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The Honorable Michael P. Huerta Offi ce of the Administrator Federal Aviation Administration 800 Ind ependence Avenue SW Washington, DC 20591 November 24 , 2015 Jeffrey John so n Land By Air· CEO
Land By A ir , LLC

2814 Sullivan Dr. Glens haw, PA 15116

Te l (41 2) 694-2348



### RE: Land By 

### Air sUAS Petition for Exemption Pursuant to FMRA Sec 333 

### and 14 

### CFR Part 11 Dear Administrator Hu erta: Land By Air , LLC hereby petitions the FAA for regulatory r eli ef pursuant to Section 333 of P.L. 112

- 95 and 14 C.F.R. Sec. 11.81 to co nduct commerc i al flights using the DJI Phantom 3 Professional and DJI Inspire 1 sU AS for the following app li cations :

• Aerial PhotogTaphy and Videography • Aerial Survey • Aerial Inspection • Aerial Mapp in g Land By Air, therefore , seeks a request for exemption from airworthiness a nd the foll owin g specific Title 14 C.F.R. provisions:

• 14 C.F.R. P art 21 • 14 C.F.R. 45 .2 3 • 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

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• 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 • 14 CFR 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) (b) The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in this petition, specifically Exemptions No. 12599 to Don ald Lee, 11843 to A laska Aerial Survey, LLC , and 11 842 to ProFly Drones; and we therefore request that our petition be granted without delay. Additional s imilar exempt i ons include (infrastructure inspection) No. 11799 , 11603 , 11376, 11277, 11278 , 11237, 11224, 11230, 11216, 11209, 11185 , and 11171, (videography) No . 11843, 11845, 11848, 11850, 11820, 11822 , 11825 , 11826, 11829, and 11833, and (aerial survey) No. 12803, 12792, 12790 , and 12696. Land By Air has also provided suppo rting documentat ion to include ; a General Op erations Manual (Land By Air Manual ') which is composed of (1) an operations manual, (2) flight manuals for each of the Land By Air models; (3) an Op erator Training Manual, and (4) a Maintenance and Inspection Manual. Please note that all the Land By Air Manual ( including all of the above listed components) are clearly marked "Confidential " on each page and contain confidential commercial and proprietary information that Land By Air has not and will not share with others who are not subj ect to a "Nondisclosure Agreement" (NDA). Therefore, the Land By Air Manual (including all components) are not available to the public and contain operating conditions , procedures and other information that are protected from public release or disclosure und er the Freedom of Information Act 5 USC Sec. 552 et seq. 

### 1 Company Description This sect ion responds to the specific requirements of 14 CFR Sec 11.81. Land By Air is a company that uses aerial drones for pictures and video , as well as aerial data collection for surveying, mapping, and GIS. Mailing address and other contact information. ATTN: J effrey Johnson Land B y Air, LLC 2814 Sullivan Dr.

Doc 1 0: 6e8ee0abd41 07de033e3265e779fc49e3be0abo ·3 Glenshaw , Pennsylvania 15116 Email: jeff @

landbyairphotography.com 

### 2 Relevant Statutory Authority This exemption app lication is express l y s ubmitted to fulfill Congress' goal in pas s ing Section 333(a) through (c) of the P.L. 112

- 95 , the FAA Modernization and Reform Act ('Reform Act')
. This law di rects the Secretary of Ttansportation t o consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section**~~32** of the Reform Act. In making this determination , the Secretary is required to determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of t he following:

• The UAS's s iz e, we i ght, speed, and operat i onal capab ili ty; • Op eration of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within visual line of sight of the operator. 1 Lastly , if t he Secretary de term in es that such veh icles "may op erate safely in the national airspace system, the S ec r eta ry shall establish requirements for the sa f e operation of such aircraft in the national airspace system.'' 2 The Federal Aviat ion Act expressly grants the FAA t h e authority to issue exempti ons. This statutory authority by i ts terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes sUASs, from the requirement that all civil aircraft must ha ve a current airworthiness certi ficate. 

