August 20, 2015

Exemption No. 12536 Regulatory Docket No. FAA

− 20 15

− 1500

Mr. Marcel Piet ArgenTech Solutions, Inc. 16701 SE. McGillivray

, Suite 210 Vancouver, WA 98683

Dear Mr. Piet :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter s dated April 21, 2015

, and July 9

, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of ArgenTech Solutions, Inc. ( hereinafter petitioner or

operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial inspection and monitoring of utilities, infrastructure, wildfire, and other emergency services

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and

the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner is a 3DRobotics Aero− M

.2

In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in

reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA

finds that relief from 14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( 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 Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the 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 propo rtions, 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.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in a ll material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by th e Administrator, ArgenTech Solutions, Inc. is granted an exemption

from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data

collection

. This exemption is subject to the conditions and limitations listed below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by

instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, ArgenTech Solutions, Inc. is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the 3DRobotics

Aero− M when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no mo re than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than

c orrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PI C must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and co nduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating

documents must be accessible during UAS operations and made available to the

Ad ministrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed.4

Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised

documents to the Administra tor or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update

or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating docu ments.

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, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at

least 500 feet from other p eople. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator 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 must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g.

, inoperable components, items, or equipment. If the

i nspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must 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 must comply with all manufacturer safety bulletins.

13. Under this grant of exempt ion, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a
state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may 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 be5

operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, v essels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) a nd determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated t raining sessions. During

traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance w ith 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The U A may 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 symbo l as denoted on the current

FAA

- published a eronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available

to the Administrator or an y law enforcement official upon request.

17. The UA may 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 PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air T raffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be con ducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification6

(N− Number) markings in accordance with 14 CFR pa rt 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the

PIC at the Ground Control St ation of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and

activities at all t imes.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present th at sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such p rotection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons ; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer t o those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representa tive will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported

to the FA A'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

.

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.7

29. The operator must have a motion picture and television operations manual (MPTOM)

as documente d in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of propos ed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted

und er this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;

d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement th at the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or repres entative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS

oper ations must comply with all applicable parts of 14 CFR including, but not limited to,

parts 45, 47, 61, and 91.8

This exemption terminates on August 31, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/

John S. Duncan Director, Flight Standards Service

EnclosuresArgenTech Solutions, Inc. 16701 SE McGillivray Suite 210 Vancouver, WA 98683 April 21, 2015

Manager, Flight Standards Service

Unmanned Aircraft Systems Integration Office

Federal Aviation Administration 800 Independence A venue, SW Washington, DC 20591

U.S. Department of Transportation Docket Management System

1200 New Jersey Avenue, SE Washington, DC 20590

ArgenTech Solutions respectfully requests an exemption from several provisions of Title 14 of the Code of Federal Regulations (C.F.R.) to permit the use of small unmanned aerial systems (sUAS) to assist in the evaluation and inspection of Public Utilities, Infrastructure, Forest Fire monitoring, and Emergency Public Response. This re quest is motivated primarily by the desire to maximize safety during high-risk and hazardous operations, as well as assisting with public emergencies, and to mitigate any safety concerns associated with such operations. While an exemption would not eliminate the current need fo r in-person visual insp ection and monitoring, it would allow ArgenTech Solutions to evaluate asse ts and infrastructure with sUAS, resulting in a safer and more efficient valuation of public utilities, infrastructure, wild fire monitoring and emergency public response.

Company Profile

ArgenTech Solutions (AgTS) is a Veteran- Owned Small Business formed in March 2009 as a NH-based S-corporation. Our co mpany’s core competencies incl ude providing Unmanned Aerial System (UAS) Field Service Representatives (FSRs) in support of Department of Defense (DoD), foreign governments, and civilian industry. AgTS is a professional aviation organization with significant experience in UAS ope rations, including: mission coordi nation/airspace deconfliction, UAS operations & maintenance, sensor applicatio ns, data compilation and analysis, and overall program safety.

AgTS has supported 182 deployments for DoD, with a combined total of 20,000 deployed operational days. As an aggregate, AgTS’ 50 highl y trained Field Service Representative’s (FSR) have accumulated over 40,000 hours of experience as Pilot-in-Command (P IC), with over 13,000 UAS launches and recoveries for Group II and hi gher UAS. Our average FSR experience level is >950 hours PIC, >650 launches and recoveries.

NOTES:ArgenTech Solutions, Inc. 16701 SE McGillivray Suite 210 Vancouver, WA 98683  All information pertaining to the proposed sy stem can be found in Appendix A (OEM manual).

 ArgenTech Solutions holds Unmanned Aircraft insurance with United States Aircraft Insurance Group (Policy Number SIHL1-142Y).

 ArgenTech Solutions intends to use the 3D Robotics Aero-M (The OEM Manual of which is attached as Appendix A) in its sUAS operations.

