PHDA TA 5241586_1 **PETITION FOR EXEMPTI ON FROM FEDERAL**  **A VIA**  **TION REGULA**

**TIONS (**  **“ FA** **RS ”**  **) AND REQUEST FOR**  **AP PROV**  **AL TO OPERA** 

**TE UN MANNED**  **AIRCRAFT SYSTEMS UND ER SECTION 333 OF**  **T H** **E F AA**  **REFORM ACT**  **AND P AR**  **T 11**  **OF T**  **HE F ARS** 

Submitted by : **Identified Te**  **chnologies Corporatio n**  Dated: **Mar ch**  **3 , 2015**  By Electronic Submission to: www.regulations.gov By Paper Submission to:

U.S . Department of T

ransportation Docket Operations We st building Ground Floor, Room W12 - 140 1200 New Jersey

Av enue, SE Wa shington, DC 20590 Filed b y: Justine M . Kasznica

Schnader Harrison Segal & Lewis LLP Fifth Av enue Place, Suite 2700 Pittsburgh, P

A 15222 (412) 577 - 51 14 jkasznica@schnader. com Barry S . Alexander Schnader Harrison Segal & Lewis LLP 140 Broadway

, 31st Floor New Yo rk, NY

10005 (212) 973 - 8099 balexander@schnader.com Counsel for Identified T

echnologies CorporationPHDA TA 5241586_1 **TA BLE OF** 

**CONTENTS** I. Summary

for Publication in Federal Register ................................ .......................... 1 II. Legal Basis for the Requested Exemption under Section 333 ................................ . 5 III. Id entity

and Contact Information of the Petitioner ................................ .................. 5 IV . The Identified S ys tem ................................ ................................ .............................. 6 V. The Proposed sUAS Operation ................................ ................................ ................ 8 VI . The Identified S ys tem and Equivalent Level of Safety ................................ ......... 12 VII. Privacy ................................ ................................ ................................ ................... 14 VII I. Public Interest and Safety ................................ ................................ ...................... 14 IX . Exemption s Requested Under Section 333 ................................ ............................ 15 X. Certificate of Authorization or Waiver ................................ ................................ ... 25 XI . Conclusion ................................ ................................ ................................ ............. 251 PHDA TA 5241586_1 **I. Summary for** 

**P ublication in Federal Register**  Id entified Te chnologies Cor poration ( “ Identified Te chnologies ” ) has developed a small unmanned aircraft system ( “ sUAS ” ) designed to support the civil engineering industry b y enabling ef

ficient , routine monitoring and producing high resolution and quality precision aerial surveys and imaging of project sites (the “ Identified System” ) . The data obtained through the Id entified System helps engineers and surveyors comply with laws and regulations by surveying and monitoring project sites in an efficient and safe manner. It is a low cost solution with low environmental impact that protects surveyors from the often hazardous conditions present at civil engineering project sites, while optimizing the quality and ef fectiveness of the data collected . Id entified Te chnologies hereb y petitions the Federal Aviation Administration ( “FAA ” ) for an exemption from various Federal Aviation Regulations ( “FARs ” ) and requests approval to operate the Identified Sy stem in the national airspace (the “Petition” ) pursuant to Section 333 of the FAA Modernizati on and Reform Act of 2012 (the “Act” ), 49 U.S.C.S 44701(f), and Title 14 of the Code of Federal Regulations (“CFR”), Part 1 1 ( 14 CFR Part 1 1 ) . In its Petition, Identified Te chnologies requests that an exemption be granted from the following regulations: 14 CFR Part 21 14 CFR 43.7 14 CFR 43.1 1 14 CFR 45.1 1 14 CFR 45.21 14 CFR 45.23(b) 14 CFR 45.27 14 CFR 45.29 14 CFR 61.1 13(a) and (b) 14 CFR 67 14 CFR 91.7(a) 14 CFR 91.9(b)(2) 14 CFR 91.9(c) 14 CFR 91.103(b) 14 CFR 91.109 14 CFR 91.1 19 14 CFR 91.121 14 CFR 91.151(a) 14 CFR 91.203(a) and (b) 14 CFR 91.405(a) 14 CFR 91.407(a)(1) 14 CFR 91.409(a)(2) 14 CFR 91.417(a) and (b) In its Petition , Identified Te chnologies also describes in detail (i) the Identified System, (ii) the team that will operate the Identified System and the members ’ respective roles and2 PHDA TA 5241586_1 qualifications, (iii) the proposed sUAS operations for which it seeks approval, and (iv) the various safety

p recautions that will be taken prior to and during the operations . Additional information concerning Identified Te chnologies System technical specifications is attached hereto as Exhibit A . **Confidential information**  concerning Identified Te chnologies operational procedures, which include the sign - in sheet, preflight procedure s, maintenance and operations manual, and operating checklist, is attached to this Petition as Exhibit B ( CONFIDENTIAL Supplement) , which Identified T echnologies requests not to be made public. Insupport of its exemption request, Identified Te chnologies submits that (i) the Identified System is safe, reliable and will satisfy the FAA