### 3 Qualification for Approval Und e r S ec tion 333 of th e R e form Act The prop osed operations in th is petition for exemption qualify for expedited approval under Se ction 333 of the Reform Act. Each of th e statutory criteria and other potenti ally relevant factor s are satisfied. The requ este d exemption wou l d permit Land B y Air to perform commercial operations under controlled conditions in airspace that is 1) limi ted 2) predetermined 3) restricted, limited, or controlled as to access and 4) would provide safety enhancements to the a l ready safe operations in these industries presently using convent ional a ircraft. Approval of this exempt i on would thereby enhance sa fety and fulfill the Secreta ry of Trans portation 's (t he FAA Admini st rator 's) responsibili

ties to "establish requirements for the safe op erat ion of such aircraft systems in the nat ional airspace system." Section 333 (c) of the Refo rm Act. Each L and By Air sUAS weighs 55 lb
. or l ess including payload. Each Land By Air sUAS operates und er normal conditions at a speed of no more than 87 knots. Each Land By Air sUAS has the capability to operate in e ither Automatic ' or Manual' mod e as desc ribed in the Land B y Air Manual.
1 Pub l ic Law 112

- 95 , 'FAA Modernization and Reform Act' Section 333 (a) 2 Jd. §333(c).

Doc 10 : 6e8ee0abd41 07de033e3265e779fc49e3be0abo ·4 Generally Land By Air sUAS operations will b e below an altitude of 400 ft. AG L , \'Vi thin specific access-restricted areas, either within C lass G airspace or with the permission of the ATC , using sUAS operated by Land By Air-qualified sUAS pilots, and within the visual line of sight of the operator and observer. Such operations will insure that the sUAS will "not create a hazard to users of the National Airspace System or the public " as per the FMRA 2012 Section 333. Given the size of the sUAS and the operating environment , t his petition for exemption meets an equivalent level of safety, in wh ich Congress envis ion ed that the FAA must, by exemption a ll ow commercial operations of UASs to commence immediately
. Also due to the size and environment, approval of the application presents no national security issue
. Considering the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act , as amended , the equ iv al ent level of safety surrmmd ing the proposed operations , and the signifi cant public benefit described herein, the grant of the requested exemptions is also in the public interest . 

### 4 Land 

### By Air Description of Proposed Operations Land By Air operations will provide a level of safety that is equivalent to cwTent aviation standards
. Land By Air safety procedures , risk assessments , and flight operations standards are described in detail in th e accompanying Land B y Air Manual. In brief , the following procedures that ap ply during operations conducted und er this exemption requ est, estab li sh an equ iv a lent level of safety (ELOS ) as follows: 1. The sUAS will weigh l ess than 55 lb. 2. Flights will be operated within line of sight of a pilot and/ or observer. 3. Flights will occur during daylight hours. 4. Flights will occm during Vis ual F light Rules Meteorological Conditions (VMC)
. 5. Flights will generally be operated at an al t i tude of no more than 400 fe et AGL and within Class G airspace. Operations in contro lled B , C, or D airspace will b e conducted in coordination with the proper FSDO and ATC with prior permission. 6. Flights will be terminated at 25 % battery power reserve should that occur during the operation. 7. All Land By Air sUAS will be U.S. registered and di spl ay marks either in accordance with 14 C.F.R. Part 45, Subpart C or ap prov ed alternative markings. 8. Operations will be conducted in defined regions and over property authorized for this use by t . he landowner. All operations will remain within the geographic bmmdaries of the operating area. Most oper ations may b e conducted within the limitations of the blanket COA authorization provided with 333 grants as of 3/ 23 / 2015. 9. All required permissions and permits will be obtained from territorial , state , county or city jurisdictions , including lo cal law enforcement , fire , or other appropriate governmental agencies. 10. Th e operator will obtain the consent of all persons invo lved and ensure that only consenting persons will be allowed within 100 feet of the flight operation , and this radius may be reduced to 30 feet based upon an equivalent level of safety de termination.

