September 15, 2015

Exemption No. 12851 Regulatory Docket No. FAA

− 20 15

− 2669

Mr. William D. Janicki
Counsel for UAV Solutions, Inc.
Morrison and Foerster LLP 12531 High Bluff Drive San Diego, CA 92130

Dear Mr. Janicki :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated June 5, 2015 , you petitioned the Federal Aviation Administration (FAA) on
behalf of UAV Solutions, Inc. ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial data capture for engineering, infrastructure, energy, agriculture, real estate, sports, wildlife, and
insurance

.

See Appendi x A for the petition submitted to the FAA des cribing the proposed operations and
the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Inspire 1, DJI Spreading Wings S

- 1000, and
DJI Phantom 3

.2

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the
aircraft and its operation, the Secretary of Transportation has determined that this aircraft
meets the conditions of Section 33 3. Therefore, the FAA finds that the requested relief from

14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced s afety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives th e FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

• They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and
11213 also apply to the situation you present; and

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, UAV Solutions, Inc. is granted an ex emption from

14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by
instruments aboard the UA.3

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection

. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, UAV Solutions, Inc. is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Inspir e 1, DJI Spreading Wings S

- 1000, and DJI Phantom 3 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the
aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude mus t be reported 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, as specified on the PIC’s FAA

- issued airman medical certificate or
U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. 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 ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot trans fer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating4

documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists betw een the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein 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 or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then

t he operator must petition for an amendment to its 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.

8. Any UAS that has undergone maintenance or alter ations that affect the UAS operation or flight characteristics, e.g.

, replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conduc ted by a PIC with a VO and must remain at
least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspectin g the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrep ancies, e.g.

, inoperable components, items, or equipment. 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 t o be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and
aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a
current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal5

government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rate d on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emerge ncy maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exempti on. However, training operations may only be conducted during dedicated training sessions. During
traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must ope rate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). F lights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current

FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement wit h the airport management must be made available to the Administrator or any law enforcement official upon request.

17. 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 stat ute miles from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emer gencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the r eserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The6

exemption holder may apply for a new or ame nded COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.

22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear a nd give way to all manned aviation operations and
activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, v ehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons
from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensurin g the safety of nonparticipating persons ; and
b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property w ith permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that tran sgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported
to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be7

reported to the National Transportation Safety Board (NTS B) per instructions
contained on the NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditi ons and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities
must include at least the f ollowing:

a. Dates and times for all flights;
b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;
d. Make, model, and ser ial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;
f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list o f those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and
h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,
parts 45, 47, 61, and 91.8

This exemption termin ates on September 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/
John S. Duncan Director, Flight Standards Service

Enclosuressd-654307 Writer’s Direct Contact

+1 (858) 720.5195 Wjanicki@mofo.com 12531 HIGH BLUFF DRIVE
SAN DIEGO, CALIFORNIA

92130-2040

TELEPHONE: 858.720.5100

FACSIMILE: 858.720.5125

WWW.MOFO.COM MORRISON & FOERSTER LLP

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.

June 5, 2015

U.S. Department of Transportation Docket Operations, M-30 1200 New Jersey Avenue, SE Room W12-140, West Building Ground Floor Washington, DC 20590-0001

Re: Petition of UAV Solutions, Inc. for an Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 to Operate Unmanned Aircraft Systems for Aerial Data Collection

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Moderniz ation and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, UAV Solutions, Inc. (“UAV SOLUTIONS”) hereby applies for an exemption from the Federal Aviation Regulations identified below to allow for the commercial operation of the DJI Inspire 1 (“ Inspire”), the DJI Sp reading Wings S-1000 (“Spreading Wings”), and the DJI Phantom 3 (“Phantom”) unmanned aircraft systems for
aerial data collection.

UAV SOLUTIONS requests that th e FAA review this petition pursuant to its “summary grant” process as the FAA has already granted ex emptions similar in all material respects to this petition. See FAA Grant of Exception Nos. 11062, 11109, 11112, and 11213. The reasons stated by the FAA in granting the exemp tions listed above also apply to this petition, and the grant of this petition is in the public interest.

