Applewhite Aero

333 Exemption Request

Applewhite Aero LLC, PO Box 46955, Seattle, WA 98146 : Tel: (206)762

- 5285 Page 1 June 1 , 2015

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

To whom it may concern,

As stated in Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Applewhite Aero LLC, a manufacturer and operator of small Unmanned Aerial Systems (sUAS) for UAS training, agricultural survey, forestry survey, and wildfire reconnaissance seeks exemption from several Federal Aviation Regulations (FARs) to allow the aforementioned uses

.

Applewhite Aero’s requested exemption would permit the operation of three of Applewhite Aero’s airframes: the Milo UAS, the Oculus UAS, and the Invenio UAS , to be operated under controlled conditions using the methods laid out in the Aircraft Flight Manua l, Inspection and Maintenance Manual, and Safety Checklist for each vehicle. The following information lays out all the necessary information regarding the aircraft, their flight abilities and limitations, the safety procedures that would
be utilized durin g operations, and the explanation as to why the allowance of these operations via the exemption from the listed regulations would be for the good of the public.

Applewhite Aero LLC is an engineering company that has been working for four years in the UAS industry

- working to be able to use unmanned aerial systems in the capacities listed above. Using trained engineers and experienced RC pilots, the UASs designed and manufactured by Applewhite Aero have been optimized to safely and successfully accomplish t hese tasks. Further details of the airframes’ abilities and of their safe operation can be found in the attached manuals

.

Information Supporting this Petition as Specified in 14 C.F.R. §11.81

Applewhite Aero LLC Paul Applewhite, President

PO Box 46955
S eattle, WA 98146 (206)762

- 5285
Email: paul@applewhiteaero.com

Regarding the Unmanned Aircraft System

Information describing the UASs Applewhite Aero intends to use can be found in the accompanying documentation: namely the Aircraft Flight Manual , the Safety Checklist, and the Inspection and Maintenance Manual for the Milo, the Oculus, and the Invenio. The information in the listed documents describes in detail all parameters around the proper operation of the UASs. The aircraft performance,

pe rformance limitations, operating procedures, and aircraft loading information are also discussed.Applewhite Aero

333 Exemption Request

Applewhite Aero LLC, PO Box 46955, Seattle, WA 98146 : Tel: (206)762

- 5285 Page 2 All information regarding procedures to implement preceding, during and after operation, such as pre

flight inspections, maintenance, and repair, that ensure s the UAS is in a condition for safe flight can also
be found in the documentation listed above.

Information regarding the radio frequencies can also be found in the above documentation, and FCC approval for operation at those frequencies is included.

Regarding the Unmanned Aircraft PIC

The documentation also describes all requirement of operational crew, including requirements for the PIC, in regards to experience and medical certification . Certain qualifications such as the level of airman
certificat e held are among some of the exemptions requested, and would be held to levels as laid out by this exemption.

Regarding the Operation of the Unmanned Aircraft

As mentioned in the opening, the operations Applewhite Aero intends to use the UASs for include UAS training services, survey in the agricultural industry, and survey in the forestry industry, especially with applications to wildfire reconnaissance.

The UAS training operations would include but not be limited the lands defined by the Safety Checklists
f or each vehicle

- areas that Applewhite Aero has been granted to use by the owner. All areas are defined in section 6, p art C of the Safety Checklist s

- areas that have been approved by the Special
Airworthiness Certificate s granted to the Invenio UAS. For t he purposes of t raining operations, all flight restraints as stipulated by the 333 Exemption would be followed in lieu of the set constraints detailed in the above mentioned section of the attached Safety Checklists

.

Training would allow for a measure of consistency to be obtained for UAS pilots. This would be for the good of all, as it would help insure that more and more pilots of the UASs are knowledgeable and competent about the national airspace and about the safe, efficient, and productive use of UA Ss in general. Applewhite Aero hopes the training can be used as a meter for insurance companies. Operators with insurance is in the public interest, as it will allow financial security for the users and populace. The training will add a level of safety to the NAS, the population on the ground, and to the user.