Doc 10: 6e8ee0abd41 07de033e3265e779fc49e3be0abo·5 11. A briefing will be conducted in regard to the planned sUAS operations prior to each day's activities. It will be mandatory that a ll personnel who will be performing duties within the boundaries of the safety perimeter be present for t hi s briefing. 12. Minimum cr ew for each operation will consist of t h e sUAS Pilot, the Visual Observer, and/ or the Camera Operator. 13. Operations without a Visual Observer (sUAS Pilot only) may occasionally be conducted subject to additional and specific aircraft equ ipment, operator competency, and flight restrictions (maximum distance from the sUAS Pilot, maximum altitude, and maximum speed) as defined in the L and B y Air Operations Manual. 14. sUAS operations under this exemption will be conducted under the supervision of a designated pilot in command (PIC ) who has final responsibility for the operation and in accordance with 14 C.F.R. 91.3. All sUAS operators must have completed training on the normal, abnormal , and emergency procedures in the Land By Air Manual and demonstrated proficiency with the sUAS being operated. The PIC will meet at least the minimum FAA sUAS regulations for licensure. Land By Air requests that the alternative minimum PIC qualification proposed in Land By Air manual is approved by the FAA. Otherwise, Land By Air PICs must possess at least a sport pilot cert ifi cate and hold a valid U.S. driver ' s license. 15. sUAS Pilot will be Pilot in Command (P IC). If a pilot certificate holder other than the sUAS Pilot , who possess the necessary PIC qualifications, is also present (i
. e. the Visual Observer), that person can also be designated as the PIC. 16. Observer and pilot will at all times be ab le to maintain verbal communication, either directly or thTough electronic means. 17. Operators and eng in eers will maintain the sUAS system in a condition for safe operation according to the Land By Air Manual and associated manufacturer's maintenance manuals , including pre-flight and post-flight inspections. 18. The PIC and observers will maintain situational awareness and perceive, process , and perform risk management prior to and during each operation as described in the Land By Air Manual. The PIC will terminate the operation in accordance with the Land By Air Manual if hazards that cannot be acceptab l y mitigated are observed. 19. sUAS will safely stop operating and either return horne or auto-land at a safe location along the flight path if the control link is lost. 20. For each sUAS, the PIC will have the ability to force a controlled l anding at any time
. In addition to the above , Land B y Air has impl emented a Safety Management System. The Land By Air Safety Manager is responsible for condu cting safety aud its, i nvestigations, and inspections

Doc 10: 6e8ee0abd41 07de033e3265e779fc49e3be0abo·6 and is authorized to stop or prohibit any activity or operations which is considered unsafe. Full details are avai lab le in the Land By Air Manual. 

### 5 Regulations From Which Exemption is Requested 5.1 Part 61 , C e rtification: Pilot s, Flight Ins tructor s, and Ground In s tructor s Extent of Relief P art 61, all sections
. R e a s on for R e lief Because the UAS will not carry a pilot or passengers , the proposed operations can achieve the equivalent level of safety of current operations by requiring the P I C operating the aircraft to have at least a sport p ilot ' s license rather than a commerc ial p ilot ' s license to operate these sUAS
. Equiva l e nt Leve l of Saf e ty Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of operation is controlled and restricted , and all flights are planned and coordinated in advance as set forth in the Gene r al Operations Manual (GOM)
. The level of safety provided by the requirements included in the GOM exceeds that provided by a single individual holding a commercial pilot's certificate operating a conventional aircraft
. The risks associated with the operation of the sUAS are so diminished from the level of risk associated wi th commercial operations contemplated by Part 61 when drafted , that allowing operations of the sUAS as requested wi th a sport pi l ot cert ificate as the PIC exceeds the present leve l of sa f ety ach i eved by 14 C
. F . R. §61.113 (a) & (b)
. 

