**Robin K. Carlson**

**816.691.2377** DIRECT

**816.412.1058** DIRECT FAX

**robin.carlson@stinson.com**

**S T I N S O N . C O M 1 2 0 1 W A L N U T S T R E E T • K A N S A S C I T Y , M O 6 4 1 0 6** 

**8 1 6 . 8 4 2 . 8 6 0 0 M A I N • 8 1 6 . 6 9 1 . 3 4 9 5 F A X** December 30, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Refor m Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. Part 21, Subpar t H; 14 C.F.R. § 45.23(b); 14 C.F.R. § 45.27; 14 C.F.R. § 45.29; 14 C.F.R. § 61.113(a) & ( b); 14 C.F.R. § 61.315 (a) & (c); 14 C.F.R. § 101(e)(4) & (5); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.9(b)(2) & (c); 14 C.F.R. § 91.103; 14 C.F.R. § 91.109(a); 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.203(a) & (b); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(2); 14 C.F.R. § 91.417(a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Fearless Eye applies for an exempti on from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its UASs, so long as such operations are conducted within an d under the conditions outlined herein or as may be e stablished by the FAA as required by Section 333.

Fearless Eye is a litigation support company that a lso provides aerial survey mapping that seeks to operate small, unmanned aircraft systems ("sUASs" o r "sUAVs") to conduct aerial photography, videography and collect data.

As described more fully below, the requested exempt ion would permit Fearless Eye to safely operate

UASs under controlled conditions and in the Nationa l Airspace (“NAS”) for the purposes of aerial mapping, modeling and data collection. Approval of this exemption would enhance safety and fulfill th e Secretary of Transportation’s (the FAA Administrato r’s) responsibility to “. . . establish requirement s for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the
Reform Act.

A. Name and address of the applicant:

Fearless Eye

Attn: Brad Mathison

9808 E. 87 th St. Raytown, MO 64138 Ph: (816) 886-2972 E-mail: bmathison@fearlesseye.comU.S. Department of Transportation

December 30, 2015 Page 2

B. Relevant Statutory Authority

This exemption application is expressly submitted t o fulfill Congress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs th e Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safel y in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determi ne which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

1. The UAS’s size, weight, speed, and operation ca pability; 2. Operation of the UAS in close proximity to airp orts and populated areas; and 3. Operation of the UAS within visual line of sigh t of the operator.

Reform Act § 333(a). If the Secretary determines t hat such vehicles “may operate safely in the nation al airspace system, the Secretary shall establish requ irements for the safe operation of such aircraft in the national airspace system.” Id. § 333(c).

The Federal Aviation Act expressly grants the FAA t he authority to issue exemptions. This statutory authority by its terms includes exempting civil air craft, as the term is defined under § 40101 of the Act, that includes sUASs, from the requirement that all civil aircraft must have a current airworthiness
certificate.

The Administrator may grant an exemption from a req uirement of a regulation prescribed under subsection (a) or (b) of this section or any sectio ns 44702-44716 of this title if the Administrator f inds the exemption in the public interest. 49 U.S.C. § 44701(f); see also 49 U.S.C. § 4471(a); 49 U.S.C. § 44704; 14 C.F.R. § 91.203(a)(1).

Fearless Eye’s UASs are rotocraft, weighing 55 or f ewer lbs including payload. They operate under normal conditions at a speed of no more than 50 kno ts and have the capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate only in the line of sight, in day light, and will operate only within altitudes set forth mo re fully herein. Such operations will insure that the
sUASs will “not create a hazard to users of the nat ional airspace system or the public.”