’ s airworthiness assessment, (ii) the Pilot in Command (PIC) and visual observer (VO) have the requisite knowledge and experience to ensure the safe operation of the Identifi ed System, (iii) Id entified Te chnologies has developed and complies with operation procedures and parameters that further ensure safe sUAS operations in the national airspace, and which remove the threat of harm to people and property , including other manned aircraft, and (iv) Identified Te chnologies ’ proposed operations, which include without limitation, the use of the Identified System to conduct aerial imaging, monitoring and surveying of secure project sites for the benefit of the civil engineering indu stry , will be safer than that which would be achieved by f lying a larger manned aircraft carrying crew and flammable fuel for the same purpose . In addition, permitting use of the Id entified System will achieve various economic and environmental benefits, a s well as significant ef ficiencies associated with cost, labor and safety , that serve the public interest . A. The Identified S ys tem The Identified System is a sUAS that consists of (1) a PixHawk advanced autopilot system designed by

the PX4 open -hardware project manufactured by 3 D Robotics, (2) a lightweight carbon fiber quadrotor frame based on the Boomerang , and (3) various of f - the - shelf rotors and other components that are integrated with the frame and autopilot system . The Id entified System is designed to carry an on -board 12MP

c amera manufactured by G oPro that allows it to conduct precision aerial surveys and collect detailed imagery of project sites . The Id entified System is a lightweight, battery-powered quadrotorcraft that, inclusive of the battery and camera, weighs less than 5 pounds and has a width of less than 16 inches and a frame height of less than 6 inches. B. The Proposed sUAS Operations Id entified Te chnologies will conduct its sUAS operations in compliance with the FAA Notice 8900.227 Secti ons 12, 13, 14 and 16, issued on July 30, 2013. The Identified System will be operated at project sites by a Pilot in Command (PIC), who will be assisted by

a ground-based Vi sual Observer (VO) at all times during the operation . The VO will be standing ne xt to the PIC, will have a clear visual line of sight to the Identified System, and will be able to communicate verbally with the PIC at all times throughout the Id entified System ’ s operation . The P IC and VO will have significant experience operating a variety of radio controlled model aircraft and have flown the Identified System in an indoor setting .3 PHDA TA 5241586_1 Additional Identified System operational restrictions that ensure safe flight include: 1. The Identified System will not be flown at night and will be operated under visual meteorological conditions (VMC) or where visibility i s at least 3 statute miles from PIC. 2. Flights will be operated at an altitude of no more than 400 feet AGL , with the majority of flights anticipated to be operate d at no more than 270 fe et AGL. 3. The Identified S ys tem will not be flown at an airspeed exceeding 40 knots. 4. The Identified System will weigh less than 5 lbs . 5. Maximum total flight time for each operational flight will be 12 minutes . Flights will be terminated at 20% battery p ower reserve should that occur prior to the 12 minute limit. 6. A briefing will be conducted in regard to the planned sUAS operations prior to each day ’ s activities . Itwill be mandatory that all personnel who will be performing duties in connection with the operations be present for this briefing. 7. The operator will file any necessary

paperwork in light of the exemptions with the appropriate Flight Standards District Of fice ( “ FSDO ” ) . 8. The Id entified System will have redundancies and an independent flight termination system (FTS) that can be activated manually by the PI C to ensure the overall safety

and predictability

of the Identified System. 9. In the event of a loss of communications or signal, the Identified Sy stem is programmed to return to its home base. 10. The sUAS will have the capability to abort a flight in case of unexpected obstacles or emergencies . 11. If the multirotor and its controller disconnects during flight, the system ’ s failsafe protection will come to the rescue and the multirotor will return to home and land automatically

, rather than flying of

f uncontrollably

or landing at an unknown location . 12. If the multirotor crosses a geo - fence guarding the 500ft perimeter from the public, it will return to home and land automatically . 13. The Identified System will only be flown (i) in rural areas, away f rom any urban or congested locations, (ii) on secured private property with restricted public access, (iii) in areas located more than 5 miles away f rom any airport, (iv) in Class G Airspace, and (v) in such locations where the property owner has approved the contemplated sUAS operations. 14. The PIC, VO, and any additional crew members will comply with any additional safety regulations and protocols as may be required by each project site . 15. Id entified Te chnologies will communicate information about specific operations with Air Traf

fic Control (A

TC) nearest to the project site.4 PHDA TA 5241586_1 16. Id entified Te chnologies will submit a precise description of proposed Identified System operations (Plan of Activities) to the local Flight Services Di strict Of fice (FSDO) within 3 days prior to the System operations . 17. Id entified Te chnologies will obtain an Air Traf fic Organization (A