I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED

UAV SOLUTIONS requests exemption from the following regulations:

 14 C.F.R Part 21, Subpart H;

 14 C.F.R Part 27;

 14 C.F.R § 45.23(b);

 14 C.F.R. § 45.27(a);

 14 C.F.R § 61.113;

 14 C.F.R § 91.7(a);

 14 C.F.R § 91.9(b)(2);

 14 C.F.R § 91.9(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;U.S. Department of Transportation Page Two

2  14 C.F.R § 91.151(a) & (b)

 14 C.F.R § 91.203 (a) & (b);

 14 C.F.R § 91.405(a);

 14 C.F.R § 91.407(a)(l);

 14 C.F.R § 91.409(a)(2);

 14 C.F.R § 91.417 (a) & (b).

This petition incorporates the material cont ained in the User Manuals for Inspire, the Spreading Wings, and the Phantom 3 (together, the “Manuals”).

II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS

This petition for exemption is submitted in a ccordance with Section 333 of the Reform Act. Congress has directed the FAA “to safely acce lerate the integration of civil unmanned aircraft systems into the national airspace syst em.” Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit opera tion of an unmanned aircraft system (“UAS”)
where it does not create a hazard to users of the national airspace sy stem (“NAS”) or the public or pose a threat to national security based on the following considerations:

 The size, weight, speed a nd operational capability;

 Operation in proximity to air ports and populated areas; and

 Operation within visual line of sight of the operator.

Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant exemptions from the agency’s safety regulations and minimum standards when the Administrator decides a requested ex emption is in the public interest. See 49 U.S.C. §§ 106(f), 44701-44716, et seq . A party requesting an exempti on must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety or how it would provide a level of safety at least equal to the existing rules. 14 C.F.R. § 11.81.

III. DESCRIPTION OF UAV SOLUTIONS AND ITS SERVICES

UAV SOLUTIONS provides aerial data capture and imaging se rvices for a variety of industries including engineering, infrastructure, energy, agriculture, real estate, sports, wild life, and insurance. UAV SOLUTIONS is headquartered in Del Mar, California.

UAV Solutions, Inc. 1155 Camino Del Mar #109 Del Mar, CA 92104 C/O William D. Janicki Morrison & Foerster LLP 12531 High Bluff Drive San Diego, CA 92130 Tel (858) 720-5100 WJanicki @ mofo.comU.S. Department of Transportation Page Three

3 IV. DESCRIPTION OF PROPOSED OPERATIONS

UAV SOLUTIONS is requesting exemptions from applicable Federal Aviation Regulations (FARs) pursuant to Section 333 of the Refo rm Act to perform aerial data capture and imaging services for a variety of industries including engineering, infrastructure, energy, agriculture, real estate, sports, wild life, and insurance.

This type of aerial imagery and data collecti on is typically performed by helicopter or fixed wing aircraft. Use of a UAS will reduce sa fety risks because the UAS will not carry flammable fuel or a pilot, and UAS operations can be performed at considerable savings. The UAS will also allow for better imagery than can be produced by using a helicopter or fixed wing aircraft.

A. Aircraft to be Operated

1. DJI Inspire 1

UAV SOLUTIONS will use the Inspire as one of th e aircraft to provide its services. The FAA has already approved the Inspire fo r commercial use in FAA Exemption No. 11679 (FAA Docket No. FAA-2015-0706). The Insp ire is shown in Figure 1 below.

Figure 1– DJI Inspire 1

The Inspire is more fully described in the Inspire User Manual.

2. DJI Spreading Wings S-1000

UAV SOLUTIONS will use the Spreading Wings as one of the aircraft to provide its services. The FAA has already approved the Spreading Wings for commercial use in FAAU.S. Department of Transportation Page Four

4 Exemption No. 11521 (FAA Docket No. FAA-2 014-0947). The Spreading Wings is shown in Figure 2 below.

Figure 2– DJI Spreading Wings S-1000

The Spreading Wings is more fully describe d in the Spreading Wings User Manual.