Given the small size of the sUASs involved and the limited environment within which they will operate, the applicant falls squarely within that zone of sa fety (an equivalent level of safety) in which Congr ess envisioned that the FAA must, by exemption, allow c ommercial operations of UASs to commence immediately. Also, due to the size of the sUASs, a pproval of the application presents no national security issue. Given the clear direction in Secti on 333 of the Reform Act, the authority contained i n the Federal Aviation Act, as amended; the strong equiva lent level of safety surrounding the proposed operations, and the significant public benefit, col lecting data, aerial photography and videography fo r forensic and survey mapping. The grant of the requ ested exemptions is in the public interest. Accordingly, the applicant respectfully requests th at the FAA grant the requested exemption without delay.U.S. Department of Transportation

December 30, 2015 Page 3

C. Proposed Operations

The UAS will be used for commercial operations for the purpose of Fearless Eye proposes and agrees to the following limitations and conditions for commer cial UAS operations conducted under a granted FAA exemption:

1. The total combined weight of the UASs and attached equipment will weigh 55Ibs or less.

2. At all times the pilot will operate the UAS in an u nbroken visual line of sight (VLOS).

3. No flight operations will fly for more than 30 cons ecutive minutes without first landing and changing the batteries and conducting necessary safety checks.

4. Once the battery is at 25% the operator must begin return to ground procedures. The UASs are not permitted to operate below 20% battery

.

5. Maximum flight altitude shall not exceed 400 AGL.

6. A minimum 3-person team consisting of the UAS Pilot , Visual Observer, and Camera Operator is required to conduct operations.

7. The UASs Pilot in Command (PIC) must have at least 25 documented hours operating

UASs.

8. The PIC must have the requisite knowledge about the components required to build and maintain the particular type of UASs type they are operating.

9. A PIC will have at a minimum a Private or Sport Air man Pilot's certificate.

10. A PIC will not operate an UAS within 5 miles of the center of an airport without permission from the local FSDO and clearance from t he control tower of the airport.

11. The pilot and observer will have at least a third c lass medical or a Valid Driver's license.

12. A mandatory briefing that all participating personn el (persons allowed into the filming perimeter) must attend in order to go over all pref light safety issues and procedures for the day.

13. A FAA Form 7711-1, or an equivalent, modified as ne eded to fit the requested exemption, will be filed with the relevant Flight S tandards District Office if required.

14. The relevant FSDO shall receive a written Activitie s Agenda at least 3 days before an operations date if required under the terms of a gr anted 333 petition.

15. At all operational times the pilot and observer wil l be able to maintain contact through

voice communication.U.S. Department of Transportation

December 30, 2015 Page 4

16. Operations shall not be permitted in areas that do not have the consent of the property

owners.

17. Any necessary required permission and/or permits fr om territorial, state, county or city jurisdictions, local law enforcement, fire departme nt, or appropriate government agencies will be obtained accordingly.

D. Aircraft for Proposed Operations

The UAS used by Fearless Eye will be the DJI Phanto m 2 Vision + and DJI Inspire 1. 1 All manufacturers recommendations related to safety guidelines will b e referenced to ensure the safe operation of the

sUAS in the NAS. This includes all DJI instruction al videos and written Safety Guidelines. Both airc raft are equipped with “auto home” functions in case of remote signal loss or if the battery reaches minimum capacity not to be less than the time it wo uld take to return safely to home station. Both ar e also equipped with visual positioning and GPS posit ioning systems for increased stability and safety.

The PIC will implement the Operational Limitations outlined in Proposed Part 107 of the Notice of Proposed Rulemaking (NPRM), Volume 80, No. 35 of th e Federal Register, dated Monday, February 23,

2015.

Maintenance and repair will be performed as necessa ry, and a maintenance record will kept in a repair logbook. This will ensure that the UAS is in a saf e condition for flight. The Operators/Maintenance Manual for the Phantom 2 Vision +and Inspire 1 will be used as a reference. Any UAS that has undergone maintenance or alteration that affects op eration or flight characteristics must undergo a functional flight test by a PIC with a VO conducted at least 500’ from others people. The UAS will be registered in accordance with Part 47 of 29 U.S.C. § 44711.

