pg. 1 

### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC
Regulatory

Docket No. _______________

**IN THE MATTER OF THE PETITION FOR EXEMPTION**  **OF :**  **AEROLYTIX FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF** 

**TITLE 14 OF THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) &**  **(a)(2), AND 91.417(a) & (b)** 

### CONCERNING COMMERCIAL OPERATION OF **UNMANNED AIRCRAFT SYSTEM PURSUANT TO SECTION 333 OF**  **THE: THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112**  **- 95)** 

Submitted on June 29,2015 Ronald Wingo Aerolytix 2710 N Argyle Fresno, CA 93727 Tel: ( 559 ) 291

- 1176pg. 2 

### SUMMARY

Aerolytix seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Aerolytix to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial acquisitions within the National Airspace System (NAS). 

### INTRODUCTION AND INTERESTS OF THE PETITIONER Aerolytix provides UAV aerial data collection for advanced mobile and aerial technologies which enable companies to operate more efficiently and achieve c ompetitive advantages in their respective markets. 

### BACKGROUND

Unmanned Aircraft System s : Aerolytix se eks an exemption to operate the following: DJIPhantom series DJIInspire Align M690L Steadidrone “Mavrik” Aeryon “Skyranger”

The UAV’s that will be operated by Aerolytix will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft

. Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking as (N180UV) and carries its registration on board the aircraft.



### BASIS FOR PETITION
Petitioner, Aerolytix , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, Specialpg. 3

Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the UAV’s within the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Aerolytix ’ operation of the UAV’s meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Aerolytix requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft wit

h an airworthiness certificate. Aerolytix submits that the requested relief is proper since an equivalent level of safety will be ensured. Aerolytix will perform maintenance, alterations, or preventive maintenance on the UAV using the methods, techniques, and practices prescribed in the operating documents. Furthermore, Aerolytix will document and maintain all maintenance records for the UAV’s. Relief from certain requirements of Section 61.113(a) and (b), entitled Private p ilot privileges and limitations: Pilot in command, is requested by Aerolytix to the extent necessary to allow operation of the UAV’s by a Pilot in Command (PIC) who has demonstrated, by meeting minimum flight

-hour and currency requirements and who has succ essfully acquired specific skills , demonstrating the PIC is able to safely operate the UAV’s according to the manufacturers pilot training requirements and in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Aerolytix seeks relief from Section 91.7(a), entitled, Civil A ircraft A irworthiness, because the UAV does not require an airworthiness certificate in accordance with 14 C.F.R . Part 21, Subpart H. As such, Aerolytix submits that it will ensure that the UAV is in an airworthy condition, prior to every flight, by determining that the UAS is in compliance with the operating documentspg. 4 Aerolytix also seeks an exemption from the re quirements of Section 91.121, entitled Altimeter

Settings , because the altitude reporting equipment of the UAV is set to zero feet above ground level (AGL), rather than local barometric pressure or field altitude, before each flight. The altitude informati on of the UAVis provided to the PIC via a barometric pressure sensor, Global Positioning System (GPS) equipment, and a radio communications telemetry data link, which downlinks from the UA S to the GCS for active monitoring of the flight path. A level of safety equivalent to Section 91.121 will be ensured as the altitude of the UAV will be reported to air traffic control (ATC) in feet above ground level (AGL), and Aerolytix will operate the UAV within visual line of sight, at or below 400 feet AGL. Additionally, Aerolytix seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions

. Aerolytix submits that safety will not be affected by operation of the UAV’s during daylight hours in visual meteorologi cal conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of 2 0 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 1 0 minutes

. In accordance with 14 C.F.R. § 11.81, Aerolytix provides the following information in support of its petition for exemption: 

### A. **NAME AND ADDRESS OF THE PETITIONER.** Aerolytix 2710 N Argyle Fresno CA 93727 The point of contact for this Petition and specific contact information is as follows: Ronald Wingo 2710 N Argyle Fresno, CA 93727 (559)291

- 1176 rwingo@montico.net


### B. **THE SPECIFIC**  **SECTIONS OF**  **14 C.F.R.**  **FROM WHICH**  **AEROLYTIX SEEKS EXEMPTION.** pg. 5 **1. Aerolytix**  **seeks e** **xemption from**  **the requirements**  **o f**  **Section 61.113(a)**  **And (b).** Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft. (b) A private pilot may, for compensation or hire, act as PIC 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. **2. Aerolytix**  **seeks exemption from the requirements o f Section 91.7(a).**  Section 91.7, entitled Civil Aircraft A irworthiness , subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition. **3. Aerolytix**  **seeks exemption from the requirements o f Section 91.121.**  Section 91.121, entitled Altimeter settings , subsection (a), states the following, in part: (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

