AirShark LLC Petition for Exemption

– Section 333 Title 14 CFR 111.81 (FAA)

March 13 2015 US Department ofTransportation Docket Management System 1200 New JerseyAve, SE Washington, DC 20590 Electronically submitted via regulations.govfrom: Jake Holliman 530 Tatum Place Heath, TX 75032 jakegholliman@yahoo.com 214

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-5333 Jake Holliman is requesting a petition for exemption (Section 333) to fly small UAS forthe purpose of infrastructure inspection work such as solarfarms, wind turbines and construction projects. Jake Holliman is focusing on supporting energy and infrastructure since it’s a critical part ofour nation’s economic success. Using UAS, we can help contractors and managers inspect aging infrastructure, at reduced risk while providing a new level of information not previously accessible. In addition, noise and air pollution is less than alternatives. We are seeking exemption from several CFR’s as noted below that remain burdensome to Jake Holliman doing business and growing. We believe and will provide supporting documentation that Jake Holliman can provide a level ofsafety greaterthan or equal to the rules we are seeking exemption from. This request is in the public interest, our interest and our local communities interest here in rural Vermont and New England. We have completed due diligence and have noticed profound potential impacts from safety to economic impacts to information quality.

Aircraft AirShark is currently in the process of registering (2) DJI Phantom Vision+ UAS. The Specific sections ofTitle 14 ofthe Code of Federal Regulations from Jake Holliman requests exemption: 14 CFR : Part 21 Subpart H; 61.113(a)&(b); 91.121; 91.151; 91.405(a); 91.407(a) (1); 91.409(a)(1) and (2); 91.417(a)&(b) For Each CFR

– I have created a response addressing : 1) Rule is burdensome to Jake Holliman

... 2) Jake Holliman can provide a level of safety greaterthan or equal to the rule we are seeking exemption to. Explain... 3) This request is in the public interest (Jake Holliman/ Public / Community) RE: Exemption Request Section 333 of FAA Reform Act of F.A.R.s. and 14 CFR Part 11. 14 CFR 21 H

–Air

Worthiness Certificates sets forth requirements for procurement of necessary airworthiness cer

tificates in relation to FAR § 91.203(a)(1). The size, weight and operational area of my, UAS permits exemption from Part 21 because my UAS meets (and exceeds) an equivalent level ofsafety pursuant to Section 333 ofthe Reform Act. The FAA is authorized toexempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. §

44701 (f)) and Section 333 ofthe Reform Act. Both pieces of legislation permit the FAAto exempt UAS's from the airworthiness certificate requirement in consideration ofthe weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Jake Holliman meet or exceed each ofthe elements. Subpart H 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 aircraft to be utilized by Jake Holliman, an exemption from Part 21 Subpart H meets the requirements of an equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 USC 44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirementfor an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular SUAS. In all cases, an analysis of these criteria demonstrates that the SUAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed, will be at least as safe, or safer, than a conventional aircraft operating with an airworthiness certificate without the restrictions and conditions proposed. 61.113 (a)(b) Private Pilot Privileges and Limits These regulations limit private pilots to non commercial operations. Because the SUAS will not carry a pilot or passengers; due to the SUAS’s size, weight, speed, and operational capabilities; and since operations will occur in tightly controlled and limited airspace, the proposed operations can achieve the equivalent level of safety of current operations that currently require a commercial pilot’s license while still benefiting the public good. 91.121 regarding altimeter settings is inapplicable insofar as our UAS utilizes electronic global positioning systems with a barometric sensor. This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeterthat is set “...to the elevation ofthe departure airport or an appropriate altimeter setting available before departure.” As the SUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safetywill be achieved by the operator by confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. 91.151(a) prescribes that no person may begin a flight in an airplane undervisual flight rules (VFR) conditions unless (considering wind and forecastweather 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 af terthatfor at least 30 minutes; This regulation prohibits an individual from beginning “a flight in an airplane underVFR conditions unless (considering wind and forecastweather 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 afterthat for at least 30 minutes; or (2) At night, to fly af terthatfor at least 45 minutes.” The battery powering the SUAS provides approximately 25 minutes of powered flight. That would make it impossible to meet the 30 minute reserve requirement. Given the limitations on the SUAS’s flight area and the location of its operations within a predetermined area, a longertime frame forflight in daylightVFR conditions is reasonable. An equivalent level of safety can be achieved by limiting flights to 25 minutes or 25% of battery power (whichever occurs first). This restriction would bemore than adequate to return the SUAS to its planned landing zone from anywhere in its limited

operating area. Maintenance Inspections 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart E ofthe same part and shall, between required inspections, except as provided in paragraph (c) ofthe same section, have discrepancies repaired as prescribed in part 43 ofthe chapter. 91.407 (a)(1); prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under § 43.7 ofthe same chapter. 91.409 (a)(1) and (2); prescribes that no person may operate any aircraft unless, within the preceding 12 calendar months, it has had an inspection forthe issuance ofan airworthiness certificate in accordance with part 21 ofthis chapter

. 91.417 (a)(b) The above cited Regulations require, amongst otherthings, aircraft owners and operators to

“have [the] aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter.