3. DJI Phantom 3

UAV SOLUTIONS will use the Phantom 3 as one of th e aircraft to provide its services. The FAA has already approved the Phantom 3 for commercial use in FAA Exemption No. 11696 (FAA Docket No. FAA-2015-0746). The Phantom 3 is shown in Figure 3 below.

Figure 3– DJI Phantom 3

The Phantom 3 is more fully described in the Phantom 3 User Manual.U.S. Department of Transportation Page Five

5 B. UAV SOLUTIONS’s Proposed Op erations Demonstrate an Equivalent Level of Safety

1. General Description of Proposed Flight Operations

UAV SOLUTIONS proposes to operate with in the limitations and performance specifications listed in this application and in the Manuals. These limitations provide for at least an equivalent, or higher, level of safe ty for operations under the current regulatory structure because the proposed operations are safer than conventiona l operations using helicopters or fixed wing aircra ft which carry an operator and flammable fuel. The proposed flight operations are similar in all material respects to operations already approved by the FAA and are therefore subject to th e FAA’s “summary grant” process.

The proposed operations do not create any hazard to users of the national airspace system or pose a threat to national security. The aircraft are battery operated w ith a maximum flight time of less than 25 minutes. The vehicles weigh less than 55 pounds. The vehicles will be operated at or below 400 feet AGL within the visual line of sight of the pilot in command. UAV SOLUTIONS’s operations will be over private or controlle d access property with the permission of the owner/contro ller or authorized agent.

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The proposed UAS carry no fuel, and therefore th e risk of fire following an incident or accident due to fuel spillage is eliminate d. Compared to manned aircraft, the UAS being operated by the petitioner reduces the risk to pa rticipating persons in close proximity to the aircraft due to the limited size, weight, ope rating conditions, and design safety features.

The petitioner’s aircraft have the capability to operate safely after experiencing certain inflight failures, as specif ied in the Manuals. The aircraft are also able to respond to a lost-link event with a pre-coordinated, predicta ble, automated flight maneuver.

2. Specific Limitations on Proposed Flight Operations

Given the small size involved, the restricted e nvironment within which they will operate, the procedures listed below, and pilot certific ation requirements, UAV SOLUTIONS’s proposed operations would “not create a ha zard to users of the national airspace system or the public or pose a threat to national security.” Reform Act Section 333(b)(1).

1. The aircraft weigh less than 55 pounds.

2. Each aircraft will be identified by serial number, registered with the FAA, and have identification (N-N umber) markings as large as practicable.U.S. Department of Transportation Page Six

6 3. Flights will be operated within visual line of sight of the pilot in command (PIC).

4. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by PIC.

5. The PIC will ensure that before each flight, there is enough available power for the UAS to conduct the intended opera tion and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

6. The aircraft will be operated during daylight and in VFR conditions.

7. Flights will not exceed 400 feet AGL.

8. Flights will be operated at a lateral di stance of at least 500 feet from any persons or property not associated wi th the operation who have not given prior permission.

9. Flights will be limited to a groundspeed of 100 mph.

10. Minimum crew for each flight will consist of a PIC and an Observer.

11. The PIC will hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will also hold a current FAA
airman medical certificate or a valid U.S. driver’s license issued by a state or
the Federal Government. The PIC w ill also meet the flight review requirements specified in 14 CFR § 61.56.

12. Prior to the flight, a Missi on Plan will be created setting forth the limitations for the flight as well as contact information for the PIC.

13. The flight operations will yield the ri ght of way to other manned aircraft operations.

14. All persons who are not involved w ith UAV SOLUTIONS’s operations will be required to be at least 500 feet from flight operations.

15. The aircraft will only operate over privat e or controlled access property with the permission of the owner/controller or authorized representative.

16. The UAS will not operate within 5 nautical miles of an airport unless a letter of agreement is obtained.U.S. Department of Transportation Page Seven

7 17. All required permissions and permits will be obtained from territory, state, county or city jurisdic tions prior to flight.

18. Prior to commencing operations, UAV SO LUTIONS will obtain a Certificate of Waiver or Authorization (COA) from the FAA.