-- (1) Below 18 ,000 m MSL, to

-- (i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure;

**4. Aerolytix**  **seeks exemption from the r equ** **irements of S ection 91.151(b).**  Section 91.151, entitled Fuel requirements for flight in VFR conditions , subsection (b), states the following: (b) No person may begin a flight in a rotorcraft under VFR conditions unless (consideringpg. 6 wind and forecast weather conditions) 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. **5. Aerolytix**  **seeks exemption from the requirement o f Section 91.405(a).**  Section 91.405, entitled Maintenance required, subsection (a), states the following: 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[.] **6. Aerolytix**  **seeks exemption**  **from the**  **requirements o**  **f Section**  **91.407(a)(1).** Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration , subsection (a)(1), states the following: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43. 7 of this chapter[.] **7. Aerolytix**  **seeks exemption**  **fr om**  **the requirements**  **o f**  **Sections 91.409(a)(1) And 91.409(a)(2).**  Section 91.409, entitled Inspections , subsection (a), states the following: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 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 airworthiness certificate in accordance with part 21 of this chapter.

**8. Aerolytix**  **seeks exemption**  **from the**  **requirements o**  **f Sections**  **91.417(a) And 91.417(b).**  Section 91.417, entitled Maintenance records , sub sections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:pg. 7 (1) Records of the maintenance, preventive maintenance, and alteration and records of

the 100

-hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

--

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

-limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a) (1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a) (2) of this section shall be retained and transferre d with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.pg. 8



### C. **THE EXTENT**  **OF RELIEF**  **AEROLYTIX SEEKS**  **AND THE**  **REASON AEROLYTIX**  **SEEKS THE RELIEF. 1.**  **Extent of**  **r elief**  **Aerolytix seeks**  **and the**  **r eason**  **Aerolytix seeks**  **relief f**  **rom Section 61.113(a) a** **nd (b).** Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding the necessary Pilot Certificate

. This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for compensation or hire, act as PIC 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. As set forth more fully below, Aerolytix submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the UAV unless that PIC holds a Pilot Certificate, has met certain flight

-hour and currency requirements, demonstrating that 

### the PIC is able to safely operate the UAV in a manner consistent with the operations specifications as set forth herein, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles
and structures **2. E**  **xtent of** 

**r elief**  **Aerolytix seeks**  **and the**  **r eason**  **Aerolytix seeks**  **relief f**  **rom Section 91.7(a).**  Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Aerolytix to determine that the UAV’s is in an airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating. Aerolytix seeks the requested relief because the UAV does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Aerolytix will ensure that the UAV is in an airworthy condition based upon its compliance with the operating documents prior to every flight, and further, determine that the aircraft is in a condition for safe flight, as stated in the conditions and limitations below.pg. 9 **3. Extent**  **of r**  **elief Aerolytix**  **seeks and**  **the r** **eason Aerolytix**  **seeks relief**  **f rom**  **Section 91.121.** Relief from Section 91.121, entitled Altimeter settings , may be required to allow flight operations of the UA S ’s altitude reporting equipment may be set on the ground to zero feet AGL, rather than local barometric 

### pressure or field altitude, before each flight. The UAV’s utilizes a ground proximity sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground control station (GCS). Considering the limited altitude of the proposed operations, relief from 14 C.F.R. § 91.121 is sought to the extent necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, a level of safety equivalent to Section 91.121 will be ensured as the altitude of the UAV will be reported to air traffic control (ATC) in feet above ground level (AGL), and Aerolytix will operate the UAV within visual line of sight, at or below 400 feet AGL. **4. Extent**  **of**

**r elief**  **Aerolytix seeks**  **and the**  **r eason**  **Aerolytix seeks**  **relief f**  **rom Section 91.151(b).**  Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions , is requested to the extent required to allow flights of the battery powered UAV’s during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 2 0 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 1 0 minutes