E. Regulations from which the exemption is requeste d:

14 C.F.R. Part 21, Subpart H – Airworthiness Certif icates

Subpart H, entitled Airworthiness Certificates, est ablishes the procedural requirements for the issuan ce 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 the Applicant, an exemption from Part 21 Subpart H meet s the requirements of an equivalent level of safety u nder Part 11 and Section 333 of the Reform Act. Th e Federal Aviation Act (49 U.S.C. § 44701(f)) and Sec tion 333 of the Reform Act both authorize the FAA t o exempt aircraft from the requirement for an airwort hiness certificate, upon consideration of the size, weight, speed, operational capability, and proximit y to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria d emonstrates that the UAS operated without an airworthiness certificate, in the restricted enviro nment and under the conditions proposed will be at least as safe, or safer, than a conventional aircra ft (fixed wing or rotocraft) operating with an

airworthiness certificate without the restrictions and conditions proposed.

1 A copy of the Phantom 2 Vision + Manual is attache d as Appendix 1. A copy of the Inspire 1 User Manua l is attached as Appendix 2.U.S. Department of Transportation

December 30, 2015 Page 5

The sUAS to be operated hereunder is less than 55 l bs. fully loaded, carries neither a pilot nor passe nger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured ar ea as set out in the Manual. Unlike other civil aircr aft, operations under this exemption will be tightl y controlled and monitored by both the operator, purs uant to the Manual's requirements, and under the requirements and in compliance with local public sa fety requirements, to provide security for the area of operation as is now done with conventional filmi ng. The FAA will have advance notice of all operations. These safety enhancements, which alrea dy apply to civil aircraft operated in connection with motion picture and television production, prov ide a greater degree of safety to the public and property owners that conventional operations conduc ted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the U AS, due to its size, speed of operation, location o f operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial

external load.

14 C.F.R. § 45.23(b) – Display of Mark

The regulation requires:

When marks include only the Roman capital letter "N " and the registration number is displayed on limited, restricted or light-sport cat egory aircraft or experimental or provisionally certificated aircraft, the operator m ust also display on that aircraft near each entrance to the cabin, cockpit, or pilot stati on, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "rest ricted," "light-sport," "experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness cert ificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilo t station on which the word "Experimental" can be placed. Given the size of the sUAV, two-inch lette ring will be impossible. The word "Experimental" w ill be placed on the fuselage in compliance with § 45.2 9(f).

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by § 45.29(f) where the pilot, observer and others wor king with the sUAV will see the identification of t he UAS as "Experimental." The FAA has issued the foll owing exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 C.F.R. § 45.27 – Location of Marks; Nonfixed-Win g Aircraft

Fearless Eye seeks an exemption from § 45.27 which identifies the location of marks for non-fixed wing aircraft. This regulation states that the Operator s of a rotocraft must display the marks as required by § 45.23 horizontally on both sides of the aircraft. Because this regulation specifically references compliance with § 45.23, a regulation identified fo r exemption by Fearless Eye, an exemption will be required.

Fearless Eye will meet an equivalent level of safet y by placing the registered N-number on both sides of the aircraft in a location that allows for the larg est possible lettering. The GCS will also be marke d with the N-number of the aircraft it is operating. The GCS will be marked in a manner similar to the aircr aftU.S. Department of Transportation

December 30, 2015 Page 6

as identified in the Fearless Eye Mission Checklist

. 2 The locations of all aircraft and equipment marki ngs are identified in the Fearless Eye Mission Checklis t. Additionally, Fearless Eye will ensure complian ce with any guidance regarding UAS marking/location by the FAA.

The FAA has issued the following exemptions to 14 C RF, § 45.27 – Location of marks; nonfixed-wing aircraft: Exemptions No. 11188.

14 C.F.R. § 45.29 – Size of Marks

Fearless Eye seeks an exemption from § 45.29 which establishes the size requirements for markings on aircraft. This regulation specifically identifies height, width, thickness and spacing of marks. It also calls out a 12 inch height requirement for marks on rotoc raft. Fearless Eye has requested exemption from § 45.27, which cover the display and location of mark s on aircraft. Due to the size of the UAS to be operated, twelve inch lettering is not possible, an d a standard for UAS marking has not yet been identified by the FAA.

