August 13 th, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590 Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 CFR Part 11, Accu Wing LLC (“Accu Wing”) hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its UASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. T he requested exemption would support an application for a Certificate of Authorization (“COA”) and p ermit the operation of small, unmanned UAS s under controlled cond itions in airspace for public and commercial **aerial data collection purposes** including (but not limited to) :

 Inspection of tower structures such as wind turbines, flare stacks, cell phone t owers, antenna towers, and other tall structures
 Infrastructure inspection, including power lines, pipelines, substations, bridges, and other structures
 Survey, including mining, railroad, and agriculture
 Precision agriculture
 Aerial photography, including real estate, building, and event photography
 Precision photogrammetry and mapping **Aircraft** to be flown during these operations would be as follows (please see the Appendices and attachments for various Manuals):

 Precision Hawk Lancaster Mk. III
 DJI Phanto m 3 Professional
 DJI S1000
 Microdrones MD4

- 1000
 Quantum Systems Geo

-X8000 We believe that through the combination of the UASs lightweight, historically demonstrated flight performance, on board GPS system, fully qualified flight personnel, and strict opera tion under the guidelines established, the FAA can have confidence that Accu Wing’s operation will have an equivalent or greater level of safety when compared to manned aircraft performing the same missions. Accu Wing agrees to be bound by the limitation s listed in the proposed exemption . These limitations provide for an exceptional level of safety to operations. These limit ations and conditions to which AccuWing agrees to be bound when conducting commercial operations under an FAA issued exemption

inclu de : 1. The UAS will weigh less than 55 lbs. 2. Flights will be operated during daylight hours, in visual meteorological conditions, and within visual line of sight (VLOS) of the operator. 3. Flight operations will be conducted such that the UAS maintains the greater of enough reserve power for five minutes of flight or the reserve power recommended by the manufacturer. 4. Flights will be operated at an altitude of no more than 400 feet AGL 5. UAS operator will be trained and certified in the proper safety and operations of the UAS. 6. Proper preflight inspections will take place before each flight. 7. The UA will remain clear and give way to all manned aviation operations and activities at all times. 8. The UAS will be operated in accordance wi th the procedures outlined in the appended and attached Manuals.

The **name and contact information** of the applicant are: Accu Wing LLC 2600 E Southlake Blvd 120

- 281 STE Southlake, TX 76092

- 6634 Lance Wilkerson lance@accuwing.com Please see Appendix A for details on how an equivalent level of safety will be maintained for each regulation for which exemption is being sought. **Exemption** is requested from the following regulations : 14 CFR Part 21 14 CFR 61.113(a) & (b) 14 CFR 91.7(a) 14 CFR 91.9(b)(2) 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151(a) 14 CFR 91.203(a) & (b) 14 CFR 91.405(a) 14 CFR 407(a)(1) 14 CFR 409(a) (1) & (2) 14 CFR 417(a) & (b) Pursuant to 14 CFR Part 11, the following **summary** is provided for publication in the Federal Register, should it be determined that publication is needed: “Accu Wing LLC seeks an exemption from the following rules: 14 CFR Part 21 subpart H, 14 CFR sections 61.113(a) & (b), 91.7(a), 91.9(b)(2), 91.109, 91 .119, 91.121, 91.151(a), 91.203(a) & (b), 91.405(a),407(a)(1), 409(a)(1) & (2), and 417(a) & (b) to operate commercially a small unmanned vehicle (55lbs or

less) for the purpose of aerial data collection. ” Approval of exemptions allowing commercial operat ions of sUASs for these applications will enhance safety by reducing risk. Conventional means for performing these activities require extreme risk to personnel physically climbing structures or using low flying helicopters. In contrast, a UAS weighing les s than 55 lbs and powered by batteries elinates virtually all of that risk. The UAS will carry no passengers or crew and, therefore, will not expose personnel to any of the risks described above. The operation of small UASs, weighing less than 55 lbs, con ducted in the strict conditions outlined above, will provide a level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweigh t aircraft operate at slow speeds, close to the ground, and in a controlled environment. As previously stated by the FAA, this operation is in the **public interest** because of the “enhanced safety achieved using an unmanned aircraft (UA) with the specificati ons described...and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel.” Accordingly, the applicant respectfully requests that the FAA grant the requested exemption and is 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 us at any time if additional information or clarifications are needed. Sincerel y,

Lance Wilkerson Accu Wing LLC
**Appendices:** A. Exemption Request and Equivalent Level of Safety B. Hawkeye Mk III Lancaster User Manual (confidential) C. DJI Phantom 3 Professional User Manual (confidential) D. DJI S1000 User Manual (confidential ) E. Microdrones MD4