19. If the aircraft loses communications, it wi ll have the capability to return to a pre-determined location within the operational area and land.

20. If the aircraft loses its GPS signal it will have the capability of being flown manually to a predetermined location w ithin the operational area and land.

21. The flight will be aborted in case of unpredicted obstacles or emergencies.

22. UAS operations will be conducted within the parameters of the Manuals.

3. Flight Recovery, Lost Communications, and Lost GPS

Procedures

The flight recovery, lost communications, and lost GPS procedures are more fully
documented in the attached Manuals.

V. SPECIFIC FAR EXEMPTIONS REQUESTED

UAV SOLUTIONS seeks an exemption from seve ral interrelate d provisions of 14 C.F.R. Parts 21, 45, 61, and 91 for purposes of conductin g the requested operations. Listed below are (1) the specific FAR sections for which exemption is sought, and (2) the operating procedures and safeguards that UAV SOLUTIONS has established which will ensure a level of safety better than or equal to th e rules from which exemption is sought. See 14 C.F.R. § 11.81 (e).

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same appli cation. These criteria are met with this petition, and therefore no exemption is needed. See Grant of Exemption No. 11062, Docket No. FAA 2014-0352 at 13-14, 22. If, however, the FAA determin es that there are some characteristics of the UASs that fail to meet the requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety : The UASs are safe when taking into account their size, weight, speed, and operational capability. They weigh less than 55 pounds and will be flown at speeds less than 100 miles per hour, and in visual line of sight of the operator. The UASs doU.S. Department of Transportation Page Eight

8 not carry pilots, passengers, explosive materi als, or flammable liqui d fuels. The UASs will be operated within the paramete rs of their respective Manuals.

The proposed operations will be at least as safe as, or safer than, conventional rotorcraft or fixed wing aircraft operating with an airworthiness certificate without the restrictions and conditions proposed here.

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category
Rotorcraft

14 C.F.R. Part 27 sets forth the procedural re quirements for airworthin ess certification of normal category rotorcraft. To the extent th e UASs would otherwise require certification under Part 27, UAV SOLUTIONS seeks an ex emption from Part 27’s airworthiness
standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H.

C. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and Identification Requirements

14 C.F.R. §45.23(b), Markings of the Aircraft states:

When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light-spor t category aircraft or experimental or provisionally certificated aircra ft, the operator must also di splay on that aircraft near each entrance to the cabin, cockpit, or pilo t station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light-sport, “experimental,” or “provi sional,” as applicable.

14 C.F.R. § 45.27(a) states:

Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

14 C.F.R. § 91.9(c) states:

No person may operate a U.S.-registered civil ai rcraft unless that aircraft is identified in accordance with part 45 of this chapter.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that th e aircraft “have iden tification (N-Number) markings in accordance with 14 CFR part 45, S ubpart C if the markings are “as large as practicable.” See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 14.U.S. Department of Transportation Page Nine

9 Equivalent Level of Safety : UAV SOLUTIONS will mark all UAS s with their N-Number in a prominent spot on the fuselage with mark ings that are as large as practicable.

D. 14 C.F.R. § 61.113: Private Pi lot Privileges and Limitations

UAV SOLUTIONS seeks exemption from 14 CF R § 61.113, which restricts private pilots from flying aircraft for compensation or hire and would also require a second class medical certificate. The purpose of Part 61 is to ensu re that the skill and competency of any PIC matches the airspace in which the PIC will be op erating, as well as requiring certifications if the pilot is carrying passe ngers or cargo for hire.

While the UAS will be operated as part of a commercial operation, they carry neither passengers nor cargo. In the Grant of Exem ption in FAA Docket No. FAA-2014-0352, the FAA determined that the unique characteristic s of UAS operation outside of controlled airspace did not warrant the addi tional cost and restrictions a ttendant with requiring the PIC to have a commercial pilot certificate and a cl ass II medical certificate. The FAA has also determined that the required knowledge for a co mmercial pilot covers the same fundamental principles as a private pilot.