TO) Certificate of Authorization or Waiver (COA) prior to any Identified System operations and will request a Notice to Airmen (NOT AM) at least 48 hours before operating the Id entified System. 18. Written and/or oral permission from the relevant property holders will be obtained . 19. All required permissions and permits will be obtained from territorial, state, county o r city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies . C. Relevant Previously- Granted Exemptions Id entified Te chnologies bases its Petition , in part , on several relevant Section 333 Petitions that were granted by the F AA in 2014 and earl y 2015 and makes references to these exemptions throughout . These exemptions include the following: 1. Exemption No . 111 09 (the “ Clayco Exemption” ) for sUAS operations used to conduct aerial imaging to monitor and ensure the safety of construction sites . 2. Exemption No . 1111 4 (the “Wo olpert Exemption” ) for sUAS operations used to conduct precision aerial surveys over Ship Island, Mississippi . 3. Exemption No . 11 062 (the “Astraeus Exemption” ) for sUAS operations used for closed set filming for the motion picture industry . 4. Exemption No . 111 36 (the “Advanced A viation Solutions Ex emption” ) for sUAS operations used to conduct aerial surveys to support the agriculture industry. 5. Exemption No . 111 38 (the “ Tr udeau Exemption” ) for sUAS operations used to conduct real estate and aerial images of Tucson, AZ to use for marketing purposes. The FAA granted the se exemptions with conditions , having found that the petitioners presented an adequate showing of airworthiness and safety in their described sUAS operation to serve the public interest . Id entified T echnology ’ s proposed operation does not dif fer significantly from the situations presented in the Clayco, Wo olpert and Advanced Aviation Solutions Exemptions . Inf

act, the proposed Id entified System operations es tablish at least an equivalent level of safety to the sUAS operations described in the Clayco, W oolpert and Advanced Aviation Solutions Ex emptions, and are for purposes that will benefit the public in very s imilar ways . Given that Id entified Te chnologies plans to operate over similar operating environments, and for similar purposes , and with the airmanship skills necessary to operate the Identified System , the FAA should grant Identified Te chnologies ’ Petition .5 PHDA TA 5241586_1 D. On February

1 5, 2015, the FAA issued proposed rules for operation and certification of sUAS, which the Id entified System would qualify under. (Docket No.: FAA 2015 - 0150; Notice No. 15 - 01 concerning 14 CFR Parts 21, 43, 45, 47, 61, 91, 101, 107, and 183). While these rules are open for public comment, have yet to be implemented and therefore do not have the force of law, they are a strong indication of the FAA’ s inclination to allow sUAS operations such as those proposed by Identified Te chnologies. Identified Te chnologies continues to pay close attention to these rules and their development and ultimate implementation. E . Conclusion For all the above reasons, Id entified Te chnologies asks that the FAA grant its request for exemption from certain FARs, and approve its operation of the Identified System in the national airspace in accordance with the limitations and restrictions set forth herein. **II. Legal Basis for** 

**the Requested Exemption under Section 333**  In 2012, Congress passed the F AA Modernization and Reform Act, mandating the F AA to integrate unmanned aircraft systems (UAS) into the national airspace system (NAS) . Section 332 of the Act authorizes the FAA to develop regulations for the civil operation of UAS weighing less than 55 pounds . While the final UAS regulations have not yet b een issued by the FAA, Congress, in Section 333 of the Act, directed the FAA to allow the operation of civil sUAS even before such final regulations are completed, to the extent that the sUAS operations do not create a hazard to the national airspace system or the public, or pose a threat to national security . 2012 Act, §§ 333(a), (b)(1) . The FAA has authority pursuant to 49 U.S.C.S 44701(f) to grant an exemption from a regulation s developed for manned aircraft operations (F ARs and other requirements) to the extent the FAA finds that the exemption is “ in the public interest. ” A sUAS operation that is in the public interest has been de scribed as an operation that “ falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS to commence immediately . ” See Clayco Exemption , p . 8 . Section 333 of the Act mandates the Secretary o f Transportation to make a case -by- case determination of safety

c oncerning proposed sUAS operations, by c onsidering 6 factors . The six factors are (1) size, (2) weight, (3) speed, (4) operational capability , (5) proximity

to airports and populated areas, and (6) operation within visual line of sight (VLOS) . 2012 Act, §§ 333(c) . Once safe operation of the sUAS is established, the Secretary must then set forth requirements to facilitate the operation of the sUAS . **III. Identity and Contact Information of the Petitioner**  The petitioner is Identified T echnologies Corporation, a Pennsylvania corporation with its principal place of business at:6 PHDA TA 5241586_1 Id entified T

echnologies Corporation 6024 Broad Street, 2R Pittsburgh, P

A 15206 Te l: 908 - 204 - 1342 Email: rzhang@identifiedtech.com Principal Contact: Richard Zhang, CEO Al l questions concerning this Petition may b e directed to Justine M . Kasznica, counsel for Identified T

echnologies Corporation, at: Justine M . Kasznica Schnader Harrison Segal & Lewis, LLP Fifth Av enue Place, Suite 2700 120 Fifth Av enue Pittsburgh, P