Fearless Eye will meet an equivalent level of safet y by placing the registered N-number on both sides of the aircraft in a location that allows for the larg est possible lettering. The GCS will also be marke d with the N-number of the aircraft it is operating. The GCS will be marked in a manner similar to the aircr aft as identified in the Fearless Eye Mission Checklist . The locations of all aircraft and equipment mark ings are identified in the Fearless Eye Mission Checklis t. Additionally, Fearless Eye will ensure complian ce with any guidance regarding UAS marking/location by the FAA.

The FAA has issued the following exemptions to 14 C RF, § 45.29 – size of marks: Exemptions Nos. 11136, 11157, 11170, 11185, 11193

14 C.F.R. § 101(e)(4) & (5) – Recreational Pilot Pr ivileges and Limitations

Fearless Eye seeks an exemption from § 61.101(e)(4) and (5), § 61.113(a) and (b), and § 61,315(a) and (c). These parts establish that a person who holds a Recreational, Private, or Sport pilot certificat e may not act as pilot in command of an aircraft for comp ensation or hire, or, in furtherance of a business. Regulations identifying the requirements for a UAS pilot have not yet been established by the FAA. Th e FAA has however approved exemptions requiring the O perator of an UAS to hold at a minimum a Sports Pilot certificate. Additionally, Fearless Eye will ensure compliance with any guidance regarding UAS pilot certifications by the FAA.

Pilots operating a UAS for Fearless Eye will hold a t a minimum, a Sport Pilot certificate. Each pilot will maintain currency requirements for the rating they hold as required by the appropriate FARs. Fearless Eye will maintain flight and currency records for a ll pilots operating Fearless Eye UAS. The minimum training standards will be met prior to the operati on of any aircraft for commercial use. Training wi ll be conducted during specific training flights and reco rded per the Fearless Eye Mission Checklist.

The FAA has issued the following exemptions to § 61 .101(e)(4) and (5) – recreational pilot privileges and limitations. § 61.113(a) and (b) – private pilot p rivileges and limitations: pilot in command. Exemp tions Nos. 11371, 11370, 11388.

2 See Appendix 3, Mission Checklist for Phantom 2V+, a nd Appendix 4, Mission Checklist for Inspire 1.U.S. Department of Transportation

December 30, 2015 Page 7

14 C.F.R. § 61.113(a) & (b) – Private Pilot Privile ges and Limitations: Pilot in Command and 14 C.F.R. § 61.315 (a) & (c)

Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Because the UASs will not carry a pilot or passengers, the proposed operators can achieve the equivalent level of safety of curr ent operations by requiring the PIC operating the aircr aft to have a private pilot's license rather than a commercial pilot's license to operate the sUAS. Un like a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are plan ned and coordinated in advance as set forth in the Manual. The level of safety provided by the requir ements included in the Manual exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft. Th e risks associated with the operation of the sUAS are so di minished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with a private pilot or sport pilot as th e PIC exceeds the present level of safety achieved by 14 C.F.R. § 61.113(a) and (b) and 61.315(a) & (c).

14 C.F.R. § 91.7(a) – Civil Aircraft Airworthiness

This regulation requires that no person may operate a civil aircraft unless it is in airworthy conditi on. Should the exemption be granted allowing commercial operation of the UAS without an airworthiness certificate, no standard will exist for airworthine ss of the UAS. Given the size of the aircraft and t he previous COAs issued for Aeryon's Scout and UAS, an equivalent level of safety will be achieved by ensuring compliance with the Aeryon manuals prior t o each flight.

14 C.F.R. § 91.9(b)(2) & (c) – Civil Aircraft Fligh t Manual in the Aircraft

This regulation provides:

No person may operate a U.S.-registered civil aircr aft . . .

(2) For which an Airplane or Rotorcraft Flight Man ual is not required by § 21.5 of this chapter, unless there is available in the airc raft a current approved airplane or Rotocraft Flight manual, approved manual material, markings, and placards, or any
combination thereof.

The sUAS, given its size and configuration has no a bility or place to carry such a flight manual on th e aircraft, not only because there is no pilot on boa rd, but because there is no room or capacity to car ry such an item on the aircraft.

The equivalent level of safety will be maintained b y keeping the flight manual at the ground control point where the pilot flying the sUAS will have imm ediate access to it.