The FAA has also granted exemptions allowi ng operations by people who hold an airline transport, commercial, private, recreational, or sport pilot certificate with a current FAA
airman medical certificate or a valid U.S. driver’s license issued by a state or the Federal
Government. The PIC must also meet the fli ght review requirements specified in 14 CFR § 61.56. See FAA Exemption No. 11374.

UAV SOLUTIONS will ensure the PIC will meet the requirements listed in the above paragraph. UAV SOLUTIONS will also ensu re the PIC will have completed the manufacturers’ training guideli nes outlined in the Manuals.

The FAA stated in its grant of an exception to Astraeus Aerial the “the FAA considers the overriding safety factor for the limited operatio ns proposed by the petitioner to be the airmanship skills acquired through UAS-specific f light cycles, flight time, and specific make and model experience, culminating in veri fication through testing.” See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 18. The proposed operations can achieve an equivalent level of safety by requiring the knowledge and experience in the UAS operations
described above.

The restrictions UAV SOLUTIONS has placed on its UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA-2014-0352 and those listed in the FAA’s “summary grant” process.U.S. Department of Transportation Page Ten

10 E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

UAV SOLUTIONS seeks an exemption from 14 C.F. R. § 91.7(a), which requires that a civil aircraft be in airworthy cond ition to be operated. The FAA has stated that no exemption is required to the extent that the requirements of Part 21 are waived or found inapplicable. Accordingly, UAV SOLUTIONS re quests that the requirements for Section 91.7 be treated in accordance with FAR Part 21 Subpart H. See Grant of Exemption No. 11062, p. 19.

F. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft; 14 C.F.R. §§ 91.203(a) and (b): Carrying Civil Aircraft
Certification and Registration

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S. -registered civil aircraft -

...

(2) For which an Airplane or Rotorc raft Flight Manual is required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(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 curren t airworthiness certificate...

(b) No person may operate a civil aircra ft unless the airwor thiness certificate required by paragraph (a) of this secti on or a special flight authorization issued under § 91.715 is displayed at the cab in or cockpit entr ance so that it is legible to passengers or crew.

UAV SOLUTIONS does not request an exemption from this sec tion but instead notifies the FAA that, in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS flight manual, registration certificat e and other documentation will be kept at the control station with the PIC during flight. The Chief Counsel’s Office has held that for all UAS operations, this alternate method consti tutes full compliance with the regulations. See
also Grant of Exemption No. 11062, pp. 19-20, and Grant of Exemption No. 8607.U.S. Department of Transportation Page Eleven

11 G. 14 C.F.R. § 91.103: Preflight Action

UAV SOLUTIONS seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the FAA-approved Flight Manual on board the aircraft. The aircraft will not have a Flight Manual on board. The PIC will take all actions including reviewing weather, flight battery requirements, la nding and takeoff distances an d aircraft performance data before initiation of flight. U nder these circumstances, the FAA has stated that no exemption is required. See Grant of Exemption No. 11062, p. 20. An exemption is requested to the extent that an FAA-approved Flight Manual is required.

Equivalent Level of Safety: An equivalent level of safety will be provided by following the Manuals. The PIC will take all required preflight actions - including performing all required checklists and reviewing weathe r, flight requirements, batte ry charge, landing and takeoff distance, aircraft performance data, and con tingency landing areas - before initiation of flight. The Manuals will be kept at the ground station with the operator at all times.

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

UAV SOLUTIONS seeks an exemption from 14 C.F.R. § 91.109(a), which provides that “[n]o person may operate a civil aircraft (except a manned free ba lloon) that is being used for flight instruction unless that aircraft has fully functioning dua l controls.” UASs and remotely piloted aircraft, by their design, do not have func tional dual controls. Inst ead, flight control is accomplished through the use of the Ground Contro l Station (GCS) that communicates with
the aircraft via radio communications.