A 15222 (412) 577 - 51 14 jkasznica@schnader.com Barry S . Alexander Schnader Harrison Segal & Lewis LLP 140 Broadway

, 31st Floor New Yo rk, NY

10005 (212) 973 - 8099 balexander@schnader.com **IV .**  **The Identified System** The sUAS for which Identified Te chnologies seeks approval is a small, unmanned quadrotor aircraft based on the Boomerang , weighing less than fifteen ( 5) pounds (inclusive of batteries and technical payload) . This rotorcraft will operate at a speed of ten (10) knots, and in no event can will it exceed forty (40) knots . The rotorcraft has the capability to hover and move in the vertical and horizontal planes simultaneously . The technical specifications of the Identified S ys tem are as follows: 1. Airframe: Boomerang Carbon Fiber Frame 2. Control System: 3DR PixHawk (3D Robotics) 3. Tx 1 : Turnigy

TGY 9X 4. Rx2 : Turnigy

9X 5. Motors: T

- Motor MN3508 1 “Tx” represents radio transmitter for command and control. 2 “Rx” represents radio receiver for command and control.7 PHDA TA 5241586_1 6. Propellers: Tiger RC 15 ” Carbon Fiber 7. Data Link: 3DR 915 MHz Radio, and 2.4 GHz 802.1 1 8. Camera: GoPro Hero 3+ 9. Batteries: T

urnigy 5000 mAh Li - Po 10. Empty

W eight: <5lbs 11. Minimum Takeof

f W eight: <5lbs 12. Maximum Takeof f W eight: <5 lbs 13. Flight Time: 12 minutes 14. Programmed Range: >1mile 15. Maximum Wind Speed for Flight: 25 knots 16. Maximum Speed: 40 knots 17. Programmed S peed: 10 knots The Identified System is manually c ontrollable at all times, and while it has preprogrammed autopilot capability , it is not completely

a utonomous and the PIC can override it at any time using manual controls . A PI C controls vertical and lateral movement by varying rotor RPM among the four rotors, independently f or lateral movement and collectively f or vertical movement. The Identified System contains a PixHawk advanced autopilot system manufactured by 3D Robotics known for its reliability and safety features . The PixHawk allows for scripting of missions and flight behaviors, and contains precise altitude and speed controls , and an on -board airspeed sensor. Additional safety f eatures of the PixHawk include (1) an external safety switch for motor deactivation , (2) an integrated backup system for in- flight recovery and manual override with dedicated processor and stand- alone power suppl y, ( 3) a backup system providing consistent autopilot and manual override modes , (4) redundant power supply inputs and automatic failover, (5) a multicolor LED visual indicator and high -power audio indicator, and (6) a microSD card for high - rate, continuous logging . The Identified System tracks its battery l ife in real - time and is programmed to return to its l aunch location automatically in the event its battery l ife reaches 20% . The frame and propellers of the Identified System are made of high - quality , light -weight carbon fiber. The Id entified System uses a 3DR 915 MHz Radio, and 2.4 GHz 802.1 1 communication s link, which does not require any additional Federal Communications Commission (FCC) approvals beyond what is already approved for use commercially . Finally , an off - shelf GoPro Hero 3+ camera is mounted to the Identified S ystem airframe . The camera features include high - definition video recording with resolutions of 1080p60, 960p60 and 720p120 fps, a wide - angle gl ass lens and 10.0MP s till image resolution, allowing it to take highl y precise video and photographs . Further technical information about the GoPro Hero 3+, Ti ger propellers, Boomerang Frame, and the PixHawk control system can be found in the “ Identified System: Te chnical Specifications ” , attached hereto as Exhibit A.8 PHDA TA 5241586_1 **V. The Pr** **oposed sUAS Operation** The Identified System will be used to (i) conduct routine monitoring and (ii) produc e high resolution and quality precision aerial surveys and imaging of project sites for the civil engineering industry