14 C.F.R. § 91.103 – Preflight actionU.S. Department of Transportation

December 30, 2015 Page 8

This regulation requires each pilot in command to t ake certain actions before flight to insure the saf ety of flight. As FAA approved rotorcraft flight manual s will not be provided for the aircraft an exemptio n will be needed. Petitioner will comply with the oth er applicable procedures and requirements stated in § 91.103(a) & (b). Specifically, the PIC will take all action including reviewing weather, flight bat tery requirements, aircraft performance data, and landin g and takeoff distances before initiating a flight.

14 C.F.R. § 91.109(a) – Flight Instruction

These regulations provide that no person may operat e a civil aircraft (except a manned free balloon) that is being used for flight instruction unless th at aircraft has fully functioning dual controls.

The UAS is a remotely piloted aircraft and by desig n, does not have fully functional dual controls. Fl ight control is accomplished through the use of a contro l box that communicates with the aircraft via radio communications. The flight plan is either manually controlled through point-and-click touchscreen navigation or pre-programmed as way points or an Au toGrid into the auto pilot before or during flight and only in unusual circumstances will the pilot in put control functions to alter the pre-programmed flight. If instruction is accomplished through a tr aining program, as set forth in Exhibit 2, an equiv alent level of safety will be assured. The FAA has approv ed exemptions for flight training without fully
functional dual controls for a number of aircraft a nd for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A.

14 C.F.R. § 91.119 – Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for opera tion of civil aircraft. Specifically, 91.119(c) lim its aircraft flying over areas other than congested are as to an altitude of 500 feet above the surface, ex cept over open water or sparsely populated areas. In tho se cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or st ructure.

As set forth herein, the UAS will never operate at higher than 400 feet AGL, nor beyond visual line of sight of the PIC and VO, whichever is closer. It wi ll, however, be operated to avoid congested or populated areas. Because aerial survey, mapping and inspection work must be accomplished at relatively low altitudes and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is
needed.

The equivalent level of safety will be achieved giv en the size, weight, speed, and material with which the UAS is built. Also, no flight will be taken without the permission of the land owner or those who cont rol
the land. Because of the advance notice to the land owner, all affected individuals will be aware of th e flights. Compared to aerial survey operations condu cted with aircraft or rotorcraft weighing far more than 6 lbs. and carrying flammable fuel, any risk a ssociated with these operations will be far less th an those currently allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, the low

altitude operations of the sUAS will maintain separ ation between these sUAS operations and the operations of conventional aircraft that must compl y with Section 91.119.

14 C.F.R. § 91.121 – Altimeter SettingsU.S. Department of Transportation

December 30, 2015 Page 9

This regulation requires each person operating an a ircraft to maintain cruising altitude by reference to an altimeter that is set "... to the elevation of the departure airport or an appropriate altimeter sett ing available before departure." As the sUAS may not h ave 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, pursuant to the Manual and Safety Check l ist, confirming the altitude of the launch site sho wn on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a) – Fuel Requirements for Fligh t in VFR Conditions

This regulation prohibits an individual from beginn ing "a flight in an airplane under VFR conditions unless (considering wind and forecast weather condi tions) there is enough fuel to fly to the first poi nt of intended landing and, assuming normal cruising spee d — (1) During the day, to fly after that for at le ast 30 minutes; or (2) At night, to fly after that for at least 45 minutes."

Given the limited area of operation of the sUAS, an equivalent level of safety is already achieved by the various failsafe procedures built in to Petitioner’ s UAS that will perform a RTL maneuver or automatically land the aircraft in the case of a lo w battery while in flight. Operating the sUAS in a
controlled area with less than 30 minutes of reserv e power does not engender the type of dangers that § 91.151(a) was intended to alleviate given the siz e and speed of the sUAS. An equivalent level of sa fety can be achieved by prohibiting the PIC from beginni ng any flights unless, considering the wind and forecast weather conditions, there is enough availa ble power for the sUAS to conduct the intended operations and to operate after that for at least f ive minutes or with the reserve power recommended by the manufacturer, whichever is greater. This re striction is more than adequate to return the UAS t o is planned landing zone from anywhere in its limite d operating area. FAA has granted similar exemptions in, for example, Exemption Nos. 2689F, 5 745, 10673, 10808, 11864, and 11769.

