March 26, 2015

U. S

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

Re : Modification to Exemption Request Section 333 of the FAA FMRA and Part 11 of the Federal Aviation Regulations submitted 5 Dec 20 14

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and FMRA of 2012 ( FMRA ), enrGies Inc. (the “ petitioner

. ”)
, a service provider of Small Unmanned Aircraft Systems ( sUAS ) services and operations for multiple government ac tivities; seeks an exemption from Federal Aviation Regulations (“FARs”) listed below

. The requested exemption would allow enrGies Inc. to conduct research and commercial activities using sUAS in the National Airspace System (NAS ). These operatio ns would be conducted under strict guide lines and control ensuring safe operations and will be conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

As described below
, the requested e xemption would authorize enrGies Inc. to perform commercial sUAS operations with in the NAS utilizing a variety of airframes, sensors and payloads that will provide the following benefits : 1. Commercial use of sUAS to perform aerial video and dat a gathering in support of federal, state and local government agencies as well as the following private commercial ventures: basic photography, precision ag riculture , pipeline / power line transmission/distribution towers, oil and gas facilities (on & off shore), manmade/natur al disaster damage assessment, support to first responders, security, construction, research, wildlife and wildfire monitoring, real estate , local infrastructure, railroad infrastructure, surveying
, scientific studies , insurance functions, training, mining and UAS research and development

. All of these activities are critical to the well

- being of the general public. 2. The use of sUAS will decrease congestion in the NAS along w ith reducing the noise / air pollution generated during traditional manned aircraft flight operations. 3. Operation of sUAS may substantially reduce the risk to life and property by p er forming missions that are currently being performed by manned aircraft that are considered dangerous ( i.e., transmis sion tower inspections or operating in extreme terrain or weather conditions )

.2

4

. sUAS when operated properly and und er the FAA guidelines will not pose a risk to National Security or generate new privacy issues.

enrGies Inc. is requesting the approval to fly eight different systems, both fixed-wing and multi-rotor. Our pilots are currently certified in both type systems and must maintain currency in accordance with our government certified flight procedures. A data sheet for each system is provided as well as all manuals and documents.

Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation ’s responsibilities under Section 333(c) of the FMRA to "establish requirements for the safe operation of such aircraft systems in the national airspace system." The following exhibits are submitted as amplifying information to provide substantiation of enrGies credentials and technical information regarding the sUAS pursuant to this request. 1

A

– enrGies In c. Fligh t Operation s Procedures; B

– Lockheed Martin I ndago Mult i-rotor C

– Lockheed Martin D esert Hawk III; D

– DJI Phantom 2 v ision + F

– PrecisionHawk Lancaster MK3 G

– Aerom ao Talon H

– Aeromao Aeromapper 300 I

– Aeromao Aeromapper EV-2 J – DJI Inspire The regulations from which the exemption is requested are:

14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a) & (b); 14 C.F.R. 61.133(a); 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2) & (c); 14 C.F.R. 91.103;

1 Petitioner submits Exhibits A- J , a s a Confidential documents under 14 CFR § 11.35(b), as the document s contain confidential commercial and proprietary information that the Petitioner has not and will not share with others. The Manuals contain operating conditions and procedures that are not available to the public and a re protected from release under the Freedom o f information Act 5 U.S.C. § 5 52 et.seq.3

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) enrGies Inc. point of contact name and address :
Philip Owen Director of UAS Operations (c) 256-759-0181 Email: philowen@enrgies.com

DESCRIPTION OF PETITIONER enrGies originated as an aviation engineering company supporting the U.S. Army
, therefore a n aviation perspective and its discipline forms the basis of our corporate culture. Our aviation culture including safety, standardized qualifications, and awareness of the responsibilities resulting from sharing the national airspace form the cornerstone of all operations and business activities

. Naturally
, this corporate culture formed the basis and mandate for all sUAS operations.

enrGies personnel have been providing UAS support to the Department of Defense, the Department of Energy, and Department of State for many years. In fac t, enrGies provided the initial training and subject matter expert support for the Department of Interior UAS program; including assisting the United States Geological Survey (USGS) stand up their sUAS program. This assistance included teaching the ir basic pilot

courses and providing pilots and operational support for their first 7 missions

. enrGies has provided basic and advanced flight training to the US Army and Special Operations forces for last four years, including Program of Instruction development. .

enrGies sUAS Pilots/Instructors have 1000’s of sUAS flight hours of operations and student instruction throughout the world, including: the US Mainland, Alaska, Hawaii, Mexico, Korea, Germany, Italy, Lebanon, Kuwait, Iraq and Afghanistan. All our current 7220 Governors West Rd Huntsville, AL 35806 www.enrgies.com4

Pilots/Instructors have military experience ( many are retired military). Several enrGies sUAS pilots also hold FAA Commercial certificates. This background gives enrGies a strong safety orientated focus.

enrGies is currently working with multiple major sUAS OEMs through teaming or partnership agreements and are conducting training on several of the systems listed for the US Military over restricted airspace. We are also assisting several universities to develop their sUAS programs.