 ArgenTech intends to adopt ASTM F2500-07 Standard Practice for Unmanned Aircraft System (UAS) Visual Range Flight Operati ons (Attached as Appendix B) and ASTM F2909-

14 Standard Practice for Maintenance and Co ntinued Airworthiness of small Unmanned Aircraft Systems (Attached as Appendix C).

Regulatory Provisions from which Arge nTech Solutions seeks an Exemption

ArgenTech Solutions believes it will need an exemption from the following provisions to conduct the contemplated operations. In some in stances, relief is needed because relief from another provision renders compliance with the regulation at hand not feasible.

14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.7(a) 14 C.F.R. §91.9(b)(2) 14 C.F.R. §91.109(a) 14 C.F.R. §91.119 14 C.F.R. §91.151 14 C.F.R. §91.203(a) and (b) 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a)

ArgenTech Solutions believes an exemption is only needed from the above-listed regulatory provisions. To the extent that the FAA believes that additional re lief is required for ArgenTech

Solutions to conduct the operations described here, we reque st an exemption from any such regulatory provisions as well.

The Extent of Requested Relief an d the Reasons Relief is Needed

14 C.F.R. §61.113(a) and (b)

§61.113 Private pilot privileges an d limitations: Pilot in Command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compen sation or hire; nor may that person, for compensation or hire, act as pilo t in command of an aircraft.ArgenTech Solutions, Inc. 16701 SE McGillivray Suite 210 Vancouver, WA 98683 (b) A private pilot may, for compensation or hi re, act as pilot in command of an aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or hire.

ArgenTech Solutions’ specia lly trained and certified empl oyees will conduct the sUAS operations. While these individuals will have US FAA private pilot licenses, they will not hold commercial pilot licenses. The sUAS will not carry “property for compensation or hire” since they will be used solely to assist in evaluation and inspections of public uti lities and infrastructure. Without an exemption, the pilot would be requi red to hold a commercial pilot certificate under §61.133. However, the risk associated with the contemplated operations is less than the risk posed by a traditional manned aircraft. The sUAS will fly at altitudes well below the permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within a geographical envelope under the sole control of ArgenT ech Solutions. Accordingly, the risk would be limited to ArgenTech personnel, who will be appropriately out fitted in safety gear. Requiring a commercial pilot certificate would provide no appreciable safety benefit and would needlessly impose additional costs on ArgenTech and its customers. Because the contemplated operations would not comply with §61.113(b)(1) and none of the other exceptions to paragra ph (a) apply, relief is needed from both paragraphs (a) and (b).

14 C.F.R. 91.7(a)

§91.7 Civil aircraft airworthiness

.

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

(b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when un-airworthy mechanical, electrical , or structural conditions occur.

There is no clear definition of “airworthy” as applied to the proposed sUAS, and the term has been defined in various ways de pending on the applied circumstances. In all instances, it appears that the concept includes a requirement that the airplane 1) conforms to the aircraft’s documented type design or its type certificate, as modified by supplemental type certificates and airworthiness directives, and 2) be in condition fo r safe operations. The sUAS will not have a type design or type certificate, as the FAA has not developed standards applicable to sUAS. As discussed later in this document, the types of operations contemplated by ArgenTech will not qualify the sUAS for an experiment al airworthiness certif icate. Accordingly, relief from §91.7(a) is requested. Should the FAA include airworthine ss requirements as a condition of exercising the exemption, ArgenTech will assure the continued airworthiness of the sUAS. Regardless, ArgenTech believes that it can meet the requir ements of §91.7(b), and is not requesting an exemption from that provision.ArgenTech Solutions, Inc. 16701 SE McGillivray Suite 210 Vancouver, WA 98683 14 C.F.R. 91.9(b)(2)

§91.9 Civil aircraft flight manual, ma rking, and placard requirements.

... (b) No person may operate a U.S.-registered civil aircraft --

... (2) For which an Airplane or Rotorcraft F light Manual is not required by §21.5 of this chapter unless there is availa ble in the aircraft a current, approved manual material, markings, and placards, or any combination thereof.

...

The sUAS comes with access to online manuals that provide instructions for the safe operation and maintenance of the aircraft. Comp liance with this regulatory provision is not possible because this information has not been , and cannot be, approved by the FAA since there are no applicable standards established by the FAA against which to evaluate it. Additionally, the sUAS is too small to carry a printed manual. Sin ce, by definition, there will never be a person aboard the sUAS, ArgenTech submits that there is no need to require the manual to be placed on the sUAS and an exemption is appropriate. Safety will be maintained by keeping the flight manual at the ground control point where the PIC will ha ve immediate access to it. Since the sUAS cannot be operated without the Ground Control Station containing the manuals, there is minimal risk that the manuals will become separated from the sUAS , and ArgenTech will be able to immediately

locate the manuals to effectuate any needed repairs on the sUAS detailed in the flight manual.