. Iti s a low cost solution with low - environmental impact that protects surveyors from the often hazardous conditions present at civil engineering project sites, while optimizing the quality

and ef fectiveness of the data collected . A. Selection of Appropriate Project Sites Identified Te chnologies wishes to operate the Id entified System for the purpose of conducting aerial surveys and imaging of project sites for the civil engineering industry . Ty pical project sites may

include: (1) commercial and residential construction sites, (2) oil and gas and alternative energy sites, (3) public utility sites, (4) mining sites, (5) quarries, (6) excavation sites, and (7) and other infrastructure development sites . Identified Te chnologies will select appropriate projects sites based on safety considerations and any restrictions imposed by the F AA that are related to sUAS operations ( “Appropriate Project Sites ” or “APS ” ) . As such, Appropriate Project Sites are limited to those project sites that have the following operating environment: 1. ASPs will be located in rural areas, away from any urban or congested locations. 2. A SPs will be located on secured private property with restricted public access . 3. ASPs will be located more than 5 miles away from any airport. 4. ASPs will be located in Class G Airspace. 5. ASPs will be such locations where the property owner has approved the contemplated sUAS operations. Id entified Te chnologies will not operate the Id entified System at project sites that are not determined to be Appropriate Project Sites. Pending the grant of this Petition by the FAA, Identified Te chnologies , together with its prospective customer, Pittsburgh -based Civil & Environmental Consultants, In c. , have identified three Appropriate Project Sites for the purpose of testing the Identified System , training its PI Cs and VOs to operate the Id entified System, and conducting Identified Te chnologies ’ first commercial sUAS operations . These Appropriate Project Sites include: 1. ASP

No.1 Id entified Te chnologies seeks to operate the Identifie d System at a private gas plant in W

est Virginia. The surrounding area ’ s primary land use is timber farming, pasture land and farming . The plant is located in a rural area in class G airspace and more than 20 miles from the closest airport . The property will be fenced of f and secured, which will restrict public access. 2. ASP

No. 2 Id entified Te chno logies seeks to operate the Identified System at a private gas plant in We st Virginia . The nearest population center is located approximately 1 09 PHDA TA 5241586_1 miles from the plant . The plant is located in a rural area in class G airspace and more than 5 miles from the c losest airport , Glendale Airport . The property will be fenced of f and secured, which will restrict public access. 3. ASP

No. 3 Id entified Te chnologies seeks to operate the Identified System at a private gas plant in Pennsylvania . The surrounding area ’ s primary l and use is timber farming, pasture land and farming . The plant is located in a rural and unpopulated location in class G airspace and more than 40 miles from the closest airport . The property will be fenced of

f and secured, which will restrict public access. If its Section 333 exemption request is granted, Identified T echnologies intends to expand its sUAS operations to other similar Appropriate Project Sites within the United States . B. The Identified S ys tem Operator Qualifications The Identified System will be operated at Appropriate Project Sites by a P ilot in Command (PIC), who will be assisted by aground-based Vi sual Observer (VO) at all times during the operation . The VO will be standing next to the PIC, will have a clear visual line of sight to the Identified System, and will be able to communicate verball y with the PIC at all times throughout the Identified System ’ s operation . The two PICs currently c ontemplated by Identified Te chnologies ’ are engineers with significant experience operating the Identified System in an indoor setting . Moreover, collectively , they have on order of 1 , 000 hours of radio controlled (RC) flying experience, operating RC aircraft and multicopters for hobb y and recreational purposes . As of now, the Id entified Te chnology PIC s do not have a private pilot license or third class medical certificate, and Identified Te chnologies petitions the FAA for an exemption from the requirements of Section 61.1 13 (a) and (b) of Title 14 , Code of the Federal Regulations (14 C.F.R.) for the reasons set forth in Section 8.I , below. I f required by

the FAA, however, the PIC will obtain a private pilot certificate and third class medical certificate . C. Training If this Petition is granted by the FAA, the PIC and VO intend to test fly the Identified System outdoors, at the Appropriate Project Sites described above, or in locations bearing the same characteristics . Identified Te chnologies will adopt the FAA’ s finding s regarding sufficient training protocol for its PICs , whatever they may b e, prior to conducting any commercial operations of the Identified System , and proposes the following in this regard (taken from the training requirements outlined by the FAA in the Tr

udeau Exemption , at pages 14 - 15, basing its anal ys is on the Astraeus Exempti on) : The PIC must have accumulated and log ged at least 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a multi -rotor UAS . The PIC must also have accumulated and logged a minimum of 5 hours as a UAS p ilot operating the same make and model of UAS to be used for operations under the exemption.10 PHDA TA 5241586_1 For clarification, these minimum hour requirements will be inclusive rather than additive; that is, 5 hours using the same s ys tem contemplated for operations may b e included in the 10 hours of multirotor time and the 10 hours may b e included in the total 25 hours of UAS rotorcraft time . In addition to the hour requirements, the PIC must accomplish 3 take - offs and landings in the preceding 90 days (for currency purpo ses) . . This will ensure the PI Cs to get suf ficient flight experience to begin using the Identified System outdoors for the specified purposes outlined in this Petition . D. Id entified System Flight Operations The purpose of every