Relevant Statutory Authority

This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. In the Reform Act, Congress directed the FAA "to safely accelerate the integration of civil un manned aircraft systems into the national airspace system" and, under Section 333 of that law, directed the Secretary of Transportation ("FAA Administrator") to consider whether certain unmanned aircraft systems may operate safely 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 shall determine, at a minimum: (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, and operational capability, proximity to airports and populated areas; and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and (2) whether a cert ificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code is required for the operation of unmanned aircraft systems identified under paragraph (1).

If the Secretary determines tha t such vehicles "may operate safely in the National Airspace System, the Secretary shall establish requirements for the safe operation of such aircraft in the National Airspace System". 2
In addition, the FAA Administrator has general authority to grant ex emptions from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from a requirement of regulations prescribed pursuant to section 44701(a)

- (b) and sections 44702

- 44716). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and; (2) would not

2 Section 333 place s the duty on the Administrator
, inter alia, to craft conditions for the safe operation of the UAS , if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval.5

adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). See 14 CFR § 11.81; FAA, Petition for Exemptions.

A. enrGies will utilize battery powered rotorcraft, multi-rotor and fixed wing aircraft, each weighing less than 55 lbs., including payload. Specific details regarding each ai r platform are included in Exhibits B - I, and a summary is shown with Exhibit A. These systems will operate
, under normal conditions
, at a speed of no more than 8 7 knots

. Operations will be performed by a qualified sUAS Pilot in Command (PIC), as outlined below, to insure that safety of the NAS and the public in general are paramount. Given the small size of the sUAS involved
, the pre-planned environment within which they will operate, and the level of qualification and training enrGies pilots provide, enrGies believes that these operations will provide greater than an “ equivalent level of safety”

. The operation of sUAS by knowledgeable and professional pilots will serve to enhance safety
, add to the public benefit, and reduce the environmental impact related to current methods of manned aircraft flight operations will "not create a hazard to users of the NAS or the public."

B. Flight Operating Procedures (FOP) (Exhibit A ), pr escribes the policies and procedures for enrGies proposed sUAS operations. To assist the FAA in its safety assessment of EnrGies proposed sUAS operations, a summary of operational limitations and conditions that ensure an equivalent or greater levels of operational safety are provided below.

Safety will be the first and foremost consideration in all aspects of enrGies sUAS program. All flight operations will comply with all OEM, FAA or enrGies safety bulletins.

1. The sUAS PIC will have, at a minimum, a third class medical certificate and hold the minimum FAA required certificate, or higher and comply with flight review requirements specified in 14 CFR § 61.5 6 or FAA recognized equivalent. 2. To become a sUAS PIC, th e pilot must be qualified on the sUAS, pass a written test, oral evaluation and formal flight examination for each system. The PIC will receive a formal evaluation and a minimum of one no-notice evaluation every 12 months

. 3. All pilot training and evaluations will be documented and kep t in the pilot s permanent flight record. All flights will be logged in the pilots log book and the aircraft log book. 4. The sUAS PIC is responsible for the safe operations of the system under6 their control. The PIC can on ly operate one system at a time, and PICs cannot change in the middle of the flight. 5. The PIC will ensure that all required documentation
, r egarding the sUAS and flight crew
, are o n
- site during UAS operations. 6. Flight planning requires flight completion with at least 1 0% battery power remaining as measured by the sUAS or appropriate timing

. 7. A briefing will be conducted in regard to the planned sUAS oper ations prior to flight at each new location

. All personnel who will be performing duties within the boundaries of the area of operation will attend. 8. All sUAS flights will have the minimum flight crew required (as directed in the pilot s manual) and a trained observer to ensure the sUAS remains in VLOS at all times. The observer must use human vision, unaided by any devise other than correct ive lenses. The PIC and observer must be able to communicate verbally at all times. Electronic devi c es may be used with the exception electronic messaging or texting. 9. Prior to each flight
, the PIC will conduct a complete pre

