AirShark LLC Petition for Exemption – Section 333 Title 14 CFR 111.81 (FAA)

March 13 2015

US Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

Electronically submitted via regulations.gov from:

Jake Holliman

530 Tatum Place

Heath, TX 75032

jakegholliman@yahoo.com

214-240-5333

Jake Holliman is requesting a petition for exemption (Section 333) to fly small UAS for the

purpose of infrastructure inspection work such as solar farms, wind turbines and construction

projects. Jake Holliman is focusing on supporting energy and infrastructure since it’s a critical

part of our 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 of safety greater than 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 of Title 14 of the 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 greater than 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 – AirWorthiness Certificates sets forth requirements for procurement of necessary

airworthiness certificates 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 of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to
exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. §

44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to

exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size,

speed, maneuverability and proximity to areas such as airports and dense populations.

Jake Holliman meet or exceed each of the elements. Subpart H establishes the procedural

requirements for the issuance of airworthiness 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 of safety under Part 11

and Section 333 of the Reform Act. The Federal Aviation Act (49 USC 44701 (f)) and Section

333 of the Reform Act both authorize the FAA to exempt aircraft 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 SUAS. In all cases, an analysis of

these criteria demonstrates that the SUAS operated without an airworthiness certificate, in the

restricted environment and under the 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 noncommercial 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 altimeter that is set “...to the elevation of the 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 safety will be achieved by the operator by confirming the altitude of the

launch site shown on the GPS altitude indicator before flight.

91.151(a) prescribes that no person may begin a flight in an airplane under visual flight rules

(VFR) conditions unless (considering wind and forecast weather conditions) there is enough fuel

to fly to the first point of intended landing and, assuming normal cruising speed—

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

This regulation prohibits an individual from beginning “a flight in an airplane under VFR

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly

to the first point of intended landing, and, assuming normal

cruising speed – (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly

after that for 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 longer time frame for flight in

daylight VFR 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 be
more 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 of the same part and shall, between required inspections,

except as provided in paragraph (c) of the same section, have discrepancies repaired as

prescribed in part 43 of the 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 of the 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 for the issuance of an airworthiness

certificate in accordance with part 21 of this chapter.

91.417 (a)(b)

The abovecited Regulations require, amongst other things, aircraft owners and operators to

“have [the] 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. . . .” These Regulations only apply to aircraft with an

airworthiness certificate. They will not, therefore, apply to out UAS. However, as a safety

precaution AirShark shall inspect all UAS before and after each flight. (see attachment for user

manual).

These regulations require that an 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 paragraph (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. 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 of safety will 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 of time. If mechanical issues arise, the SUAS can land immediately and

will be operating from no higher than 400 feet AGL. Further, the operator will ensure that the

SUAS is in working order prior to initiating flight and perform maintenance as required.

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.

UAS Equipment

Jake Holliman plans to utilize a DJI Phantom2 Vision+. Jake Holliman PIC will operate the UAS

in a safe manner fully aware of the 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 register the UAS

with the FAA before any flights 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 under 400ft. 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 “recertified” 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

A Visual Observer will understand basic UAS operational characteristics, safety protocols and

have site understanding to help in successful missions. The visual observer will primarily be for

keeping an extra set of eyes on the sky while noting proximity to ground hazards including

people and property. Prompt notification via radio will be key for 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 checkups 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 safety than 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 higher than 400FT AGL. All operations will be conducted line

of sight (LOS). We are aware a clearance in the form of a COA will 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.

COA will be secured before flights as required by latest FAA guidance. TFRs, NOTAMS,

weather etc will 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 operator will file a NOTAM for each flight as required by FAA / FSDO Office. • A prejob

brief will be developed and conducted and must verify control of the flight area, including the

absence of members of the public in the flight area.

Checklists will guide operators during preflight, flight, and post flight operations and reduce

risk. Safety risk assessment checklists will be developed and updated yearly.

Since the areas being photographed or filmed will be on primarily private property, accessed

only after given written and/or oral consent by the property owner(s), and clear of all people,

except for the PIC and the PIC's helper(s), approval of this 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 (13) o Phantom Guide

o Phantom Training Guide

o AMA Safety Code

We are prepared to modify or amend any part of this request to satisfy the need for an

equivalent level of safety. We look forward to working with your office. Please contact me at any

time if you require additional information or clarification.

Respectfully,

Jon Budreski, Co Founder – AirShark LLC 29 Pleasant St

Montpelier VT 05602