. Aerolytix seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered UAV’s will severely constrain the practicality of any aerial acquisition and research flight operations that Aerolytix proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the UAV’s operating documents, and Aerolytix ’ proposed operating limitations, ensure that Aerolytix will safely operate the battery powered UAV during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly, for a total duration of 2 0 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 1 0pg. 10

minutes (i.e., 20 percent battery power remaining) **5. Extent of r** **elief Aerolytix**  **seeks and the r eason**  **Aerolytix seeks relief f**  **rom Sections**  **91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).** Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, Aerolytix req uests relief from these Section because the UAV’s does not require an airworthiness certificate. As set forth more fully below, the UAV meets the conditions of FMRA Section 333, for operation without an airworthiness certificate. Accordingly, Aerolytix will perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents

. Furthermore, Aerolytix will document and maintain all maintenance records for the UAV’s

. 

### D. **THE REASONS**  **WHY GRANTING**  **AEROLYTIX ’**  **REQUEST WOULD**  **BE IN**  **THE PUBLIC**  **INTEREST; THAT**  **IS, HOW**  **IT WOULD**  **BENEFIT THE PUBLIC AS A WHOLE.**  Granting the present Petition will further the public interest by allowing Aerolytix to safely, efficiently, and economically perform aerial acquisitions within the NAS, commercially in support of

: federal, state and local government agencies, land surveying, the utility industry and the oil & gas industry. Additionally, use of the UAV’s will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Aerolytix ’ proposed operation of the UAV’s will be realized without implicating any privacy issues. **1. The public will benefit from the aerial acquisitions p**  **erformed .**  Aerolytix submits this Petition to commercially operate the UAV’s and perform aerial acquisition within the NAS, in support of federal, state and local government agencies, land surveying, utility industry and the oil & gas industry. The UAV’s will provide safe, efficient, and economical aerial acquisition operations to further each of these fields, which are critical to the well

being of the general public. The UAV’s will also be operated by Aerolytix to aid in facility inspections and the planning of aerial structures

. **2. The public will benefit from decreased congestion of t** **he NAS.**pg. 11 The UAV is battery powered and serves as a safe, efficient, and economical alternative to the

manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of an UAV’s would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, and increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The UAV’s does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial survey missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations.

**3. The public will benefit from**  **the safety and efficiency .**  Conducting aerial acquisitions with the UAV’s , instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial survey flight operati ons. By using battery power and electric motors, the UAV produces no air pollution, and is the most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion twin engine aircraft that are typically utilized for aerial acquisitions, and burn approximately 20

- 30 gallons per hour of leaded aviation fuel. The UAV , while reducing the carbon footprint of aerial acquisitions, also reduces noise pollution, as the UA S is propelled by battery powered electric motors, rather than an internal combustion engine.

By using the UAV’s to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew
members located onboard the aircraft, the UAV , has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct aerial acquisitions (weighing approximately 6,500 pounds with a wingspan of approximately 40 feet, a length of 34 feet, and a fuel capacity of 180 gallons).pg. 12 **4. Performing**  **aerial acquisition**  **operations with**  **t he**  **UAV’s will**  **benefit the**  **e conomy.**  In addition to being safe and efficient, the UAV is also an economical alternative to using manned aircraft to conduct aerial acquisitions. As such, operation of the UAV’s will allow United States based companies, like Aerolytix , to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered UAV’s is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the UAS, companies such as Aerolytix , can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **5. There are no privacy i** **ssues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, Aerolytix ’ proposed operation of the UAV’s will not implicate any privacy issues. Specifically, the UAV’s will be operated pursuant to the specific conditions and limitations set forth herein, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.pg. 13



### E. **THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY, OR HOW THE EXEMPTION WOULD**  **PROVIDE A LEVEL OF SAFETY AT LEAST EQUAL TO THAT PROVIDED BY THE RULE FROM WHICH**  **AEROLYTIX SEEKS EXEMPTION.**  **1. Reasons why**  **t he**  **UAV’s meets the c**  **onditio ns o**  **f T he FAA**  **Modernization and Reform Act of 2012 (FMRA) Section 333.** In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Aerolytix ’ operation of the UAS meets the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part: (a) In General.

--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems.

--In making the determination under subsection (a), the Secretary shall determine, at a minimum

-- (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

-- If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system. In seeking this exemption, Aerolytix submits that the UAV’s can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteri stics of the UAS; (b) the pilot certification requirement; (c) the specific operating limitationspg. 14 **The specifications o f The**  **UAV’s demonstrate its safe c**  **haracteristics.**

The UAV does not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability.