14 C.F.R. 91.109

§91.109 Flight instruction; simulated instru ment flight and certain flight tests.

(a) No person may operate a civil aircraft (except a manned free ba lloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls....

Small UASs, by their design, do not have fully functional dual controls . Flight control is accomplished through the use of a Ground Control Stat ion that communicates with the aircraft via radio communications (C2 Link). Ai rcraft being considered for use by ArgenTech allows the UAS Instructor to place the aircraft into ‘loiter’ mode (fi xed altitude stationary ho ld). In the event of the student losing control, the UAS Instructor can quickly and via alternate equipment (equipment not in the hands of the student) place the aircraft into a mode that then allows the instructor to bring

the aircraft back into control and back to th e pre-determined and/or safe landing location.

14 C.F.R. 91.119

§91.119 Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:ArgenTech Solutions, Inc. 16701 SE McGillivray Suite 210 Vancouver, WA 98683 ... (c) Over other than congested areas. An a ltitude of 500 feet a bove the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any pe rson, vessel, vehicle, or structure.

... ArgenTech submits that the only relief it requires from §91.119 is from the minimum altitudes listed in paragraph (c). Relief is required from paragraph (c) for fixed wing operations

because asset evaluation conducted at 500 feet or higher is insufficiently distinct to be meaningful. Since operations at this altitude al so pose a heightened risk of collis ion with another aircraft, safety can only be assured through the gran t of an exemption. The anticipated aircraft operations should be adequately addressed by paragr aph (d) (1). Additionally, relief should not be needed from paragraph (a) because an emergency landing of the aircraft due to a power failure will not create an undue hazard to persons or property on the surf ace, as noted in the explanation of why an exemption will not adversely affect safety.

ArgenTech will have exclusive use of the land over which the sUAS will be operated, and public access is restricted. Controlled access to public utility land, structures or emergency response areas assure that no indi viduals unassociated with the pla nned operations are within the affected area of operations. ArgenTech perso nnel are required to w ear mandatory safety equipment, including hard hats, safety glasses when ever dispatched to a work site. As such, the risk of injury is minimal. ArgenTech does not contemplate conducting operations over congested areas, so relief is not requ ested from paragraph (b).

14 C.F.R. 91.151

§91.151 Fuel requirements for flight in VFR conditions.

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather condit ions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed –

(1) During the day, to fly after that for at least 30 minutes.

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather condit ions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that

for at least 20 minutes.

Operating the sUAS in a pre-defined area with less than 30 minutes of reserve fuel does not raise the type of risk contemplated by §91.151, i.e., that an aircraft could run out of fuel in the event it has to be flown to an alternate airport or circle the planned airport in the event of unanticipated conditions. ArgenTech does not inte nd to use the sUAS for point-to-point flights and will not operate the sUAS be yond visual line of sight. Nor will the sUAS require an airport in order to land. Rather, ArgenTech wi ll operate the sUAS using pre-pl anned flight paths (taking into account weather conditions) designed to allow the sUAS to fly to the point of intended landing.ArgenTech Solutions, Inc. 16701 SE McGillivray Suite 210 Vancouver, WA 98683 As such, there is no need for a time-based excess fuel requirement. Rather it should be sufficient to require only as much additional excess flight capacity as necessary to safely land the sUAS. We believe that a 20% energy reserve is more than sufficient to meet this objective.

14 C.F.R. 91.203(a) and (b)

§ 91.203 Civil Aircraft: Certifications required.

(a) Except as provided in §91.715, no person ma y operate a civil airc raft unless it has within it the following:

(1) An appropriate and current airworthiness certificate. ...

(2) An effective U.S. registration certificate issued to its owner or, for operations within the United States, the second copy of the Aircraft Registration Application as provided for in §47.31(c), or a registration certification issued under the laws of a foreign country.

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a speci al flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

...

The sUAS that ArgenTech intends to operate will not qualify for an airworthiness certificate

unless the FAA chooses to issue them a restricted category certificate. This is because the sUAS

do not meet the current conditions for either a stan dard airworthiness certificate or an experimental

airworthiness certif icate. Notably, under 14 C.F.R. §21.191, 8 experimental airworthiness certificates are only available for research and de velopment, showing compliance with regulations, crew training, exhibitions, air racing, market surveys, operating amateur-built aircraft, operating primary kit-built aircraft and operating light-sport aircraft. Until such time as the FAA develops airworthiness standards appli cable to sUAS for non-recreati onal and nonexperimental use, ArgenTech submits that the FAA should consider exemptions to the requirements of §91.203(a). The absence of such exemptions hinders the development of sUAS and applicable uniform standards since it is only through the development of the aircraft that the FAA can reliably evaluate them and determine appropriate design standards.