14 C.F.R. § 91.203(a) & (b) – Carrying Civil Aircra ft Certification and Registration

This regulation provides as follows:

(a) no person may operate a civil aircraft unless it ha s ... an appropriate and current
airworthiness certificate.

(b) No person' may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a spec ial flight authorization issued under § 91.151 is displayed at the cabin or cockpit entranc e so that it is legible to passengers or

crew.

The UAS fully loaded weighs approximately 6 lbs. As such, there is no ability or place to carry certification and registration documents or to disp lay them on the sUAS. In addition, there is no pilo t on board the aircraft.

An equivalent level of safety will be achieved by k eeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them. The FAA has issued numerous exemptions to this regulation. A representative sam ple of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10 700.U.S. Department of Transportation

December 30, 2015 Page 10

14 C.F.R. § 91.405( a) – Maintenance Inspections; 14 C.F.R. § 91.407(a)(1 ) – Operation After Maintenance, Preventative Maintenance; 14 C.F.R. § 91.409(a)(2); 14 C.F.R. § 91.417(a) & (b) –

Maintenance Records

Section 91.405(a) requires that an aircraft operato r or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall betw een required inspections, except as provided in paragraph (c) of this section, have discrepancies r epaired as prescribed in part 43 of this chapter .. ." Section 91.407 similarly makes reference to require ments in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an air worthi ness certificate. Section 91.417(a) requires the ow ner or operator to keep records showing certain mainten ance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return
to service.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Petitioner. Petitioner will adhere to the safety and maintenance procedure s included in all applicable UAS manufacturers’ instr uctions and operating manuals. To the extent such information is not included in the guidelines as de veloped by the manufacturers, Petitioner will undertake to develop and document maintenance, over haul, replacement, and inspection requirements, and procedures to document and mainta in maintenance records with regards to the

UAS.

An equivalent level of safety will be achieved beca use the sUAS is small in size, will carry small pay loads, will operate only in restricted areas for limited p eriods of time. If mechanical issues arise, the UAS can land immediately and will be operating from no high er than 400 AGL. Fearless Eye will ensure that its UAS are in working order prior to initiating each f light, perform regular maintenance, and keep a log of any maintenance performed. Moreover, the operator is most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy con dition to ensure safe operations.

F. Equivalent Level of Safety/No Adverse Impact to Safety

Because Fearless Eye is an aviation centric, compan y we understand the absolute requirement for safety during flight operations, and the equivalent requir ement during maintenance performed on the aircraft and its systems while on the ground. An equivalent level of safety will be achieved by maintaining th e UAS in accordance with the manufacturer's guideline s. When no manufacturer reference is available, standard aviation maintenance practices will be uti lized. An aircraft logbook will be maintained for each airframe and all maintenance performed, to include functional test flights, will be logged. Additiona l information in regard to maintenance can be found i n this Petition and the Fearless Eye Mission

Checklist.

The enhanced safety achieved using an unmanned airc raft (UA) with the specifications described within this petition and carrying no passengers or crew, r ather than a manned aircraft of significantly great er proportions, carrying crew in addition to flammable fuel, would provide the FAA good cause to find tha t the UAS operation enabled by this exemption would n ot adversely affect safety.U.S. Department of Transportation

December 30, 2015 Page 11

Prior to conducting any UAS operations, Fearless Ey e will conduct a mission brief as identified in the Fearless Eye Mission Checklist. 3 Aircrews will also conduct a risk assessment and discuss any additional safety issues identified by the client before condu cting UAS operations. All Fearless Eye UAS aircrew members will comply with qualification, currency, a nd training requirements as outlined in the Fearles s Eye Mission Checklist prior to conducting flight op erations. Safety to the public and property will b e of the highest priority when conducting flight operati ons. Fearless Eye will only employ well trained an d competent Operators and VOs. Operations will be co nducted through the use of checklists to ensure safe, predictable, and consistent outcomes.