**i. Technical specifications**  **.** The UAV’s Aerolytix propose to use have all been approved under previously granted exemptions.
**ii. The**  **UAV’s Autonomous Flight and Navi** **gation Modes enable the UAS to remain within a defined operational a** **rea.** The UAV’s may be operated in both manual and autonomous flight modes.

**iii The**  **UAV Is**  **Designed For Automatic Return**  **To Home Point Or Automatic Landing In The Event Of Loss Of The Control Link Or Navigation.**  All proposed UAV’s are equipped with Failsafe Functions

.

**b. Flight o**  **perati ons of t** **he UAV’s**  **are limited to the line of sight of a certificated pilot in command with a safety o** **bserver.** Aerolytix will only utilize certificated pilots

. **Flights of t he**  **UAV’s will be conducted pursuant to specific operating l** **imitations.**

In seeking this exemption, Aerolytix proposes to commercially operate the UAV’s for the special purpose of conducting aerial acquis itions within the NAS, pursuant to the following specific operating limitations: 1. Operations authorized by this grant of exemption are limited to the following aircraft described in the operating documents, a rotorcraft weighing 24kg or less at maximum gro ss. 2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial acquisitions.pg. 15 3. The UA may not be flown at an indicated airspeed exceeding 90km/h

.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operating documents. All altitudes reported to ATC must be 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 corrective lenses

. 6. The use of first person view (FPV) by the PIC or visual observer (VO) is not permitted. 7. All operations must utilize a visual observer (VO). 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. Electronic messaging or texting is not permitted during flight operations. The PIC 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 functions prescribed in the operating documents

. 8. The VO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other instruments. 9. The operating documents and the grant of exemption must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the pro cedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. 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 Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the 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 amendment to the 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 documents. 10. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the inspection 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. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properly documented in the aircraft records. 11. 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. The PIC who conducts the functional test flight mustpg. 16 make an entry in the aircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/com ponent, maintenance, over haul, replacement, inspection, and life limit requirements. 14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, alterati ons, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UAS operated u nder this exemption must comply with all manufacturer Safety Bulletins. 16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner c onsistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). The VO is also required to complete the operator’ s training requirements. A record of training must be documented and made available upon request by the Administrator. Flights for the purposes of t

raining the operator’s PICs and VOs (training, proficiency, and experience

-building), are permitted under the terms of the exemption. However, training operations may only be conducted during dedicated training sessions. During training, 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 with 14 C.F.R. § 91.119. 18 UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

19. 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. 20. If the UA loses communications or loses its GPS signal, it must return to a pre - determined location within the planned operating area and land or be recovered in accordance with the operating documents. 21. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 22. The PIC is prohibited from beginning a flight unless (considering wind andpg. 17 forecast weather conditions) there is enough power to fly at normal cruising speed to

the intended landing point and land the UA with 25% battery power remaining. 23. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to Airmen (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.
25 All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identification (N

-Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable. 26. Before conducting operations, the radio frequency spectrum used for operation and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 27. The documents required under 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon req

uest. 28. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times. 29. The UAS may not be operated by the PIC from any moving device or vehicle. 30. The UA may not be operated over congested or densely populated areas. 31. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 32. 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 FAA'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.

**2. Reasons**  **w hy**  **an exemption**  **from the requirements**  **of S**  **ection 61.113(a)**  **and (b)**  **would not adversely affect s afety.**  Aerolytix submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the UAV’s unless that PIC haspg. 18

demonstrated, by meeting minimum flight

-hour and currency requirements, that the PIC is able to safely operate the UAV’s in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, ves sels, vehicles and structures. Aerolytix will not allow any PIC to operate the UAV’s unless that PIC has demonstrated, by meeting minimum flight

-hour requirements or the UAV’s training and currency requirements, that the PIC is able to safely operate the UAV’s in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 12 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi

-rotor UAS (with a minimum of 5 hours o f those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the flight hour requirements, the PIC must accomplish 3 take

- offs and landings of the UAVin the preceding 90 days (for currency purposes).