Section 333 of the Modernization Act author izes the FAA to exempt aircraft from the requirement for an airworthiness certificate base d on a consideration of the size, weight, speed, operational capability of the particular UAS, as well as its proximity to airports and populated areas. An analysis of these criteria demonstrates that the sUAS operated without an airworthiness

certificate in the areas and under the conditions contemplated by Ar genTech will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the conditions proposed in this request. The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates exclusively within a secured area as set out in the UAS Operating Manual (Appendix B). Un like other civil aircraft , operations under this exemption will be tightly controlled and monitore d by the operator and observer. Operations willArgenTech Solutions, Inc. 16701 SE McGillivray Suite 210 Vancouver, WA 98683 be conducted in compliance with the FAA and with local public safety requirements to provide security for the area of operation. Lastly, applicat ion of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, location of operation, lack of e xplosive materials and inability to carry a substantial external load.

If the FAA waives the requirements of paragra ph (a) (1), then it is technically impossible to comply with paragraph (b), so an exemption is merited there as well.

14 C.F.R. 91.405(a), 91.407(a) (1) and 14 C.F.R. 91.409(a)

§91.405 Maintenance required.

Each owner or operator of an aircraft –

(a) Shall have that aircraft inspected as pres cribed in subpart E of this part and shall between required inspections, except as provide d in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter;

... §91.407 Operation after mainte nance, preventive mainte nance, rebuilding, or

alteration.

(a) No person may operate any aircraft that has undergone maintenance, rebuilding, or

alteration unless:

(1) It has been approved for return to se rvice by a person aut horized under §43.7 of this chapter;

...

§91.409 Inspections.

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preced ing 12 calendar months, it has had

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by §43.7 of this chapter; or

(2) An inspection for the issuance of an ai rworthiness certificat e in accordance with part 21 of this chapter.

...

ArgenTech believes that an exemption from these three maintenance requirements is appropriate because the FAA has not developed maintenance standards for UAS that would allow an operator to meet the part 91 maintenance requirements. In par ticular, there are no individuals authorized by the FAA to approve a sUAS for re turn to service under §91.407(a) or to conduct the

initial airworthiness and annual return to service inspections required by §91.409(a). ArgenTech will maintain the aircraft as instructed in the owner’s manual and ASTM F2909(Attached asArgenTech Solutions, Inc. 16701 SE McGillivray Suite 210 Vancouver, WA 98683 Appendix C), where applicable, and will not operate th e aircraft until it has reasonably determined that any needed repairs have been made. Howeve r, because of the tec hnical impossibility of meeting the requirements of §§91.405(a), 407(a) a nd 409(a), we believe an exemption from these provisions is appropriate.

Please do not hesitate to contac t me at the phone number or via the e-mail address provided above should you have any questions or concerns.

Respectfully,

Marcel Piet

President-UAS Services

603-836-0588 X122 | Cell: 207-651-3476

Email: mpiet@agts.usArgenTech Solutions, Inc. 16701 SE McGillivray Suite 210 Vancouver, WA 98683 Summary for Federal Register Publications

Pursuant to 14 C.F.R. Part 11, the following su mmary is provided for publication in the Federal Register should the FAA determine that publication is needed.

Petitioner: ArgenTech Solutions

Sections of 14 C.F.R. Affected: 14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.7(a) 14 C.F.R. §91.9(b) (2) 14 C.F.R. §91.109(a) 14 C.F.R. §91.119 14 C.F.R. §91.151 14 C.F.R. §91.203(a) and (b) 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a)

Description of Relief Sought: Petitioner seeks relief from th e requirements of 14 C.F.R. §§45.29, 61.113(a) & (b), 91.7(a), 91.9(b)(2), 91.119, 91.121(a), 91.151, 91.203(a) &(b), 91.405(a), 91.407(a) and 91.409(a) to conduct sUAS operations over privet and publicly owned or controlled land, solely during daylight hours, to assist in th e safe evaluation and analysis of public utility's and infrastructure and operations. In general, sUAS operations are intended to be conducted in areas remote from both congested areas and air ports. The nature of ope rations anticipated by ArgenTech requires that the sUAS be flown at relatively low altit udes. ArgenTech expects that in most instances, the sUAS will be flown less than 75 feet from the highest structure along the path

of the sUAS and in no instances will be flown hi gher than 400 f eet above the ground. Accordingly,

the risk of interference with other aircraft is minimal.ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683 9 July, 2015

Brenda Robeson Program Analyst, Airmen and Airspace Rules Division 800 Independence Ave. SW Washington, D.C. 20591

Dear Ms. Robeson

We are in receipt of your letter dated 26 June, 2015 notifying us of the FAA request for additional information required to process our request for e xemption from several provisions of Title 14 of the Code of Federal Regulations (C.F.R .). In your letter you indicated we needed to provide: “The reasons why grantin g the request would be in the public interest: That is, how it would benefit the public as a whol e.” The section below provides the requested information. Also attached is our original request with the paragraphs below inserted to provide a complete

document.