Equivalent Level of Safety: When flight instruction is performed, no pilots will be on board
the aircraft and the GCS will be a safe distan ce from the aircraft and the public, causing no safety hazard. Given the size and speed of the UAS, an equivalent leve l of safe training can
still be achieved without dual controls because no pilot or passengers are aboard the aircraft, and all persons will be a safe distance away in the event that the aircraft experiences any difficulties during flight instruction. In addition, UAV SOLUTIONS will conduct flight training at a remote facility away from popula tion centers. These training flights will comply with the provisions in the Manuals. Acco rdingly, UAV SOLUTIONS’s proposed method of operation provides superior levels of safety.

I. 14 C.F.R. § 91.119(c): Minimum Sa fe Altitudes in Uncongested
Areas

UAV SOLUTIONS requests an exemption from th e minimum safe altitude requirements of 14 C.F.R. § 91.119(c). Section 91.119( c) prescribes that an aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or stru cture. The Manuals provide for UAV SOLUTIONS operations at leas t 500 feet from persons and structures not involved inU.S. Department of Transportation Page Twelve

12 the operations. The FAA has already determin ed that relief from Section 91.119(c) is warranted for UAS operations in uncongested area s with similar flight restrictions as those imposed by UAV SOLUTIONS. See Grant of Exemption No. 11062, p. 20-21.

Equivalent Level of Safety: Compared to flight operations with rotorcraft or fixed wing aircraft weighing far more than the maximum we ights proposed herein, and given the lack of flammable fuel, any risk associated with these op erations is far less than those that presently exist with conventional aircraft. An equivalent le vel of safety will be achieved given the size, weight, and speed of the UAS, as well as the loca tions where it is operated . In order to avoid any risk to aircraft, flight operations will be restricted to 400 feet AGL or below. Other aircraft are already prohibited from operati ng closer than 500 from structures where UAV SOLUTIONS proses to operate. This is airs pace where other aircraft do not normally operate. As set forth in the Manuals and herein, the UAS will be operated in the remote sites, away from persons or structures not involve d in the operation. All persons who are not involved with UAV SOLUTIONS’s ope rations will be required to be at least 500 feet from flight operations. This will pose no risk to the public because other aircraft are not operating
in these areas.

J. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C. F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight le vel by reference to an altimeter that is set to the elevation of the depa rture airport. The UASs proposed here use both barometric pressure sensors and GPS to determine altitude but do not have the ability to set in a current altimeter setting. An exemption is required to the extent that the UAS does not have a barometric altimeter setting. The altitude of the UAS is monitored by the PIC on the ground control station and by th e visual observer.

Equivalent Level of Safety: The FAA has stated that an equi valent level of safety can be achieved if the aircraft will be operated at orbelow 400 feet AGL and within visual line-ofsight in addition to GPS based altitude info rmation relayed in real time to the operator. See Grant of Exemption No. 11062, p. 20-21. As the attached Manuals indicate, the UAS will be operated at or below 400 feet AGL and otherwise comply with the limitations in the Grant of Exemption No. 11062.

K. 14 C.F.R. § 91.151(a): Fuel Requi rements for Flight in VFR
Conditions

UAV SOLUTIONS requests an exemption from 14 C.F.R. § 91.151(a)’s fuel requirements for flight in VFR conditions. Section 91.151 states:U.S. Department of Transportation Page Thirteen

13 (a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather c onditions) there is enough fuel to fly to the first point of intended landi ng 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 th at for at least 45 minutes.

Here, the technological limitations on the UAS battery power means that no meaningful flight operations can be conducted while mainta ining a 30 minute reserve. The aircraft are battery powered with a maximum flight time of less than 25 minutes. The PIC will ensure that before each flight, ther e is enough available power for the UAS to conduct the intended operation and to operate after that for at le ast five minutes or with the reserve power recommended by the manufacturer if greater.

Equivalent Level of Safety: The FAA has stated that an equiva lent level of safety is provided if the UAS flight is conducted under day time VFR flight conditions using VLOS, and
terminated with at least 25% rese rve battery power still available. See Grant of Exemption No. 11062, p. 21-22. The FAA’s “summary grant” process provides that the PIC is prohibited from beginning a flight unless th ere is enough available power to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater. See FAA Exemption No. 11374 (FAA Docket No. 2015-0091 at p. 5). The limitations here provide that the PIC will ensure that before each flight, there is enough available power for the UAS to conduct the intended operation and to operate after that for at least five mi nutes or with the reserve power recommended by the manufacturer if greater.