**1. Reasons**  **why an**  **exemption from**  **the requirements**  **of Section**  **91.7(a) would**  **not adversely affect s**  **afety.** The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Aerolytix will ensure that the UAV’s is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the proposed conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171, 11172). **2. Reasons**  **why an**  **exemption from**  **the requirements**  **of Section**  **91.121 would**  **not adversely affect s**  **afety.** The equivalent level of safety established by Section 91.121 will be maintained because thepg. 19

altitude of the UAV will be reported to air traffic control (ATC) in feet above ground level (AGL), and Aerolytix will operate the UAV within visual line of sight, at or below 400 feet AGL. Furthermore, the altitude information of the UAV will be provided to the PIC via GPS e quipment and a radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitude. Prior to each flight, a zero altitude initiation point is automatically established by the UAS at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 1113 8, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171). **3. Reasons**  **why an**  **exemption from**  **the requirements**  **of Section**  **91.151(b) would not a** **d versely affect s**  **afety.** A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Aerolytix will ensure that it will safely operate the battery powered UAV during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 2 0 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 1 0 minutes (i.e., 33 percent battery power remaining). Furthermore, safety will be ensured as the UAV’s provides visual and audible warnings to the PIC at the GCS when the UA S experiences low battery voltage, and if no action is taken in response to the warnings, the UA S will automatically return to its starting point, land and shut its motor down

. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in allpg. 20

material respects, to those presented herein (e.g. Exem ption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171, 11172).
**4. Reasons**  **why an**  **exemption fr** **om the**  **requirements o**  **f Sections**  **91.405(a), 91.407(a)(1),**  **91.409(a)(1) & (a)(2), And 91.417(a) & (b) would not adversely affect s**  **af ety.**  In seeking this exemption, Aerolytix submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Aerolytix will perform maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating Manual, or will utilize manufacturer authorized support services to perform maintenance, alterations, or preventive maintenanc e on the UAS

. Furthermore, Aerolytix will document and maintain all maintenance records

. Since the UAV’s will be inspected as prescribed by the operating documents, Aerolytix will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). Likewise, the exemption sought will not adversely affect safety because Aerolytix will perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices prescribed by the operating documents, or will utilize the manufacturer ’s authorized support services to perform maintenance, alterations, or preventive maintenance on the UAS. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because Aerolytix will document and maintain maintenance records. In consideration of Aerolytix ’ proposed operating limitations, the operating documents, Aerolytix submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA haspg. 21

previously granted relief specific to UAS in circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161, 11166, 11167, 11170, 11171, 11172). **7. The FAA may prescribe any other conditions for safe o** **peration.** In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions , Aerolytix requests that the FAA prescribe special conditions for the intended operation of the UAS, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpar

t H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UA for the limited purpose of conducting aerial acquisitions within the NAS for compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in

accordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special c onditions pursuant to 14 C.F.R. § 21.1 6, for operation of the UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions , states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA maypg. 22 prescribe special conditions for Aerolytix ’ intended operation of the UAS, which contain such

safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a) (2), and 91.417(a) & (b).


### F. **A SUMMARY**  **THAT CAN**  **BE PUBLISHED**  **IN THE**  **FEDERAL REGISTER,**  **STATING: THE RULES FROM WHICH AEROLYTIX**  **SEEKS EXEMPTION:** Aerolytix seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). **A brief description of the n at** **ure of the e xemption**  **Aerolytix s**  **eeks:** This exemption will permit Aerolytix to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial acquisitions within the National Airspace System (NAS).


### G. **ANY ADDITIONAL**  **INFORMATION, VIEWS,**  **OR ARGUMENTS**  **AVAILABLE TO SUPPO RT**  **AEROLYTIX ’ REQUEST.**  This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Aerolytix ’ request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public , or otherwise , pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Aerolytix will operate the UAV’s safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.


### CONCLUSION As set forth herein, Aerolytix seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation ofpg. 23

the UAV’s commercially, without an airworthiness certificate, for the limited purpose of conducting aerial acquisitions within the National Airspace System (NAS). By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also be advancing the interests of the public, by allowing Aerolytix to safely, efficiently, and economically operate the UAV’s commercially within the NAS. 

### WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Aerolytix respectfully requests that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit Aero lytix to operate the UAV’s commercially for the purpose of conducting aerial acquisitions within the NAS. Dated: June 29 , 2015 Respectfully submitted, 

### Aerolytix **.**

Ronald Wingo 2710 N Argyle Fresno, CA 93727 Phone: ( 559) 291

- 1176 Email: rwingo@montico.net