Reason why granting the request would be in the public interest

This exemption application is submitted to fulf ill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This law direct s the Secretary of Transportation to consider whether certain unmanned aircraft systems may ope rate safely in the NAS before completion of the rulemaking required under S ection 332 under the same act. By granting an exemption the FAA will fulfill Congress’ intent of allowing UAS to operate with significant safety precautions in low risk environments.” See Exempti on No. 11335, Regulatory Docket No. FAA–2014-1106, p.11

The use of small unmanned aircraft (sUAS) for infrastructure inspection can significantly reduce the risk to workers of falls while inspecting, su rveying, or monitoring numerous projects. sUAS can inspect, photograph, and collect real time data in hard to get to areas that as of now require worker inspection. Falls are the leading source of workplace fatality and injury on construction sites accounting for 36% of total deaths accordin g to OSHA statistics a nd a reduction of falls through the use sUAS for site imaging and insp ection could save workers’ lives, which is undoubtedly in the public interest. The petitioned aircraft is under the fifty-five pound threshold and carries no combustible material on board, as opposed to the much larger conventionally powered aircraft. Shifting to sUAS from other ma nned assets presents a marked safety increase for workers and the public. See similar approv ed Exemption No. 11335, Regulatory Docket No. FAA–2014-1106, p 11ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683 As stated “The FAA finds that a grant of exempti on is in the public interest. The enhanced safety achieved using a UA with the specifications described by the petiti oner and carrying no passengers or crew, rather than a manned aircra ft of significantly great er proportions, carrying crew in addition to flammable fuel, gives th e FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.” See Exemption No. 11062, Regulatory Docket No. FAA–2014–0352, p. 22

Thank you for the notification and allowing us to provide the addi tional information. Should you have any further request for information, pl ease feel free to cont act me again.

Respectfully,

Marcel Piet

President

‐ UAS Services

603

‐ 836

‐ 0588 X122 | Cell: 207

‐ 651

‐ 3476

Email: mpiet@agts.usArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683 Manager, Flight Standards Service

Unmanned Aircraft Systems Integration Office

Federal Aviation Administration 800 Independence A venue, SW Washington, DC 20591

U.S. Department of Transportation Docket Management System

1200 New Jersey Avenue, SE Washington, DC 20590

ArgenTech Solutions respectfully requests an exemption from several provisions of Title 14 of the Code of Federal Regulations (C.F.R .) to permit the use of small unmanned aerial systems (sUAS) to assist in the evaluation and inspection of Public Utilities, Infrastructure, Forest Fire monitoring and Emergency Public Res ponse. This request is motivated primarily by the desire to maximize safety during hazardous op erations, as well as assisting with public emergencies and to mitigate any safety concerns associated with such operations. While an exemption would not eliminate the current need fo r in-person visual insp ection and monitoring it would allow ArgenTech Solutions to evaluate asse ts and infrastructure with sUAS, resulting in a safer and more efficient valuation of public util ities, infrastructure, wild fire monitoring and emergency public response.

Company Profile

ArgenTech Solutions (AgTS) is a Veteran-Owned Small Business that was formed in March 2009 as a NH-based S-corporation. Our co mpany core competencies include providing Unmanned Aerial System (UAS) Field Service Representatives (FSRs) in support of DoD and civilian industry. AgTS is a professional avia tion organization with significant experience in UAV operation.

AgTS has supported 182 deployments with a combined total of 20,000 deployed days. As an aggregate, AgTS’ 50 highly trained Field Serv ice Representative’s (FSR) have accumulated over 40,000 hours of experience as Pilot in Co mmand (PIC) with over 13,000 UAS launches and recoveries for Group II and higher UAS. Our aver age FSR experience level is >950 hours PIC,

>650 launches and recoveries.

NOTE:

All information pertaining to this system can be found in Appendix A (OEM manual).ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683 ArgenTech Solutions hold's Unmanned Aircraft in surance with United States Aircraft Insurance Group (Policy Number SIHL1-142Y).

ArgenTech Solutions intends to use the 3DR obotics Aero-M (The OEM Manual of which is attached as Appendix A) in its sUAS operations.

ArgenTech intends to adopt

ASTM F2500-07 Standard Practice for Unma nned Aircraft System (UAS) Visual Range Flight Operations (Attached as Appendix B)

ASTM F2909-14 Standard Practice for Main tenance and Continued Airworthiness of small Unmanned Aircraft Systems (Attached as Appendix C).