Identified System flight will be to safely , accurately

, and efficientl y create survey maps and imaging of a project site . The Identified System will collect photogrammetric pictures, survey

e quipment to set ground control points, and use specialized photogrammetry software to proc ess the data . The survey output will be 3D surface models and high resolution aerial photographs . Every sUAS flight will use at minimum a two man flight crew, including the PIC and VO. The standard pre - flight and operational procedure is as follows: 1. M eet at the security gate and complete pre - flight security , as appropriate for each site . 2. Set up a “no - entry” perimeter around the jobsite forbidding entrance by nonauthorized personnel. 3. Drive around the project site to ensure it is clear of non- authorize d personnel. 4. Drive to the area to be surveyed. 5. Ensure that all necessary equipment, including the Flight Lo g, operating manuals and checklists, are readily accessible . 6. The Pilot in Command begins to ready sUAS for flight . a. Set up the hand held weather station on tripod . b. Check over the airframe, connections, and propellers for any damage during transport in vehicle . c . Calibrate the camera . d . Turn on and ready the Ground Control Station (GCS) . e. Connect communication antennae to the GCS . f. Open Ground Station software and pull up the pre -planned photogrammetry

flight path . g . Remove the main flight Tx from its case , power it up, and verify voltage and settings . h . Remove the battery for flight, measure current voltage, and log findings in the battery

manual .11 PHDA TA 5241586_1 i . Strap the batteries securely onto Identified System ; do not attach the main power. j . Move the Id entified System to take of f point, approximately

3 0 feet from crew. k . Attach the main power. l . Listen to the power up sequence of beeps from the ESC and motors . m . Using the Flight Tx , cycle through different control modes, and observe on -board LED lights for good connection and response . n . Set up traffic cones around the sUAS with a 20 - foot (approximate ) radius . This is the “home ” area; operators are not allowed inside this area while the electrical motor is running . o . Walk back to the vehicle with the Tx . p . Using the Flight Tx, activate engine power without moving the throttle up . This checks that the automatic throttle kill is working and also records the “home ” point . q . Using the laptop Ground Station, select the button connecting the laptop to the sUAS . r. The sUAS should appear on the screen, along with a recorded home point, battery voltage, current altitude relative to the ground, and current velocity . s . Upload the flight path data to the sUAS . t . Set a geo - fence around the jobsite so that when crossed the sUAS returns to Home . The Geo - fence will ensure that the sUAS never comes within the 500 ft limit from the public. u . Verify

good upload and connection . v. Verify

weather from the portable weather station . w. Record the time and weather in Flight Log . x . The sUAS is now fully prepared and ready to go. 7. While the PIC is readying the aircraft, the VO, or secondary crew member, is preparing the Ground Control Points (GPC ’ s) and walking the site . a . Power up and calibrate the survey grade GPS equipment . b . Begin setting the GCPs and shooting the center of targets with survey GPS . c . While s etting out the GCP ’ s , the secondary c rew member is also making sure area is clear of all people .12 PHDA TA 5241586_1 8. Ty pically , the secondary

crew member and the PIC finish at about the same time . Upon his return, the secondary crew member sets the survey GPS to the side and sits next to the laptop and camera Tx. 9. The PIC double checks that the take - of f area is clear. 10. The PIC takes of

f flying to the approximate survey altitude . 11. The PIC instructs secondary crew member to initiate the preprogrammed flight path . 12. The s econdary

c rew verifies that the Ground Station has a good connection and is tracking the sUAS . 13. The s econdary

c rew then turns on the camera to take pictures at a continuous interval . 14. During the entire preprogrammed flight, the PIC and VO always have visual line of sight (VLOS) and the PIC is prepared to take over flight operations as needed to ensure safe operations . 15. The PIC ’ s Tx has a flight count- down timer which is set to a minimum of 20% battery reserve (Calculated based on prior field experience to safel y return the sUAS to safe landing with ample margin of error) . The timer begins from the point the throttle is moved out of its start position . 16. During flight, a secondary crew member vigilantly monitors the Ground Station data (voltage, forward velocity , altitude, and estimated remaining time to complete the mission) and relays any sudden changes or alerts to the PIC . 17. As the mission completes, the PIC informs the secondary crew he is taking back over control . 18. The s econdary

crew turns of

f the camera . 19. The PIC b egins to land the sUAS . 20. After safel y landing, the PIC immediately goes and unplugs the main power. He then checks the pictures to verify i f the pictures are good and the mission was successful . 21. If successful , the secondary crew leaves to go pick up GCPs . 22. The PIC checks battery voltage and records in battery log . 23. The PIC records flight time in Flight Log . 24. The PIC turns of

f both Tx, secondary GPS, and camera . 25. The PIC looks over airframe to see if any damage or loose connections resulted from the flight, and records any findings . 26. The PIC begins to pack all equipment up for safe transport . **VI. The Identified System and Equivalent Level of Safety**  Id entified Te chnologies proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate within the limitations listed herein . These13 PHDA TA 5241586_1 limitations provide for at least an equivalent or higher level of safety to operations under the current regulatory

