethe risk ofan accident is highestand the risk to people and property on the ground is the greatest. Contrasting the two types ofaircraft categories, it is clear that a UAS is much saferto operate in the proposed environmentthan a large, manned aircraft powered by a combustion engine, carrying large quantities offuel and payload. The FAA has issued grants ofexemption in circumstances similar in all material respects to those presented in this petition
. 

### In Grants of Exemption Nos. 11062to AstraeusAerial (see Docket No
. 

### FAA-2014-0352) , 11109 to Clayco, Inc
.(see Docket No
. FAA- 2014-0507), 11112 to VDOS Global , LLC (see Docket No
. FAA-2014-0382), and 11213 to Aeryon Labs, Inc
. (see Docket No
. FAA-2014-0642) , the FAAfound thatthe enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers 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 UAS operation enabled by this exemption is in the public interest.

Page 1 of7DATE : 02/01/2016



# ~ PETITION FOR EXEMPTION 

# ARGOS PROPOSED OPERATIONS Commercial operation of UAS, as described herein, which are equipped with camera(s) and sensors, would operate in the following manner: Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying , precision agriculture surveying , engineering and other related professional activities
. Aerial video and/or photography for public and/or private use including television, public events, cinematography and news gathering
. Aerial inspection/photography of residential/commercial structures under contract with the owners or local governmentauthority
. Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electrical power lines, wind turbines, flare stacks and cell towers. Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when the local authorities or government has requested it by contract or donation
. The ability to offertraining to persons individually or belonging to both private and/or public organizations that have interests in the use and application of a UAS for the purpose of the safe operation of a UAS to enhance the safety of the National Airspace System (NAS) as well as for the protection ofthe persons and property
. COMPANY MANUAL SYSTEM The company manual system (CMS) has been developed to satisfy the requirements ofthe Federal Aviation Administration (FAA) by incorporating specific FAA requirements and guidance into the policies and procedures of Argos
. The purpose of the CMS is to ensure the utmost in safety of operation and the general efficiency of the flight department in the execution of duties. It contains information and instructions on the manner in which flight operations shall be conducted to ensure compliance with the rules and regulations pertaining to Argos Petition for Exemption under Section 333 of the Federal Aviat ion Administration Modernization and Reform Act of201 2. The CMS is not all-inclusive, but serves as a supplement to other department guidelines, Federal Aviation Administration regulations, aircraft manufactu rers' approved flight manual , etc
. If a discrepancy exists between the cond itions and limitations in the FAA operating documents and the procedures outlined in the CMS, the conditions and limitations ofthe FAA operating documents take precedence
. Otherwise, the Operator shall follow the procedures as outlined in the CMS
. All flight operations and maintenance personnel are to be familiar with the CMS and are to comply with its provisions
. Changes to the CMS will be promptly disseminated to all applicable personnel. The company manual system (CMS) includes: • General Operations Manual (GOM); • General Maintenance Manual (GMM); • General Safety Manual (GSM); • General Forms Manual (GFM) ; Motion Picture Taking Operations Manual (MPTOM); • Flight Training Manual (FTM); • OEM Airplane Flight Manuals, User Manuals and any other flight related publications provided to the Operator by the OEM ; Page 2 of 7DATE : 02/01/2016



# ~ PETITION FOR EXEMPTION 

# ARGOS • OEM Maintenance Manuals, Parts Manuals and any other maintenance related publications provided to the Operator by the OEM; and • Subscriptions to: o FAA Federal Aviation Regulations, which will be regularly reviewed by the Director of Operations in order to identifying all applicable laws, regulations and standards, including all approvals, authorizations, exemptions and permitted deviations; and o Flight planning information documents, flight publications, and DroneLogbook, which will be used bycrewmembers. SPECIFIC CFR RELIEF 