Reason why granting the request would be in the public interest

This exemption application is submitted to fulf ill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This law direct s the Secretary of Transportation to consider whether certain unmanned aircraft systems may ope rate safely in the NAS before completion of the rulemaking required under S ection 332 under the same act. By granting an exemption the FAA will fulfill Congress’ intent of allowing UAS to operate with significant safety precautions in low risk environments.” See Exempti on No. 11335, Regulatory Docket No. FAA–2014-1106, p.11

The use of small unmanned aircraft (sUAS) for infrastructure inspection can significantly reduce the risk to workers of falls while inspecting, su rveying, or monitoring numerous projects. sUAS can inspect, photograph, and collect real time data in hard to get to areas that as of now require worker inspection. Falls are the leading source of workplace fatality and injury on construction sites accounting for 36% of total deaths accordin g to OSHA statistics a nd a reduction of falls through the use sUAS for site imaging and insp ection could save workers’ lives, which is undoubtedly in the public interest. The petitioned aircraft is under the fifty-five pound threshold and carries no combustible material on board, as opposed to the much larger conventionally powered aircraft. Shifting to sUAS from other ma nned assets presents a marked safety increase for workers and the public. See similar approv ed Exemption No. 11335, Regulatory Docket No. FAA–2014-1106, p 11

As stated “The FAA finds that a grant of exempti on is in the public interest. The enhanced safety achieved using a UA with the specifications described by the petiti oner and carrying no passengers or crew, rather than a manned aircra ft of significantly great er proportions, carrying crew in addition to flammable fuel, gives th e FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.” See Exemption No. 11062, Regulatory Docket No. FAA–2014–0352, p. 22ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683 Regulatory Provisions from which Arge nTech Solutions seeks an Exemption

ArgenTech Solutions believes it may need an exemption from the following provisions to conduct the contemplated operations. In some inst ances, relief is needed because relief from another provision renders compliance w ith the regulation at hand infeasible.

14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.7(a) 14 C.F.R. §91.9(b)(2) 14 C.F.R. §91.109(a) 14 C.F.R. §91.119 14 C.F.R. §91.151 14 C.F.R. §91.203(a) and (b) 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a)

ArgenTech Solutions believes an exempti on is only needed from the above-listed regulatory provisions. To the exte nt that the FAA believes that additional relief is required for ArgenTech Solutions to conduct the operations de scribed here, we request an exemption from any such regulatory provisions as well.

The Extent of Requested Relief an d the Reasons Relief is Needed

14 C.F.R. §61.113(a) and (b)

§61.113 Private pilot privileges and limitations: Pilot in command. (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passeng ers or property for compensation or

hire.ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683 ArgenTech Solutions specially trained employees will conduct the sUAS operations. While these individuals will have private pilot licenses, th ey will not hold commercial pilot licenses. The sUAS will not carry property for compensation or hire since they will be used solely to assist in evaluation and inspections of public utilities and infrastructure. W ithout an exemption, the pilot would be required to hold a commercial pilot certific ate under §61.133. However, the risk associated with the contemplated operations is less than the risk posed by a traditional aircraft. The sUAS will fly at altitudes well below the permissible limits for other civil aircraft, eliminating the risk to other aircraft, and within a geographical envelope under the sole control of ArgenTech Solutions. Accordingly, the risk w ould be limited to ArgenTech personnel, who will be appropriately outfitted in safety gear. Requiring a commercial pilot certificate would provide no appreciable safety benefit and would needlessly impose additional cost on ArgenTech. Because the contemplated operations would not comply with §61.113(b)(1) and none of the other exceptions to paragraph (a) apply, relief is needed from both paragraphs (a) and (b).

14 C.F.R. 91.7(a)

§91.7 Civil aircraft airworthiness

. (a) No person may operate a civil aircraft unless it is in an airworthy condition. (b) The pilot in command of a civil ai rcraft is responsible for determining

whether that aircraft is in condition for safe flight . The pilot in command shall discontinue the flight wh en un-airworthy mechanical, electrical, or structural

conditions occur.

There is no clear definition of “airworthy,” a nd the term has been defined in various ways depending on the circumstances. In all instances, it appears that the concept includes a requirement that the airplane 1) conforms to the ai rcraft’s type design or its type certificate, as modified by supplemental type certificates and ai rworthiness directives, and 2) be in condition for safe operations. The sUAS will not have a type design or type certificate, as the FAA has not developed standards applicable to sUAS. As di scussed later in this document, the types of operations contemplated by ArgenTech will not qualify the sUAS for an experimental

airworthiness certificate. Accordi ngly, relief from §91.7(a) is required. Should the FAA include airworthiness requirements as a condition of ex ercising the exemption, ArgenTech will assure

the continued airworthin ess of the sUAS. Regardless, ArgenTech believes that it can meet the requirements of §91.7(b) and is not requesting an exemption from that provision.

14 C.F.R. 91.9(b)(2)

§91.9 Civil aircraft flight manual, marking, and placard requirements.

*** (b) No person may operate a U.S.-registered civil aircraft --ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683 *** (2) For which an Airplane or Rotorcra ft Flight Manual is not required by §21.5 of this chapter unless there is available in the aircraft a current, approved manual material, markings, and placards, or any combination thereof.