- flight IAW the Pilot s Manual and will not fly the aircraft i f any discrepanc y is f ound that could a ffect the safety of the flight. 10. The PIC will follow all published emergency procedures when encountered, with safety of the public being the primary focus. 11. The sUAS will be operated at or below 400’ AGL 12. The sUAS will not operate at a speed of greater than 87 knots. 13. The sUAS will not be operated night (official sunrise to official sunset) 14. Flights will be operated under visibility and cloud clearance requirements equivalent to Visual Flight Rules (VFR). sUAS operations are not authorized u nder Special VFR conditions. 15. Flights will be operated in Class G airspace whenever possible

. Flights are not authorized in Class A airspace. Flights within 5 nautical miles of an airport are not authorized unless a letter of agreement is obtain from the

a irport manager or permitted by appropriate COA

. 16. The sUAS will remain clear of and give way to any manned aircraft

. 17. Prior to a sUAS flight, an area of operation will be established. This area of operation will include a defined lateral a nd vertical area, where the sUAS will operate. Safety procedures will be established for persons, property and applicable airspace within the area of operation. 18. The sUAS shall operate from on

- site tak e off/landing locations adjacent to the PIC and/or Observer. 19. All operations shall be conducted over private or controlled

- access property with permission from the property owner/controller or authorized representative.8 EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY The applicant requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of sUAS’s: 14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1) Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21, 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 of the aircraft (less than 5 5 lbs.) and the limited operating area associated w ith its utilization
, it is unnecessary t o g o t hrough t he c ertificate of airworthiness proce ss under Pa rt 21 Subpa rt H to a chieve o r exceed cu rren t safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act 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 sUAS involved.

In t his case, a n a nalysis of t hese cri teria d emonstrates tha t the sU AS o perated w ithout

an a irworthiness certificate
, under the co nditions proposed herein, will b e at lea st as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The sUAS weighs less than 5 5 lbs. fully loaded. It will not carry
a pilot or passenger, will not carry flammable fuel, and will operate exclusively within an area pre-disclosed and in compliance with conditions set forth herein. Operations under this exemption will be tightly controlled and monitored by both the pilot, pursuant to the conditions set forth a bove
, and b y lo cal public safety req uirements. The FA A w ill have advance n otice of all o perations through t he filing o f NO TAMs. Receip t o f the p rior permission o f the la nd owner, the siz e of the aircraft
, the la ck of flammable fuel, a nd t he fa ct tha t the a ircraf t is carried t o the lo cation and not flown t here a ll establish t he equivalen t level o f safety

. The sUA S p rovides a t leas t an e quivalent, and mos t likely exceed s, level of s afety t o tha t of s uch operations being co nducted with co nventional aircraft t ha t wou ld be o rders- of -magnitude la rger and w ou ld be ca rrying p assengers, cargo , and flammable fuel. 14 CFR. § 45.23 & 91.9(c): Marking of the Aircraft Regulation 45.23 provides : (a) Each pilot of an aircraft must display on that aircraft marks consisting of the Roman capital letter “N” (denoting United States registration) followed by the9

registration number of the aircraft. Each suffix letter used in the marks displayed must also be a Roman capital letter. (b) 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 pilot must also display on that aircraft near 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. Regulation 91.9(c) provides : No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter. The sUAS has no entrance to the cabin, cockpit, or pilot station on which the markings can be placed. Given the size of the sUAS, two-inch lettering will be impossible. Official marking systems for sUAS have not yet been established for operations inside the NAS. The applicant is prepared to mark the sUAS with the name of the organization and location or origin and fulfill any other request by the FAA to this topic in accordance to § 45.29(f) where the pilot, observer, and others working with the sUAS will see the identification of the sUAS. The FAA has issued the following exemptions to this regulation; see Exemption Nos. 8738, 10167, 10167A and 10700. 14 CFR § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations

. Section 61.113(a) & (b ) limit private pilots to non-commercial operations. Unlike a conventional aircraft that carries a pilot, passengers, and cargo, the sUAS in this case is remotely controlled with no passengers or property of others on board. Section 61.133(a) requires an individual with a commercial pilot’s license to be pilot in command of an aircraft for compensation or hire. The applicant respectfully proposes that pilot requirements should take into account the characteristics of the particular sUAS. Most sUAS autopilot’s have a high degree of pre-programmed control and various built-in technical capabilities that strictly limit the potential for operation outside of the operating conditions set forth in the exemption application. Hands-on experience with the sUAS are a far more effective guarantee of flight safety than a commercial pilot certificate would be, until the FAA Pilot Certificate requirements catch up to the sUAS technology. The sUAS autopilots have an all-digital software platform with advanced features previously restricted to full size unmanned aircraft. Automated features and10

advanced fly-safe controls enable safe, reliable operation, as well as advanced networking capabilities and system extensibility.