All current and future UAS operated by Fearless Eye will employ the use of automated safety features t o provide an additional level of safety in the event of a lost communications link between the Operator and aircraft. The automated safety features will d irect the UAS to a pre-determined "home" point if t he control signal is interrupted. This same feature w ill safely land the aircraft in the event of a low battery condition. Fearless Eye will continue to pursue te chnology which employs the use of sensors on future platforms. These safety features are designed to i mprove the level of safety and not adversely affect it.

Fearless Eye will conduct annual safety training an d document this training in accordance with the Fearless Eye Mission Checklist. Training will incl ude current practices, lessons learned from prior operations, FAA guidance and policy, and industry-s pecific safety measures. Flight data, inspection results, recorded observations and lessons learned from UAS operations will be periodically compiled and reviewed to further enhance Fearless Eye's curr ent safety program.

Fearless Eye will also abide by local safety laws a nd ordinances and communicate with the proper authorities if discrepancies or inconsistencies exi st that might adversely affect safe operation.

Fearless Eye's proposed operations to perform aeria l data collection will reduce the unnecessary exposure of personnel and property to dangerous act ivities by decreasing the requirement for personnel to climb structures and/or operate costly manned ai rcraft. This would not adversely affect safety, bu t instead greatly reduce the level of risk associated with performing these operations.

The limitations provided by the FARs, this exemptio n request, and any additional guidance provided for commercial UAS operations by the FAA Administrator, will ensure a level of safety previously unattainable by manned aircraft. Based on the size and the limited area of operations of the aircraft

, approval of this request presents no threat to Nati onal Security.

G. Reasons Why Requested Exemption Would Be in Publ ic Interest

The enhanced safety achieved by replacing significa ntly larger manned aircraft carrying crew, passengers, and flammable fuel with small UAS carry ing no passengers, crew, or flammable fuel under the specific guidelines and procedures proposed giv es FAA good cause to find that the UAS operations enabled by this petition are in the public interest . Specifically the potential for damage or harm to the public as a result of a UAS accident under the cond itions and limitations proposed herein utilizing th e UAS is far less than the threat posed to the public by normal manned aircraft operations.

3 See Appendix 3 and Appendix 4.U.S. Department of Transportation

December 30, 2015 Page 12

111408979.1 In addition, using small UAS, Fearless Eye will be able to provide aerial operations services at a red uced cost, making these kinds of services available to a greater range of businesses. Similarly, the small UAS will benefit the public as a whole by reducing the pollution and ecological impact associated with traditional aircraft and rotorcraft operations.

Given the clear direction in Public Law 112-95 § 33 3, the equivalent level of safety surrounding the proposed operations, and the significant public ben efit including reduced noise levels and lower operating costs through more efficient equipment, g ranting this petition is deemed to be in the public

interest.

H. Federal Registry Summary

Petitioner seeks an exemption from the following ru les: 14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 45.23(b); 14 C.F.R. § 45.27; 14 C.F.R. § 45.29; 14 C.F.R. § 61.113(a) & (b); 14 C.F.R. § 61.315 (a) & (c); 14 C.F.R. § 101(e)(4) & (5); 14 C.F.R. § 91.7(a); 14 C .F.R. § 91.9(b)(2) & (c); 14 C.F.R. § 91.103; 14 C. F.R. § 91.109(a); 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. § 91.203(a) & (b); 14 C.F.R. § 91.405(a); 14 C.F.R. § 91.407(a)(1); 14 C. F.R. § 91.409(a)(2); 14 C.F.R. § 91.417(a) & (b).

Approval of exemptions allowing commercial operatio ns of sUASs will enhance safety by reducing risk. These UASs will be operated commercially for the pu rposes of aerial mapping, modeling and data collection. Approval of this exemption will provid e Fearless Eye with a means to provide safe, effect ive
efficient aerial data collection to customers.

I. Privacy

All flights will occur over private or controlled a ccess property with the property owner's prior cons ent and knowledge.

Respectfully submitted,

STINSON LEONARD STREET LLP

Robin K. Carlson

RKC:cll