### 5.2 61.113 Privat e pilot privil e ge s and limitations: Pilot in command. Extent of Relief Relief from requ irement to possess a private or commercial pi lot's license for aerial work such as aerial survey and mapping
. R e a s on for R e lief §61.113 (a) stipulates that a ho l der of a private pilot certificate may not act as a pi lot in command of an a ircraft f or compensat i on or hire; (b) states that a private pilot may act as P IC if the flight is inci dental to business and does not carry passengers o r property. Furthermore , - 8900
. 227 "Unmanned Aircraft Systems (UAS) Operational Approval" paragraph 16(c)(2)(c) "Operat i ons without a pilot certificate" states that a operations which conform to said paragraph may be performed by a PIC that does not possess a private pi lots license but that has completed FAA private pilot ground instruction and passed the FAA Private Pilot wri tten test . In add i t ion , there is no means currently of obtaining a commercial rating for UAS
. Thus, we requi re rel ief in order to perform aerial work.

Doc 1 0: 6 e 8 ee0abd4 107de033e3265e779fc49e3be0abo ·7 Public B enefit As descri bed above, the public benefit includes exponentia l economic growth, enhanced safety, and improved precision agriculture capabilities. In general, commercial small UAS op erations provide aeri al servic es which are affo rd ab le to small bus inesses , something that would not be poss ible without UAS teclmol ogy. Equivalent L eve l of Safety Om operations fulfi ll all the requ ireme nts in N

- 890 0.227 16(c)(2)(c) for op erat ions without a priv ate pi lots license
.


### 5
. 3 91.7 Civil a ircraft airworthiness
. Extent of R e li ef 91. 7 , a ll provisions. Reason for Relief Should t h e exemption be granted allowin g commerc i al operation of t h e sUAS without a n airworthiness cert i ficate , no standard will ex ist for airworthiness o f the sUAS
. Equivalent Level of Safety Given the size and w eight of these aircraft and the requirements contained in the GOM , an equivalent level of sa f ety will be achieved by ins uring comp li a n ce with t he sUAS u ser manuals pri or to each flight
. 

### 5.4 91.119, Minimum safe altitudes: Gene ral. Extent of Relief Section 91.119 establishes safe alti t ud es f or operation of civi l aircraft
. 91.119(c) limits aircraft flying over areas other than congested areas to an altitude o f 5 00 f ee t above the s urf ace, ex cept over open water or sparsely popu lated a reas, a nd the a ircraft may not be oper ated closer than 500 feet to a ny pe rson, vessel, vehicle, or structure . Reas on for R e lief To provide for these operations , the sUAS are normally operated at or below 400 feet AGL. In addi t ion , clue to the nature of t h e proposed operations, the PIC and th e observer may at t imes be less than 500 feet away from structures during the operat ion . Equivalent L eve l of Safety Th e equivalent level of sa f ety will be ach ieved g i ven the s ize , we i ght , and speed o f t he UAS as well as t h e location where i t is oper ated. No fli g ht will be ta ken without t he required permiss io n of the prop er ty owner and local officia ls, and advanced not ice to participants and spectators . Because of

Doc 10: 6e8ee0abd41 07de033e3265e779fc49e3be0abo ·8 the advance notice all affected individuals will be aware of the planned flight. Compared to flight operat ions with a irc r aft or rotorcraft weighing far more than the max imum 55lbs
. desc ri bed above and the lack of flammable fuel, any risk associated with these operations is far less than those presently conducted with conventional aircraft operating at or below 500 AGL in other industries
. In addition, the low

- altitude operations of the sUAS will ensure separation between these sUAS oper at ions and the operations of conventional a irc r aft that must comply with Section 91.119.



### 5.5 91.121 Altimeter Setting s Ext e nt of Relief §91
. 121 Reas on for Relief As the sUAS may not have a barometric alt imeter, but instead a GPS altitude read out, an exemption may be needed
. Equivalent Level of Safety An equivalent level of safety will be achieved by the operator , pursuant to the GOM and the Safety Check list , confirming the a lt itude of the launch s i te shown on the GPS altitude indicato r before flight
.