structure . The limitations and conditions to which Identified Te chnologies agrees to be bound when conducting commercial operations under an F AA issued exemption include: 1. The Identified System will not be flown at night and will be operated under visual meteorological conditions (VMC) or where visibility i s at lea st 3 statute miles from PIC. 2. Flights will be operated at an altitude of no more than 400 feet AGL , with the majority of flights anticipated to be operated at no more than 270 feet AGL. 3. The Identified S ys tem will not be flown at an airspeed exceeding 40 knots. 4. The Identified System will weigh less than 5 lbs . 5. Maximum total flight time for each operational flight will be 12 minutes . Flights will be terminated at 20% battery p ower reserve should that occur prior to the 12 minute limit. 6. A briefing will be conducted in regard to the planned sUAS operations prior to each day ’ s activities . Itwill be mandatory that all personnel who will be performing duties in connection with the operations be present for this briefing. 7. The operator will file any necessary

paper work in light of the exemptions with the appropriate Flight Standards District Of fice ( “ FSDO ” ) . 8. The Id entified System will have redundancies and an independent flight termination system (FTS) that can be activated manually by the PI C to ensure the overall safety

and predictability

of the Identified System. 9. In the event of a loss of communications or signal, the Identified Sy stem is programmed to return to its home base. 10. The sUAS will have the capability to abort a flight in case of unexpected obstacles or emergencies . 11. If the multirotor and its controller disconnects during flight, the system ’ s failsafe protection will come to the rescue and the multirotor will return to home and land automatically

, rather than flying of

f uncontrollably

or landing at an unknown location . 12. If the multirotor crosses a geo - fence guarding the 500ft perimeter from the public, it will return to home and land automatically . 13. The Identified System will only b e flown (i) in rural areas, away f rom any urban or congested locations, (ii) on secured private property with restricted public access, (iii) in areas located more than 5 miles away f rom any airport, (iv) in Class G Airspace, and (v) in such locations where the property owner has approved the contemplated sUAS operations. 14. The PIC, VO, and any additional crew members will comply with any additional safety regulations and protocols as may be required by each project site.14 PHDA TA 5241586_1 15. Id entified Te chnologies will communicate information about specific operations with Air Traf

fic Control (A

TC) ne arest to the project site. 16. Id entified Te chnologies will submit a precise description of proposed Identified System operations (Plan of Activities) to the local Flight Services District Of fice (FSDO) within 3 days prior to the System operations. 17. Id entified Te chnologies will obtain an Air Traf fic Organization (A

TO) Certificate of Authorization or Waiver (COA) prior to any Identified System operations and will request a Notice to Airmen (NOT AM) at least 48 hours before operating the Id entified System. 18. Written and/or oral permission from the relevant property holders will be obtained. 19. All required permissions and permits will be obtained from territorial, state, county o r city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

—size, weight, speed, operating capabilities, proximity t o airports and populated areas , and operation within visual line of sight and national security

— provide more than adequate justification for the grant of the requested exemption allowing commercial operation of the Id entified System to support the civil engineering industry pursuant to Id entified Te chnology ’ s rules of operation described herein . Additional information concerning Identified operational procedures , which include the sign - in sheet, preflight procedures, maintenance and operations manual , and operating checklist, are attached to this Petition as Exhibit B ( CONFIDENTIAL S upplement) , which Id enti fied Te chnologies requests not to be made public. **VII. Privacy**  There is little risk that the proposed use of the Identified System will result in any privacy violations because all flights will occur over private or controlled access property with the property owner ’ s prior consent and knowledge . In addition, the anticipated project site locations will be in rural or unpopulated areas, and there is little chance that there will be inhabited houses in the visual area or other people who have not consented to being filmed or otherwise agreed to be in the area where filming will take place . No attempt will be made to identify any individuals filmed during the flights except in cases where they are trespassing upon or damaging customer property , or interfering with the applicant ’ s or its customers ’ operations . **VIII. Public Inter** **est and Safety** The civil engineering industry routinel y utilizes workers on the ground to monitor, take photos, and conduct surveys of project sites . Project sites in the oil and ga s, mining, excavation, and construction industries are known to be unsafe . Hazards at these sites include (1) exposure to dangerous chemicals, (2) unsafe ground conditions due to uneven terrain, debris, construction materials, and heavy equipment that lead to on - site injuries, (3) extreme temperatures which can lead to related illness and injury .15 PHDA TA 5241586_1 Use of the Identified System will increase ground safety by e liminating ground surveying and the hazards associated therewith . By f lying the Identified System over the project sites, rather than putting workers on the ground, the hazards stemming from these conditions will be removed . The use of the Id entified System for these purposes will achieve significant economic efficiencies as well . The Identified System can complete each surveying task in under fifteen minutes, a drastic reduction in the amount of time as compared to surveyors who conduct ground surveys, who may