The agricultural operations would take place on private properties that are limited, predetermined, and subject to controlled access by the property owner. Applewhite Aero is confident that an exem ption to allow these operations would further enhance the safety and productivity of the agricultural industry. Agriculture is a vast industry, with fields of vast acreage. Already, the UASs in the agricultural industry have proven to increase the efficien cy and reduce the cost exponentially. UASs have proven a fantastic tool to help monitor crop health which allows for the best use of irrigation, anti

- fungal solutions, and pesticides. This lessens the amount of substances used which not only reduces costs, but lessens the amount of harmful chemicals that are put into the environment. In addition to these benefits, the use of UASs in agriculture also accelerates the tasks and minimizes risk to the owners, as full size aircraft willApplewhite Aero

333 Exemption Request

Applewhite Aero LLC, PO Box 46955, Seattle, WA 98146 : Tel: (206)762

- 5285 Page 3 not be needed. With more a pproved operators of UASs for this task, the efficiency of the entire industry will increase improving the lifestyle of the entire population.

Similarly to agricultural operations, the forestry and wildfire surveying would be very beneficial to the popula tion. Applewhite Aero plans to assist the Oregon Department of Forestry in wildfire reconnaissance, pending approval by the FAA. Using similar systems as those used in agriculture, the UASs can be used to help track the growth of wildfires to best utilize the forces fighting them. With images collected by the UASs, maps can be made for the deployment of firefighters; hot spots can be found. This will allow for the most timely and efficient use of resources. Additionally, the use of UASs for this purpose wil l circumvent the necessity of manned aircraft to fly in the dangerous airspace which is a much cheaper option lessening cost . UASs will be operated with the approval of the Department of Forestry and will take place in a restricted flight zone as designate d by the FAA via NOTAMs, so the danger to other airmen is negligible. Additionally, areas affected by forest fires are controlled spaces by government entities, and they occur in spaces that are not densely populated. Danger to population on the ground is negligible. The above facts show that it is in the public interest to grant exemption to Applewhite A ero to use UASs for the purpose just described.

More detail describing how these operations benefit the public can be found in the following section,
whic h specifies whi ch exemptions are being requested. The arguments demonstrating the equivalence of safety for the proposed exemptions are also given.

Information discussing the maximum operating speeds and altitudes as well as the rest of the operation abilities are specified in the attached documentation. Also included in the Safety Checklist and AFM are flight procedures and checklists that will be us ed in the event of flight hazards. These flight procedures and checklists are also used for preflight safety inspections to insure that the aircraft are in condition for safe flight. More detail follows in the section below.

Any activity near airports wil l conform to the requirements as laid out by Section 333 . A NOTAM will be filed prior to operation so all airmen are aware of the UASs position in the airspace. All flight requirements and safety procedures will be mainta ined to ensure the aircraft does no t endanger any
other users of the NA S. O bservers will be in constant communication

, as usual

, to alert the PIC should an aircraft approach the space being used by the UAS, and the UAS will be landed immediately to ensure the safety of the manned aircraft i n the airspace.

As described in the accompanying documentation, strict procedures will be utilized to ensure the aircraft remains within VLOS in accordance to the statutory mandate under section 333(b)(1). The autopilot system used in Applewhite Aero’s th ree aircraft have safe guards in place to prevent the aircraft from leaving the operational area as defined by the PIC. Additionally, the PIC can take manual control of the aircraft at any time and keep in bounds if viewing is inhibited in anyway and loss of VLOS is at all expected.

Sections from which exemption is sought

The specific sections of 14 CFR from which Applewhite Aero LLC seeks exemption are as follows:Applewhite Aero

333 Exemption Request

Applewhite Aero LLC, PO Box 46955, Seattle, WA 98146 : Tel: (206)762

- 5285 Page 4

 45.23

– Display of marks: general

 61.23

– Medical certificates

 61.101

– Recreational pilot privileges

 61.113

– Private pilot privileges and limitations

 61.315

– Sport pilot privileges and limitations

 91.7

– Civil aircraft air worthiness

 91.119

– Minimum safe altitudes

 91.121

– Altimeter settings

 91.151

– Fuel requirements for flights

 91.405

– Ma intenance required

 91.407

– Operation after maintenance

 91.409

– Inspections

 91.417

– Maintenance records

Applewhite Aero believes that exemption f rom the above regulations will allow for the operation of the UASs: Milo, Invenio, and Oculus, in the ca pacities discussed above.

14 CFR § 45.23 (b). Marking of the Aircraft Applewhite Aero seeks exemption from 14 CFR § 45.23 (b) , which discusses the display of the markings
on the aircraft. Part (b) of the regulation requires:

“ When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft ne ar each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport,” “experimental,” or “provisional,” as applicable.”

Due to the small size of some of Applewhite Aero’s aircraft

- particularly the Oculus UAS, and Invenio UAS, markings “not less than 2 inches” will not fit upon the airframe. Applewhite Aero has already been “authorized to identify your Invenio u nmanned aircraft...[with] the word EXPERIMENTAL on the forward left and right sides of the fuselage in one inch lettering.” In an approval by one James D. Seipel dated January 07, 2014.