### 5.6 91.151 , Fu e l r e qui re m e nt s for flight in VFR c onditions. Extent of Relief §91.151, all p rovisions
. R e a s on fo r R e li e f The provision requires fuel sufficient for one half hour flight beyond the destinat ion . These sUAS, including todays longest endurance platforms, are unable to meet this requirement because of limited max flight times
. Equi val ent Le ve l of S a fe t y An equ i valent level of safety can be ach i eved by limit ing fl i ghts for the sUAS according to the safety limitations described in the GOM. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhe re in i ts limited operating area .

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### 5. 7 91.405, 91.407, 91.409, 91.417 Inspection and Maintenance Programs Extent of Relief §§91.405, Maintenance required; 91.407, Operation after maintenance, preventive maintenance, rebuilding, or alteration; 91.409, Inspections; and 91.417, Maintenance records. Reason for Relief The part 91 provisions are not applicable to a sUAS of the described weight class. Furthermore , FAA certified mechanics for sUAS do not at this present time exist , so fu ll compliance is not possible. The sUAS flown are modular and as such entire components including eng ines and propellers are minor replacements rather than major repairs. Finally, continuous minor a lterati ons and payload reconfigurations of sUAS are designed and required for the operation of sUAS and do not negatively impact airworthiness. Equivalent Level of Safety Inspection and maintenance manuals are used to maintain the sUAS in airworthy condition
. Each sUAS is maintained according to the manufacturer standard or higher by technicians proficient in the building , repair , and maintenance of the sUAS. Inspection and Majntenance manuals utilized contain all aircraft-relevant items as described in (43 Appendix D (Scop e and D etail of Items). Finally, maintenance records are maintained in the Operations Database; either online on the Skyward Platform and are therefore immediately auditable by regulators on demand , or as otherwise determined by Land By Air. 6 

### Public Intere s t Land By Air believes that the enhanced safety achieved using a sUAS with the specifications described in this petition and supporting documents and by carryin g no passengers or crew , rather than a manned a ircr aft of sig nifi cantly greater proportions carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operat i ons enabled by this exemption are in the public interest. The outputs of safe , reliable , and regu latory compliant operations of sUAS provide economic bene fits historically unparalleled since the invention of flight, benefiting sta keholders at ever y l evel, both public and private
. Lawful, safe aerial robotics operations \vill create new high-tech employment that will stimulate city and state governments; improve industries , create new small and large businesses; infuse new interest in STEM for children; and increase the safety of citizens through enhanced first-responder capabi li ties
. 7 

### Privacy All flights will occur over private , limited , o r restricted-access areas with the property owner's prior consent and knowledge. O perat i ons will be conducted by train ed crew and all other individuals will

Doc 10 : 6e8ee0abd41 07de033e3265e779fc49e3be0abo ·10 either be a part of the operation or consent to be present at the time of operations. 

### 8 F e deral R eg ist e r Summary Purs u a nt to 14 C.F.R. Part 11 , the followin g summary is provided f or publ ication in the Federal Register, s hould i t be determined that publication is needed: Applicant seeks an e x emption from the following rules: 14 C.F.R. §21, s ub pa r t H ; 14 C.F.R 45.23(b);14 C.F.R. §§61.113( a) & (b), 61.133(a); 91.7 (a); 91.9 (b) (2); 91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate s U AS f o r commercial use. 

### 9 Conclusion La nd By Air seeks this exempt ion to condu ct commerci al o p erations usin g sUAS within restri ctedaccess areas in the NAS. Without th is exempt ion , sUAS innovation will be suppressed, the public economic benefits derived from increased sUAS development will be denied , and the Congressional directive to accelerate the integration of UAS into the NAS will be impeded. The sUAS physical and operat ional characteristics are comp li ant with those described in the FM RA and FAA's gu id ance for Sec 333 exe mption s . Land By Air respectfully requests that the FAA g r a nt it s petition for exemption from a irworthiness
. Please do not hesitate to contact Andrew McCollough, the Regulatory Services POC, via email at exemption@skyward .io if you have any questions or concerns . Very Respectfully Yours ,
J effrey Joh nson La nd B y Air CEO

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