- 1000 User Manual (confidential) F. Quantum Systems Geo

-X8000 User Manual (confidential)

# Appendix A

**EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY** Accu Wing LLC requests an exemption from the following regulations as well as any additional regulations that may technically ap ply to the operation of its UAS s. **14 CFR Part 21, Subpart H: Airworthiness Certificates** Subpart H, entitled Airworthiness Certificates, 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 the Applicant, 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 U.S.C. §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 UAS. In all cases, an analysis of these criteria demonstrates that the UAS 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 (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a controlled area as set out in th e Procedures. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, and lack of explosive materials or flammable liquid fuels. **14 CFR 61.113(a) & (b) : Private vs. Commercial Pilot Certificates**  These regulations limit private pilots to non

- commercial operatio ns. Because the UAS will not carry a pilot or passengers; due to the UAS’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 require a commercial pilot’s license while still benefiting the public good. **14 CFR §91.7(a): Civil aircraft airworthiness** The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As t here will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the Manuals for maintenance and use of safety check lists prior to each flight, an equivalent level of safety will be provided. **14 CFR § 91.9(b) (2): Civil Aircraft Flight Manual in the Aircraft** Section 91.9(b) (2) provides: No person may operate a U.S.

- registered civil aircraft ... (2) for which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available inthe aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material,

markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the a ircraft, not only because there is no pilot on board, but because there is no room or capacity to carry s uch an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the operator flying the UAS will have immediate access to it. T he FAA has issued the following exemptions to this regu lation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700. **14 CFR §91.109: Flight instruction**  Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UASs and remotely piloted aircraft, by their design do n ot have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety will be provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. **14 CFR §91.119: Minimum safe altitudes** Section 91.119 establishes safe altitudes for operation of civil aircraft. As this exemption is for a UAS and the exemption requests authority to operate at altitudes below 400 feet AGL, a n exemption may be needed to allow such operations. The equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well as the location where it is operated. In addition, the low

- altitude operations of the UAS will ensure separation between these small

- UAS operations and the operations of conventional aircraft that must comply with Section 91.119. **14 CFR §91.121: Altimeter Settings** 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 UAS 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, pursuant to the Manuals and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. **14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions** Section 91.151(a) 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." Given the limited battery power available to the UAS and the limitations of the proposed flight area(s), maintaining 30 minutes of reserve flight capability is not practical for the intended operations. Instead,applicant proposes that conditions similar to those granted in prior exemptions be imposed, i.e

.

operating such that the UA has at least five minutes of remaining flight time or the manufacturer’s recommended reserve power level, whichever is greater. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exempti ons. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151(a)). This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area . Simila r exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. **14 CFR §91.203(a) and (b): Carrying Civil Aircraft Certification and Registration** The regulation provides in pertinent part: (a) Except as provided in § 91 .715, no person may operate a civil aircraft unless it has within it the following: (1) 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 special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS fully loaded weighs no more than 55 lbs and is operated without an on board pilot. As su ch, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the operator flying the UAS will h ave immediate access to them, to the extent they are applicable to the UAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. **14 CFR §91.405(a); 407(a) (1); 409(a)**  **(1) & (2); 417(a) & (b): Maintenance Inspections**  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 in spections, 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 section and Part 43 a pply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the Manuals . An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in controlled areas for limited periods of time. If mechanical issues arise the UAS can land immediately

. T he operator will ensure that the UAS is in working order prior to initiating flig ht, perform required maintenance, and keep a log of any maintenance performed. 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

.

# Appendix B

**Precision Hawk Lancaster Mk III User Manual (see**  **confidential attachment**  **“PCN -** **04E -** **AWI Rev A –**  **LM3R4 User Manual” )** 



# Appendix C **DJI Phantom 3 Professional User Manual (** **This file is too large to submit through regulations.gov. Please see the copy of the Manual** 

**publicly available at http://download.dji** 
**** **innovations.com/downloads/phantom_3/en/Phantom_3_Professiona**

**l_User_Manual_v1.2_en.pdf [parent webpage is**  **http://www.dji.com/product/phantom**
**- 3/download**  **]. This file can**

**also be emailed upon reque st.**  **)** 

# Appendix D **DJI S1000 User Manual (see**  **confidential attachment** 

**“S1000_User_Manual_v1.0_en” )**  

# Appendix **E Microdrones MD4** **- 1000**  **User Manual (see confidential**  **attachment**

**“Operators -**  **Handbook -**  **md4 -**  **1000_EN” )** 



# Appendix F **Quantum Systems Geo -** **X8000 User Manual (see**  **confidential**

**attachment “Manual X** **- 8000 2.20 V10”**  **)**