We request an extension of this marking to our aircraft as described above where necessary

- upon the
Invenio and Oculus airframes. Additionally, as there are no “cabin[s], cockpit[s], or pilot station[s]” on board any of this small UASs, Applewhite Aero requests exemption from this regulation. As the airframes are so small, the listed “N” number and word “EXPERI MENTAL” will take up 40

- 60% of the available surface area of the fuselages, and thus will be more than visible with respect to the size of the airframe. This alteration will not create any safety hazards to the population or the user, and the smaller
lette ring will actually be more legible then crowded letters that are too large. The increased legibility, will benefit any persons operating other aircraft or on the ground who see the aircraft.

See the attached approval letter for the alternate marking appro val.Applewhite Aero

333 Exemption Request

Applewhite Aero LLC, PO Box 46955, Seattle, WA 98146 : Tel: (206)762

- 5285 Page 5 14 CFR § 61.23 (a) and (c). Medical certificates: Requirement and duration Applewhite Aero seeks exemption from 14 CFR § 61.23 (a) and (c) which describes the necessary details of medical certificates for pilots.

Part (a) requires that an operator m ust hold a first

- class medical certificate when using the “Privileges of a commercial pilot certificate” 14 CFR § 61.23 (a.2.ii) . Since the aircraft is a small UAS, and there are no passengers on board, Applewhite Aero requests exemption from this regulatio n; the pilot in command of these operations will not have lives in their hands, and in the specific applications in which Applewhite Aero plans to use the UASs, the population on the ground will be limited. Therefore, a PIC who is a competent unmanned pilo t and who has full facilities, in body and mind, to pilot a small UAS should be able to do so, as it will not increase the danger to the population, and it will increase the ability for Applewhite Aero to perform its’ duties, which is in the populations in terest, as it brings all the
benefits discussed above.

14 CFR § 61.101 (e)(4) and (5). Recreational pilot privileges and limitations. Applewhite Aero seeks exemption from 14 CFR § 61.101 (e)(4) and (5) which states:

“a recreational pilot may not act as p ilot in command of an aircraft

- (4) For compensation of hire; (5) In furtherance of a business;”

These two articles are the entire purpose of a UAS company such as Applewhite Aero. It is in the population’s interest to exempt Applewhite Aero from this reg ulation because it allows for the advancement of society. Since the UASs are small, and will be used in very controlled spaces, a full commercial pilot license is unnecessary. No people are being transported, so no lives are inherently at
risk: this means that the more rigorous license that ensures the quality of an airline pilot are not needed. As long as the rules of the NAS are known and observed, as well as all safety precautions as outlined in these exemptions, as well as in the Aircraft Flight Manual (AFM) , the Safety Checklists, and the Maintenance and Inspection Manuals, the safety of the population is ensured. This is an equivalent level of safety as the one provided by this regulation.

14 CFR § 61.113 (a). Private pilot privileges and limitations: Pilot in command. Applewhite Aero seeks exemption from 14 CFR § 61.113 (a) which states:

“ Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft.”

Similarly to the exemption request above, this regulations prevents the entire mission of a small UAS company such as Applewhite Aero. In order to complete the goals of the company, and better the advancement of society, a pilot in command with a private p ilot license should be sufficient for the purposes laid out above. As long as the airspace is known by the pilot and all precautions are taken for safe operation as laid out in this exemption, the AFM , Safety Checklist, and Maintenance and Inspection Manua l, the safe operation of the UAS is ensured and a more rigorous commercial pilot license shouldApplewhite Aero

333 Exemption Request

Applewhite Aero LLC, PO Box 46955, Seattle, WA 98146 : Tel: (206)762

- 5285 Page 6 not be required. Following the stipulated safety considerations will provide an equivalent level of safety as this regulation.

14 CFR § 61.315 (a). What are the privileges and limits of my sport pilot certificate? Applewhite Aero seeks exemption to 14 CFR § 61.315 (a) which states the following:

“You may not act as pilot in command of a light

- sport aircraft: (2) For compensation or hire. (3) In furtherance of a b usiness.”

Once again, with the same arguments as listed above for Exemption to 14 CFR § 61.113 (a) and 14 CFR § 61.101 (e)(4) and (5) , the same amount of skill and knowledge required to pilot a commercial aircraft is not necessary to pilot a UAS in the cont rolled environment they will be used in . Following the rules of the NAS, as well as all safety precautions as outlined in these exemptions, and the AFM the Safety Checklists, and the Maintenance and Inspection Manuals, the safety of the population is ensur ed. This is an equivalent level of safety as the one provided by this regulation.