 The system can autonomously fly a programmed flight path or fly in manual mode

 Flight time and battery minutes are displayed at all times. The system will return home and land automatically if user-configurable limits are reached.

 Flight safety is a priority, no matter the operating environment or project. sUAS offer superior safety over manned aircraft by removing the need for people to be onboard in potentially dangerous situations. With multiple built-in safety features, sUAS platforms lead manned operations with respect to safety.

 The sUAS automatically detects potential issues - with configurable automated response behavior such as a return-home-and-land routine

 The sUAS self-calibrate all of their sensors and perform required failsafe pre-flight tests prior to takeoff to check for errors

 The sUAS have the ability to set up visual no-fly zones or create a virtual fence so the sUAS can’t fly horizontally or vertically beyond the pre

planned flight area

 The sUAS have battery minutes and flight time displayed at all times. The system will return home and land automatically if user-configurable limits are reached

 The sUAS auto detect a lost GPS, warns the pilot and initiates an immediate landing.

 Low battery on the sUAS triggers a Non-Fatal Warning alarm to return home, land and replace the battery

 If sUAS detect a lost-link to the Ground Station the vehicle will perform its pre-defined Non-Fatal Condition Response.11

Given these safety features, the applicant proposes that pilots of sUAS with these features should not be required to hold a commercial or private pilot certification. Instead, pilots should be required to:

 Have successfully completed, at a minimum, FAA private pilot groundinstruction and passed the FAA Private Pilot written examination or FAArecognized equivalents including ICAO issued commercial, private license and ground school; pilots will therefore receive instruction in aeronautical navigation, meteorology, and aviation regulations prior to conducting commercial sUAS operations.

 Have completed a training program for operation of the sUAS.

 Have completed 10 hours (or 2 0 flights) of training on the sUAS and/or simulator before commencing co mmercial operations.

The applicant notes that the FAA has found that safety factors permitted operation of sUAS by pilots with these qualifications in the case of operations pursuant to public COAs where the mandatory operating conditions specified above are present. See Federal Aviation Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval, at 20-21 (July 30, 2013). The FAA has the statutory authority, granted at 49 U.S.C.§44701(f) to waive the pilot requirements for commercial operations. Given these conditions and restrictions, an equivalent level of safety will be provided by allowing operation of the sUAS without a private pilo t’s certificate or a commercial pilot’s certificate, under the conditions set forth herein. The risks associated with the operation of the sUAS (given its size, speed, operational capabilities, and lack of combustible fuel) are so diminished from the level of risk associated with private pilot operations or commercial operations contemplated by Part 61 with conventional aircraft (fixed wing or rotorcraft), that allowing operations of the sUAS as set forth above meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & (b) and does not rise to the level of requiring a commercial pilot to operate the aircraft under § 61.133(a). 14 CFR § 91.7(a): Civil aircraft airworthiness

. This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of sUAS without an airworthiness certificate, no standard will exist for airworthiness of the sUAS. Given the size of the sUAS and the previous COAs issued for similar sUAS, an12

equivalent level of safety will be achieved by ensuring compliance with the given sUAS OEM manuals and use of safety checklists prior to each flight. 14 CFR § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

. The regula tion 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 in the aircraft a current approved airplane or Rotorcraft Fl ight Manual, approved manual material, markings, and placards, or any combination thereof. Given the size of sUAS, they have no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there i s no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be achieved by keeping the flight manual at the ground control point where the pilot flying the sUAS will have immediate access to it. The FAA has issued to ot hers the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 14 CFR § 91.103: Preflight action This regulation requires each pilot in command to take certain actions b efore flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided by following a comprehensive preflight checklist. The P IC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. 14 CFR § 91.109(a) & 91.319(a)(1): Flight Instruction These regulations provide 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. The sUAS are remotely piloted aircraft and by design, do not have fully functional du al controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The flight plan is either manually controlled through point

- and

- click navigation or preprogrammed as way points into the auto pilot before or during flight and only in unusual circumstances will the pilot input control functions to alter the pre

- programmed flight. Given the size and speed of the sUAS, an equivalent level of safe training can still be performed without13

d ual controls because no pilot or passengers are aboard the sUAS, and all persons will be a safe distance away should the sUAS experience any difficulties during flight instruction. The FAA has approved exemptions for flight training without fully functiona l dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. 14 CFR § 91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft flying over areas other than congested areas to 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, v essel, vehicle, or structure. 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 given the size, weight, speed, and material with which sUAS are built. Also, no flight will be taken without the permission of the land owner or those who control the land. Because of the advance notice to the landowner, all affected individuals will be aware of the flights. Compared to aerial survey operations conducted with aircraft or rotorcraft weighing far more t han the weight of the systems requested for exemption
, and carrying flammable fuel, any risk associated with these operations will be far less than those currently allowed wit h conventional aircraft operating at or below 500 feet AGL. Indeed, the low

- altitude operations of the sUAS will maintain separation between these sUAS operations and the operations of conventional aircraft that must comply with Section 91.119. 14 CFR § 91 .121: Altimeter Settings Section 91.121 requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure.