### & EQUIVALENT LEVEL OF SAFETY The Code of Federal Regulations (CFR) from which the exemption is requested are as follows: 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91
.203 (a) (1) The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorizethe FAAto exemptaircraft 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 ofthese criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environmentand underthe 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 restrictions and conditions proposed
. Equivalent Level of Safety: The UAS to be operated hereunder 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 othercivil 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 ofthese 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 A i rcraft The regulation requires that the registration number is displayed on limited , restricted or light-sport category aircraft or experimental or provisionally certificated aircraft
. The operator must also display on that aircraft near each entrance to the cabin , cockpit, or pilot station , in letters not less than 2 inches nor more than 6 inches high, the words "limited ," "restricted ," "light-sport," "experimental ," or "provisional," as applicable
. Equivalent Level of Safety: Due to the lack of an airworthiness certificate and due to the size ofthe UAS, an exemption is needed given the size of the UAS, two-inch lettering will be impossible. The equivalent level of safety will be provided by having the UAS marked perthe current FAA guidance on marking UAS and per the Company Manual System
. 14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command. Pursuant to 14 CFR 61
. 113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire. Equivalent Level of Safety: The FAA has found in previous grants of exemption that a PIC with a private pilot certificate operating a sUAS would not adversely affect operations in the NAS or present a hazard to persons or property on the ground
. Request relief with limitations and conditions specified in the Company Manual System
. 14C.F.R. § 61.133 (b): Commercial pilot privileges and limitations. The FAA has found in previous grants of exemption that a PIC with a private pilot certificate operating a sUAS would not adversely affect operations in the NAS or present a hazard to persons or property on the ground
. Equivalent Level of Safety: Request relief with limitations and conditions specified in the Company Manual System.

Page 3 of7DATE: 02/01/2016

# ~ PETITION FOR EXEMPTION 

# ARGOS 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. Equivalent Level of Safety: As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft for maintenance and use of safety check lists prior to each flight an equivalent level of safety will be provided per the Company Manual System. 14 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) Forwhich anAirplane or Rotorcraft Flight Manual is not required by §21.5 ofthis 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. Equivalent Level of Safety: 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 per the Company Manual System. This specifies that the AFM and/or User Manual shall be readily accessible by crewmembers at the ground control station. 14C.F.R. § 91.103: Preflight Action. 

### This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. Equivalent Level of Safety: The PIC will take all actions as stated in the Company Manual System including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation offlight. 14C.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. Equivalent Level of Safety: Flight control is accomplished through the use of a transmitter control component which communicates with the aircraftvia radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for 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 ofthe aircraft. Argos shall conduct all flight training through procedures specified in the Company Manual System during dedicated training sessions. Based on previous FAA decisions for sUAS petitions regarding this regulation, relief is not necessary. 14 C.F.R. §91.119: Minimum Safe Altitudes. 

### Equivalent Level of Safety: As set forth herein, the UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. It will however be 

### operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre-obtained consent Noflight will betaken withoutthe permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight 

### operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 551bs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 400 ft AGL. In addition, the low-altitude operations of the UAS will ensure separation between these UAS operations and the operations ofconventional aircraftthat mustcomply with Section 91.119. 14C.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. Equivalent Level of Safetv: 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 ofthe launch site shown on the GPS altitude indicator before flight. Page 4 of7

## PETITION FOR EXEMPTION

# ~ ARGOS DATE: 02/01/2016

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 under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel tofly to the first point of intended landing, and, assuming normal cruising speed - (1) During the day, to fly after that for at least 30 m inutes; or (2) At night, to fly after that for at least 45 minutes." The battery powering the UAS provides approximately 30 m inutes of powered flight Equivalent Level of Safety: Given the limitations on the UAS's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR cond itions is reasonable. Argos believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions
. Operating the UAS, in a controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel , does notengender the type of risks that Section 91
. 151 (a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting UAS flights per the Company Manual System would provide an equivalent level of safety by requiring flights to be terminated when energy levels of20% or less have been reached
. This restriction would be morethan adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. 14C.F.R. §91.203 (a) and (b) : Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Except as provided in§ 91
.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate
. . . . (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91
.715 is displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew. Equivalent Level of Safety: The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such , there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level ofsafety will be achieved by keeping these documents atthe ground control pointwhere the pilot flying the UAS will have immediate access to them , to the extent they are applicable to the UAS. 1 4 C
. F
.R. §91.405 (a); 407 (a) (1); 409 (a) (2) ; 417(a) 

### & (b): Maintenance Inspections
. These regulations require thatan 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 parag raph (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. Equivalent Level of Safety: Given that these section and Part43 apply onlytoaircraftwith an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuantto the Company Manual System
. An equivalent level ofsafety will be ach ieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator 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. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the Company Manual System
. As required in the company Manual System , Argos shall ensure that the UAS is in working order priorto initiating flight and perform required maintenance as needed. EQUIMENT LIST Argos seeks an exemption to legally operate the following UASs for compensation or hire: 3DRSolo 

### o Total weight (with battery): 3
.3 lbs o Dimensions: Height 10
.2 in, Motor-to-motor 18
. 1 in o Max Ascent Speed: 5 m/s {11 mph) o Max Descent Speed: 2
.5 m/s (5 mph) o Under still air the maximum speed is about 55 mph (24.5 m/s) o Max altitude: 400 ft Page 5 of7