. . .” These Regulations only apply to aircraftwith an airworthiness certificate. Theywill not, therefore, apply to out UAS. However, as a safety precaution AirShark shall inspect all UAS before and after each flight. (see attachmentfor user manual). These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply. Maintenance will be accomplished by the operator pursuant to the Phantom user manual and guide. An equivalent level ofsafetywill be achieved because these small SUASs are very limited in size, will carry a small payload, and operate only in restricted areas for limited periods oftime. If mechanical issues arise, the SUAS can land immediately and will be operating from no higherthan 400 feetAGL. Further, the operatorwill ensure that the SUAS is in working order priorto initiating flight and perform maintenance as required. Moreover, the operator is the person mostfamiliarwith the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. UAS Equipment Jake Holliman plans to utilize a DJI Phantom2 Vision+. Jake Holliman PIC will operate the UAS in a safe mannerfully aware ofthe NAS minimizing risk on both the ground and air. With full VLOS and redundant systems on board as well as GPS the UAS will be carefully guided to inspect infrastructure and energy installations. Jake Holliman shall officially registerthe UAS with the FAA before anyflights commence. See the attached documents for design and operation characteristics. Checklists will be amended as need to create an even higher level of safety. For instance, battery data will be aggregated with each flight log using in house software.UAS are less than 50lbs and fly less than 30 MPH and under400ft. Flights will be ceased and

UAS will return to home at 25% battery power. A Return to Home feature is available and can be used should connectivity or power issues arise. Procedures Preflight checklists will be followed (see attached user guide). Maintenance and repairs will be logged and batteries will be logged as well. (attached user manual). Radio Frequencies 2.4 and 5.8 Radio Spectrum Frequencies will be used to communicate and provide video feeds from the UAS to a ground station. All frequencies and usage will comply with existing FCC bands. In addition, ground spotters (Visual Observers) will be equipped with a 462 MHz radios complying with part 15 FCC and be in communication at all times with PIC. Pilot in Command (PIC) and Visual Observer Rules/Goals Pilot will be “re certified” via flight review before May 2015 (S.E.L.) with (3rd Class Medical) o Total Hrs. 140 o Total UAS Hrs. 25 o License / Certificate #_FF1687500 AVisual Observerwill understand basic UAS operational characteristics, safety protocols and have site understanding to help in successful missions. The visual observerwill primarily be for keeping an extra set of eyes on the skywhile noting proximity to ground hazards including people and property. Prompt notification via radio will be keyfor quick communication. Operation of UAS / Privacy/ Public Safety Jake Holliman is aiming to work with customers in the construction, energy and infrastructure space in primarily Northern New England to start. Jake Holliman will inspect solar panels, wind turbines, construction sites and bridges (for example). Our nation's infrastructure requires tremendous amounts of maintenance and check ups and is aging. We feel that using UAS will complement existing technologies and equipment that is being used today but also provide a greater level of safetythan alternatives. Jake Holliman shall conduct operations in VFR VMC weather during daylight hours outside of Class B airspace and outside of 5 mile area of Class D/C airport unless approved in the COA. In addition, flight altitudes will be no higherthan 400FT AGL. All operations will be conducted line of sight (LOS). We are aware a clearance in the form ofa COAwill be needed to conduct any operations outside of Class G airspace from the local controlling authority (Tower or FSDO). In addition any needed NOTAMs will be completed 48 hrs before flights. Potential hazards will be outlined in initial safety briefings and clearly avoided. Hazards could include power lines, tall structures and mechanized moving equipment. “See and Avoid” rules using VLOS will be followed to minimize NAS impacts. Further, permissions must be granted or approved over private or public lands where UAS is operating. COAwill be secured before flights as required by latest FAA guidance. TFRs, NOTAMS, weather etcwill all be recognized / utilized as applicable.Further:

• All operations will avoid congested or populated areas.

• Notifications will be made in advance to nearby or legal entities such as local police, fire.

• The operatorwill file a NOTAM for each flight as required by FAA/ FSDO Office. • A pre job briefwill be developed and conducted and must verify control ofthe flight area, including the absence of members ofthe public in the flight area. Checklists will guide operators during pre flight, flight, and postflight operations and reduce risk. Safety risk assessment checklists will be developed and updated yearly. Since the areas being photographed orfilmed will be on primarily private property, accessed only after given written and/or oral consent by the property owner(s), and clear ofall people, except forthe PIC and the PIC's helper(s), approval ofthis application presents no risk to the public privacy. Reference to similar Petitions: Astreus Aerial, petition

– Petition No. 0352, Grant No. 11062. Alan Purwin, petition p#0786 Singer’s Creations, petition p#0915 Supporting Documents Etc. o Phantom User Manual o Phantom Users Manual (1 3) o Phantom Guide o Phantom Training Guide o AMA Safety Code We are prepared to modify or amend any part ofthis request to satisfy the need for an equivalent level ofsafety. We look forward to working with your office. Please contact me at any time ifyou require additional information or clarification. Respectfully, Jon Budreski, Co Founder

–AirShark LLC 29 Pleasant St MontpelierVT 05602