*****

The sUAS comes with access to online manuals that provide instructions for the safe operation and maintenance of the aircraft. Compliance with this regulatory provision is not possible because this information has not been, and cannot be, approved by the FAA since there are no applicable standards established by the F AA against which to evaluate it. Additionally, the sUAS is too small to carry a printed manua l. Since, by definition, there will never be a person aboard the sUAS, ArgenTech submits that th ere is no need to require the manual to be placed on the sUAS and an exemption is appropri ate. Safety will be maintained by keeping the flight manual at the ground control point where the PIC will have immediate access to it. Since the sUAS cannot be operated without the Ground C ontrol Station containing the manuals, there

is minimal risk that the manuals will become separated from the sUAS, and ArgenTech will be able to immediately locate the manuals to effectuate any needed repairs on the sUAS detailed in the flight manual.

14 C.F.R. 91.109

§91.109 Flight instruction; simulated instrument flight and certain flight

tests.

(a) No person may operate a civil aircra ft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual

controls....

Small UASs, by their design, do not have fully functional dual controls . Flight control is accomplished through the use of a Ground Control St ation that communicates with the aircraft via radio communications (C2 Link) . Aircraft being considered fo r use by ArgenTech allows the UAS Instructor to place the aircraft into ‘loite r’ mode (fixed altitude stationary hold). In the event of the student losing cont rol, the UAS Instructor can quic kly and via alternate equipment

(equipment not in the hands of th e student) place the aircraft into a mode that then allows the instructor to bring the aircraft back into cont rol and back to the pre-determined and/or safe landing location.

14 C.F.R. 91.119

§91.119 Minimum safe altitudes: General.ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683 Except when necessary for takeoff or land ing, no person may operate an aircraft below the following altitudes:

*** (c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populat ed areas. In those cases, the aircraft may not be operated closer than 500 f eet to any person, vessel, vehicle, or

structure.
*****

ArgenTech submits that the only relief it re quires from §91.119 is from the minimum altitudes listed in paragraph (c). Relief is re quired from paragraph (c) for fixed wing operations

because asset evaluation conducted at 500 feet or higher is insufficiently distinct to be meaningful. Since operations at this altitude also pose a heightened risk of collision with another aircraft, safety can only be assured through the gr ant of an exemption. The anticipated aircraft operations should be adequately addressed by para graph (d) (1). Additionally, relief should not be needed from paragraph (a) because an emer gency landing of the aircraft due to a power failure will not create an undue hazard to persons or property on the surface. As noted in the explanation of why an exemption will not adversely affect safety,

ArgenTech will have exclusive use of the land over which the sUAS will be operated, and public access is restricted. C ontrolled access to public utility land, structures or emergency response areas assure that no individuals unassociat ed with the planned oper ations are within the affected area of operations. ArgenTech pers onnel are required to wear mandatory safety equipment, including hard hats, safety glasses when ever dispatched to a work site. As such, the risk of injury is minimal. ArgenTech does not contemplate conducting oper ations over congested areas, so relief is not requ ested from paragraph (b).

14 C.F.R. 91.151

§91.151 Fuel requirements for flight in VFR conditions.

(a) No person may begin a flight in an airplane under VF R conditions unless (considering wind and forecast weather c onditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed – (1) During the day, to fly afte r that for at least 30 minutes.ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683 (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather c onditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly

after that for at least 20 minutes.

Operating the sUAS in a pre-defined area with less than 30 minutes of reserve fuel does not raise the type of risk contemplated by §91.151, i. e., that an aircraft could run out of fuel in the event it has to be flown to an alternate airpor t or circle the planned airport in the event of unanticipated conditions. ArgenTech does not intend to use the s UAS for point-to-point flights and will not operate the sUAS beyond visual line of sight. Nor will the sUAS require an airport in order to land. Rather, ArgenTech will operate the sUAS using pre-planned flight paths (taking into account weather conditions) designed to allo w the sUAS to fly to the point of intended landing. As such, there is no need for a time-bas ed excess fuel requiremen t. Rather it should be sufficient to require only as much additional excess flight capacity as necessary to safely land the sUAS. We believe that a 20% energy reserve is more than sufficient to meet this objective.

14 C.F.R. 91.203(a) and (b)

§ 91.203 Civil Aircraft: Certifications required. (a) Except as provided in §91.715, no pers on may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate. *** (2) An effective U.S. registration ce rtificate issued to its owner or, for operations within the United Stat es, the second copy of the Aircraft Registration Application as provided for in §47.31(c), or a registration certification issued under the laws of a foreign country. (b) No person may operate a civil airc raft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entran ce so that it is legible to

passengers or crew. *****

The sUAS that ArgenTech intends to operate will not qualify for an airworthiness certificate

unless the FAA chooses to issue them a restricted category certificate. This is because the sUAS

do not meet the current conditions for either a standard airworthine ss certificate or an experimental airworthin ess certificate. Notably, under 14 C.F.R. §21.191, 8 experimental airworthiness certificates are only available for research and development, showing compliance with regulations, crew training, exhibitions, air racing, market su rveys, operating amateur-built aircraft, operating primary kit-built aircraft and operating light-sport aircraft. Until such time asArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683 the FAA develops airworthiness standards a pplicable to sUAS for non-recreational and nonexperimental use, ArgenTech submits that the FAA should consider exemptions to the requirements of §91.203(a). The absence of such exemptions hinders the development of sUAS and applicable uniform standards since it is only through the devel opment of the aircraft that the FAA can reliably evaluate them and de termine appropriate design standards.