## PETITION FOR EXEMPTION 

# ~ ARGOS DATE: 02/01/2016



### o Max altitude above sea level: 1 0,000 

### ft o Operating Temperature: 32°F to 113°F o Max flight time: 25 minutes o Payload max capacity: 1
.1 lbs o GPS Mode: 3DR uBiox GPS with compass (LEA-6H module, 5 Hz update) o The 3DR Iris+ has the ability to hover and move along a vertical and horizontal plane simultaneously. o Four 880 kV motors, four 10 x 4
.5in self-tightening propellers o Intelligent Flight Battery: lithium polymer, 5200 mAh, 1 4.8 Vdc o The 3DR Solo remote controller has an operating frequency of2
.4 GHz for telemetry and control. o Maximum transmission distance: up to 2,500 ft 

### (outdoors and unobstructed) DJI Phantom 3 Professional 

### o Total weight: 1280g o Diagonal Size (Including Propellers): 590mm o Max Ascent Speed: 5 m/s o Max Descent Speed: 3 m/s o Under still air the maximum speed is about 16 m/s (about 36 mph) o Max altitude above sea level: 6000 m o Operating Temperature: 0°C to 40°C o Max flight time: approximately 23 minutes o GPS Mode: GPS/GLONASS o The DJI Phantom 3 has the ability to hover and move along a vertical and horizontal plane simultaneously
. o Four motors, four propellers o Intelligent Flight Battery: PH3-4480 mAh-15.2 V, Lithium Polymer 4S battery
. o The DJI Phantom 3 remote controller has an operating frequency of 2
.400 GHz-2.483 GHz including live video downlink and telemetry data
. o Maximum transmission distance: 2000m (outdoors and unobstructed) DJIInspire 1 Professional 

### o Total weight (including battery): 2935g o Diagonal Size (Including Propellers) : 559 to 581 mm o Dimensions: 438x451x301 mm o MaxAscent Speed: 5 m/s o Max Descent Speed: 4 m/s o Under still airthe maximum speed is about 22 m/s (about 49 mph) o Max altitude above sea level : 4500 m o Operating Temperature: -1 0°C to 40°C o Max flight time: approximately 18 minutes o The DJIInspire 1 has the ability to hover and move along a vertical and horizontal plane simultaneously
. Page 6 of7DATE: 02/01/2016



# ~ PETITION FOR EXEMPTION 

# ARGOS o Four DJI 3510 motors, four DJI1345 propellers o Intelligent Flight Battery: LiPo 6S High voltage battery, model TB47, 4500mAh, 22.2 V o The DJI Inspire C1 remote controller has an operating frequency of 5
.725-5
.825 GHz;2.400-2.483 GHz including live video downlink and telemetry data
. o Maximum transmission distance: 2000m (outdoors and unobstructed) ADDITIONAL INFORMATION The POC has been involved in implementing and establishing UAS operations since 2005 as part of his military career. As a highly trained military combat pilot holding an Airline Transport Pilot license, the POC has also flown well over 

### 40 hours of flight time in UAS category being sought under this petition
. The POC has an in-depth understanding of the capabilities and safety concerns involved in using this technology as part ofthe NAS. PROPRIETARY INFORMATION The Company Manual System contains proprietary information of Argos Unmanned Aerial Solutions, LLC
. It is intended solely for the use of Argos Unmanned Aerial Solutions, LLC for UAS operations. Such proprietary information may not be used, reproduced, or disclosed to any other parties for any other purpose without the expressed written permission ofArgos Unmanned Aerial Solutions, LLC. Therefore, Argos requests that the FAA protect all documents provided as part of this Petition for Exemption
. OPERATOR INFORMATION 

### Argos Unmanned Aerial solutions, LLC. ADDRESS: 56 Evergreen Court, Lititz, PA, 17543 EIN : 47-5644292 POC: Russell Flahive PHONE : (717) 283-4487 EMAIL: fltops@argosuas.com CLOSING Given the small size ofthe UAS and the controlled environment provided the proposed operations will adhere to the Reform Act's safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested exemption is in the public interest. Accordingly, the applicant requests thatthe FAA grant the requested exemption with minimum delay
. Argos thanks you for your consideration of th is Petition for Exemption. If you have any questions while reviewing this document, please do not hesitateto contact us. Onceagain thankyou foryour efforts in reviewing this Petition for Exemption and we look forward to your reply
.



# --------- .. Russell

### A. Flahive Founder/ChiefExecutive Officer

Page 7 of7