L. 14 C.F.R. §§ 91.405(a) , 91.407(a)(l), 91.409( a)(2); 91.417(a) and (b): Maintenance Inspections

UAV SOLUTIONS seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a) (l), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43.

See

, e.g ., 14 C.F.R. § 91.405(a) (stating that each ow ner or operator of an aircraft “[s]hall have the aircraft inspected as prescribed in s ubpart E of this part and shall between required inspections ... have discrepancie s repaired as prescribed in pa rt 43 of this chapter”). An exemption from these regulations is needed beca use Part 43 and these sections only apply to
aircraft with an airworthin ess certificate, which the UAS proposed here will not have.

Equivalent Level of Safety: An equivalent level of safety will be achieved because maintenance and inspections will be perfor med in accordance with the Manuals. This includes maintenance, overha ul, replacement, and prefli ght inspection requirements. SeeU.S. Department of Transportation Page Fourteen

14 Exemption No. 11062 (FAA Docket No. 2014-0352, at p. 14-15) and Exemption No. 11374 (FAA Docket No. 2015-0091, at p. 4).

UAV SOLUTIONS will follow the UAS manufacturer ’s maintenance requirements. Flights will not be conducted unless a flight operations ch ecklist is performed that includes all of the aircraft’s components.

VI. PUBLIC INTEREST

Granting UAV SOLUTIONS’s petition for exempti on furthers the public interest. National policy set by Congress favors ear ly integration of UAS into the NAS in controlled, safe working environments such as proposed in th is petition. By granting this petition, the FAA will fulfill Congress’s intent of allowing UAS to operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act.

Moreover, use of UAS will promote the efficient use of resources. The use of the UAS propped here will also decrease safety-related in cidents involving traditional aircraft. The public has an interest in promoting scien ce and technology educati on and in reducing the
hazards and emissions associated with alternat e use of helicopters and small airplanes to conduct similar operations.

VII. PRIVACY

All flights will occur over private or controlled access property with the owner’s consent. All flights will be conducted in accordance with any federal, state or local laws regarding privacy.

VIII. SUMMARY FOR FEDERAL REGISTER

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determ ined that publication is needed:

UAV SOLUTIONS seeks an exemption from the following rules for aeronautical and UAS training and education of middl e and high school students: 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 91.9(b)(2); 14 C.F.R § 91.9(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) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).

The exemption will promote science and techno logy education and training while enhancing safety by reducing risk to the operator, the general public and property owners from theU.S. Department of Transportation Page Fifteen

15 substantial hazards associated with perfor ming equivalent training and education using
traditional conventional ai rcraft and rotorcraft.

UAV SOLUTIONS requests that th e FAA grant this petition using the “summary grant” process such that publication in the Federal Register is not requ ired. This petition would not set a precedent, and any delay in acting on th is petition would be detrimental to the petitioner.

IX. ATTACHMENTS

Available online at http://www.dji.com/products

Attachment 1: Inspire 1 User Manual Attachment 2: Spreadi ng Wings S-1000 User Manual
Attachment 3: Phantom 3 User Manual

If you have any questions or require any additi onal information, please do not hesitate to contact the undersigned a ttorneys for UAV SOLUTIONS.

X. CONCLUSION

Satisfaction of the criteria pr ovided in Section 333 of the Re form Act - size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line of sight, and national security c onsiderations - provides more th an adequate justification for the grant of the requested exemptions to permit UAV SOLUTIONS to operate the UASs proposed here. Furthermore, this petition wa rrants review by the FAA under the “summary grant” process for immediate approval.

Respectfully submitted,
Morrison & Foerster LLP Counsel for UAV SOLUTIONS, INC.

By
William D. Janicki
Morrison & Foerster LLP 12531 High Bluff Drive, Suite 100 San Diego, CA 92130-2040 Telephone: (858) 720-5100 Facsimile: (858) 720-5125 wjanicki@mofo.com