14 CFR § 91.7 (a). Civil aircraft airworthiness Applewhite Aero requests exemption from 14 CFR § 91.7 (a) which states the following:

” The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur.”

To m aintain an equivalent level of safety, the PIC will ensure that the aircraft is in compliance with the AFM, Safety Checklist, and Maintenance and Inspection Manual prior to each flight. Additionally, the Pilot will still comply with 91.7(b) and ensure that the aircraft is in condition for a safe flight.

See granted exemption: 11694

14 CFR § 91.119 (c). Minimum safe altitudes: General. Applewhite Aero seeks exemption from 14 CFR § 91.119 (c) which states the following:

“Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. ”

Applewhi te Aero requests authority to operate at altitudes only up to 400 AGL over uncongested areas. The aircraft will operate in a limited area within pre

- defined boundaries with the consent of the landowner/controller and require that all non

- essential persons remain clear of the flight area during operations. The PIC will make a safety assessment of the risk of operating the aircraft and ensure no undue hazard is present for persons or property. Considering the size, weight and speed of the aircraft, these prot ections will ensure the equivalent level of safety of minimum safe altitudes. Compared to flight operations for manned aircraft and the lack of flammable fuel, any risk associated with theApplewhite Aero

333 Exemption Request

Applewhite Aero LLC, PO Box 46955, Seattle, WA 98146 : Tel: (206)762

- 5285 Page 7 proposed aircraft operations is far less than conventional aircraft operating at or below 500 AGL. In addition, the low

- altitude operations of the aircraft will ensure separation with conventional aircraft.

See granted exemption: 11694

14 CFR § 91.121

. Altimeter settings. Applewhite Aero seeks exemption from 14 CFR § 91.121 which specifies altimeter settings and usable flight levels to be maintained during flight.

The UASs that Applewhite Aero utilizes do not have altimeters equipped, but instead use GPS data to keep track of the altitude and positioning. This provid es an equivalent level of safety provided the PIC follows the procedures discussed in the AFM and other safety documentation for each aircraft.

14 CFR § 91.151(a). Fuel requirements for flight in VFR conditions. Applewhite Aero seeks exemption from 14 CFR § 91.151 which states the following:

“ (a) No person may begin 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 crui sing 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. ”

All three of Applewhite Aero’s UASs have electric configurations. The telemetry on board each aircraft provides the oper ators vision of how much battery life remains. Additionally, in accordance with the FOPM, flights will not go beyond line of sight, which allows for an extra measure of safety in the operation of the UASs. The Milo has a gas engine configuration which will remain within the bounds of the fuel requirements. For all configurations, the safety procedures will be followed, and the aircraft will be landed with enough power for control and with proper safety considerations. This provides an equivalence of safety to those provided by the regulation.

14 CFR § 91.405, 91.407, and 91.417 Applewhite Aero seeks exemption from 14 CFR § 91.405, 91.407, and 91.417 which discusses required aircraft maintenance, operation after maintenance, preventive maintenance, rebuilding, or alteration, inspections, and maintenance records. Applewhite Aero’s AFM, Safety Checklist, and Inspection and Maintenance Manual, procedures for proper care and maintenance of the UASs have been outlined. Since the regulations are created for manned aircraft which necessitate a higher level of safety then those required for a UAS, and all procedures will be followed to keep the population on th e ground safe, Applewhite Aero believes these procedures provide an equivalent level of safety to the regulations.

Nevertheless, we seek an exemption from any such specific provisions to the extent FAA finds it necessary to grant this request.Applewhite Aero

333 Exemption Request

Applewhite Aero LLC, PO Box 46955, Seattle, WA 98146 : Tel: (206)762

- 5285 Page 8 The above listed operations as described in this exemption request will be conducted within the United

States.

Attached to this 333 Exemption Request, and submitted as confidential documentation, are the Milo, Oculus, and Invenio Aircraft Flight Manual, Safety Che cklist, and Inspection and Maintenance Manual to fully describe all the capabilities and operational limitations of the three aircraft , as well as FCC approval, and a letter of alternate marking approval . We respectfully submit that good cause exists so
th at this confidential material does not need to be published in the Federal Register.

Please let us know if there are any questions or concerns regarding this exemption or any of the
attached documentation via the contact information listed.

Respectfull y,

Paul Applewhite
President Applewhite Aero LLC