Section 333 of the Modernization Act authoriz es the FAA to exempt aircraft from the requirement for an airworthiness certificate base d on a consideration of the size, weight, speed, operational capability of the particular UAS, as we ll as its proximity to airports and populated areas. An analysis of these criteria demonstrates that the sUAS operated without an airworthiness

certificate in the areas and under the conditions c ontemplated by ArgenTech will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an

airworthiness certificate without the conditions proposed in th is request. The sUAS is less than 55 lbs. fully loaded, carries neither a pilot no r passenger, and operates exclusively within a secured area as set out in the UAS Operating Ma nual (Appendix B). Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator and observer. Operations will be conducted in complia nce with the FAA and with local public safety requirements to provide security for the area of operation. Lastly, app lication of these same criteria demonstrates that there is no credible threat to national security posed by the sUAS, due to its size, speed of operation, location of operati on, lack of explosive materials and inability to carry a substantial external load.

If the FAA waives the requirements of paragr aph (a) (1), then it is technically impossible to comply with paragraph (b), so an exemption is merited there as well.

14 C.F.R. 91.405(a), 91.407(a) (1) and 14 C.F.R. 91.409(a)

§91.405 Maintenance required. Each owner or operator of an aircraft – (a) 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;

*****

§91.407 Operation after maintenance, p reventive maintenance, rebuilding, or

alteration. (a) No person may operate any aircra ft that has undergone maintenance, rebuilding, or alteration unless – (1) It has been approved for return to service by a pers on authorized under §43.7 of this chapter;

*****

§91.409 Inspections.ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683 (a) Except as provided in paragraph (c) of this section, no pe rson may operate an aircraft unless, within the preced ing 12 calendar months, it has had __ (1) An annual inspection in accordan ce with part 43 of this chapter and has been approved for return to servi ce by a person authorized by §43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

*****

ArgenTech believes that an exemption from these three maintenance requirements is appropriate because the FAA has not developed maintenance standards that would allow an operator to meet the part 91 maintenance requir ements. In particular, there are no individuals authorized by the FAA to approve a sUAS for return to service under §91.407(a) or to conduct

the initial airworthiness and annual return to service in spections required by §91.409(a). ArgenTech will maintain the aircraft as in structed in the owner’s manual and ASTM F2909(Attached as Appendix C), where applicable, and will not operate the aircraft until it has reasonably determined that any needed repairs have been made. However, because of the technical impossibility of meeting the requirements of §§91.405(a), 407(a) and 409(a), we believe an exemption from these provisions is appropriate.

Please do not hesitate to contact me at the phone number or via the e-mail address provided above should you have any questions or concerns.

Respectfully,

Marcel Piet

President

‐ UAS Services

603

‐ 836

‐ 0588 X122 | Cell: 207

‐ 651

‐ 3476

Email: mpiet@agts.usArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683 Summary for Federal Register Publication

Pursuant to 14 C.F.R. Part 11, the following su mmary is provided for publication in the Federal Register should the FAA determine that publication is needed.

Petitioner: ArgenTech Solutions

Sections of 14 C.F.R. Affected: 14 C.F.R. §61.113(a) and (b) 14 C.F.R. §91.7(a) 14 C.F.R. §91.9(b) (2) 14 C.F.R. §91.109(a) 14 C.F.R. §91.119 14 C.F.R. §91.151 14 C.F.R. §91.203(a) and (b) 14 C.F.R. §91.405(a) 14 C.F.R. §91.407(a) 14 C.F.R. §91.409(a)

Description of Relief Sought: Petitioner seeks relief from th e requirements of 14 C.F.R. §§45.29, 61.113(a) & (b), 91.7(a), 91.9(b)(2), 91.119, 91.121(a), 91.151, 91.203(a) &(b), 91.405(a), 91.407(a) and 91.409(a) to conduct sUAS opera tions over privet and publicly owned or controlled land, solely during day light hours, to assist in the sa fe evaluation and analysis of public utility's and infrastructure and operations. In general, sUAS operations are intended to be

conducted in areas remote from both congested areas and airports . The nature of operations anticipated by ArgenTech requires th at the sUAS be flown at relati vely low altitudes. ArgenTech expects that in most instances, the sUAS will be flown less than 75 feet from the highest structure along the path of the sUAS and in no in stances will be flown higher than 400 feet above the ground. Accordingly, the risk of interf erence with other airc raft is minimal.