Some sUAS have a barom etric pressure sensor, while others only use GPS for elevation or altitude. When a barometric pressure sensor is on the sUAS, it is typically “zeroed” at the point of take

- off; this is right next to the PIC and not at a departure airport. The altitude read ing will be relative to that point and not a known elevation. The equivalent level of safety will be achieved by the PIC confirmi ng the elevation or altitude of the launch site. The altitude of the sUAS will also be displayed via telemetry on the Ground St ation and will be constantly monitored by the PIC during the entire flight operation.14

14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions This regulation prohibits an individual from beginning “a flight in an airplane under VFR conditions un less (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 th at for at least 45 minutes.” The different sUAS batteries provide a variety of powered flight times. An exemption from § 14 CFR 91.151 is therefore required. The applicant believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151(a)). Operating the sUAS, without 30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was meant to preven t given the size and speed at which the sUAS operates. The fact that it carries no pilot, passenger, or cargo also enhances its safety. In the unlikely event that the sUAS should run out of fuel, it would simply land. Given its weight and construction mate rial, the risks are less than contemplated by the current regulation. The applicant believes that an equivalent level of safety can be achieved by maintaining 1 0% of reserve fuel (or battery ), which would be more than adequate to return the sUAS to its pla nned landing zone from anywhere in its operating area. The FAA has granted similar exemptions to others, including Exemptions 2689F, 5745, 10673 and 10808. 14 CFR § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration This regulation pr ovides as follows: (a)

... no person may operate a civil aircraft unless it has ... an appropriate and current airworthiness certificate. (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this sec tion 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 sUAS fully loaded weigh less than 5 5 lbs

. As such, there is no ability or place to carry certificatio n and registration documents or to display them on the sUAS. In addition, there is no pilot on board the aircraft. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will ha ve immediate access to them. The FAA has issued numerous exemptions to this regulation. A representative sample of15

other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 14 CFR § 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections Section 91.405(a) requires that an aircraft pilot or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter ...” Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate. Section 91.417(a) requires the owner or pilot to keep records showing certain maintenance 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. The sUAS under request are nearly maintenance free, they perform automatic pre-flight checks and the failure of any check will prevent take-off. Checks which cannot be done by the system will be performed by a qualified person prior to each flight and at predefined intervals as part of a maintenance schedule. Pre-flight checklist includes:

1. Visual inspection of the airframe

2. Visual inspections of rotor integrity

3. Check charge of all batteries (aerial vehicle, command station, radio repeater station) An equivalent level of safety will be achieved because the sUAS is small in size, will carry no external payload, will operate only in restricted predetermined areas and is not a complex mechanical devise. The pilot of a sUAS will ensure that it is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance that is performed. Moreover, the pilot is the person most familiar with the aircraft and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety. If mechanical issues arise, the UAS can land immediately due to the pre-determined area of operation. Moreover, the UAS's small size, carrying capacity, and the fact that flight operations will only take place in restricted areas for limited periods of time, create less risk than the same factors associated with conventional fixed-wing aircraft and rotorcraft performing the same operation.16 SUMMARY OF SECTION 333 EXEMPTION REQUEST As an aviation centric company with 10 years’ experience
, it is enrGies Inc.'s belief that the size, weight, speed, operating environment, system capabilities and extensive PIC training and experience provide greater than the equivalent level of safety when operating a sUAS and that it is in the public interest as outlined in Section 333 of the FMRA. It is requested that the FAA issue an exemption to permit safe, legal, commercial sUAS operation by enrGies Inc. as soon as possible. enrGies, hereby provides pursuant to Part 11, a summary of its exemption application to allow commercial operation of sUAS for aerial acquisition and research in support of government entities, agriculture industry, utility companies, local infrastructure, scientific studies, wildlife monitorin g, oil and gas industries, mining, surveying, forestry, and much more. All of which are critical to the well-being of the general public. An exemption is therefore requested from the following regulations:
14 C.F.R. Part 21; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a) & (b); 14 C.F.R. 61.133(a); 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).