otherwise spend three or more hours at a time in these conditions . Finally , inspections and monitoring of project sites by the Identified System will help project site owners identify dangerous conditions, including possible fires which have the potential to spread as wildfires, and may p revent serious injury

to employees and other on- site and near- site personnel. For all these reasons, the sUAS operations contemplated by Identified Te chnologies achieve a level of safety equal to or greater than that which would be achieved by f lying a much larger manned aircraft carrying crew and flammable fue l for the same purposes . **IX. Exemptions Requested under**  **Section 333** Id entified Te chnologies requests that an exemption be granted from the following regulations: **A. 14 CFR Part 21**  **B. 14 CFR 43.7**  **C. 14 CFR 43.1**  **1 D.**  **14 CFR 45.1 1**  **E. 14 CFR 45.21**  **F. 14 CFR 45.23(b)**  **G. 14 CFR 45**  **.27 H.**  **14 CFR 45.29 I.**  **14 CFR 61.1 13(a) and (b)**  **J. 14 CFR 67**  **K. 14 CFR 91.7(a)**  **L. 14 CFR 91.9(b)**  **(2) M.**  **14 CFR 91.9(c) N.**  **1 4 CFR 91.103(b)**  **O. 14 CFR 91.109**  **P. 14 CFR 91.1**  **19 Q.**  **14 CFR 91.121 R.**  **14 CFR 91.151(a) S.**  **14 CFR 91.203(a) and (b) T.**  **14 CFR 91.405(a) 14 CFR 91.407(a)(1)**  **14 CFR 91.409(a) (2)**  **14 CFR 91.417(a) and (b)** The regulations and the basis for an exemption are set forth as follows.16 PHDA TA 5241586_1 **A. 14**  **CFR Pa**  **rt 21**  **Certification Procedur** **es for**  **P ro**  **ducts and**  **Parts**

—

prescribes the procedural requirements for issuing and changing design approvals, prod uction approvals, airworthiness certificates, and airworthiness approvals. Id entified Te chnologies re quests an exemption from 14 CFR Part 21 to the extent applicable . This exemption meets the requirements for an equivalent level of safety pursuant to Se ction 333 based on the small size, light weight, relativel y slow speed, safety and fail - safe system specifications of the Identified System, and its use in controlled rural environments on private land with restricted public access , as described previously in this P etition . Moreover, the Id entified System carries no fuel and is therefore not at risk of fuel spillage and fire in the event of an accident. If the exemption is granted, and an airworthiness certificate is not required, noise certification and testing also will not be required . See FAA, Public Guidance for Petitions for Exemption Filed Under Section 333 (September 25, 2014), at 4 . In any event, the Identified System is a small, battery powered s ys tem designed to emit very little noise. Notwiths tanding the foregoing, the FAA has previously determined that relief under Part 21 is not necessary

f or petitioners who have presented facts substantially s imilar to those presented by

Identified Te chnologies . (See Exemption Nos . 111 09, 1111 4, 11 062, 111 36 , 111 38, referenced in Section I, above). **B. 14**  **CFR 43.7**  **Persons authorized**  **to appr** **ove air** **craft, airframes,**  **air craft**  **engines, pr** **opellers, appliances,**  **or c**  **om ponent**  **parts for**  **r eturn**  **to service**  **after maintenance,**  **preventive maintenance,**  **rebuilding, or**  **a lteratio**  **n**—

provides that the holder of a mechanic certificate or a repair station certificate may approve an aircraft, airframe, aircraft engine, propeller, appliance, or component part for return to service. Id entified Te chnologies requests an exemption from 14 C FR 43.7 . The Identified System is comprised of parts and components that are no dif ferent from a model aircraft, and the contemplated operators of the Identified System, who will maintain and when necessary repair the System , have engineering degrees . The operators will conduct inspections and maintenance based on maintenance guidelines, attached for reference as Exhibit B . The capabilities of these operators to maintain and repair the Identified System will meet the requirements for an equivalent level of safety pursuant to Section 333 for the ty pe of sUAS, its intended use, and the intended operating environment and locations . **C. 14**  **CFR 43.1**  **1 Content,**  **form, and**  **disposition of**  **records for**  **i nspections**  **conducted under** 

**p arts**  **91 and**  **125**

—

provides, in pertinent part, that maintenance record entries be maintained and a record for the listing of discrepancies and placards by inspectors be maintained . Id entified Te chnologies requests an exemption from 14 CFR 43.1 1 . The Id entified System ’ s central frame is less than 6 inches high . There is no room on the sUAS to store or display p lacards or records . Additionally , no inspections for the Identified System have been17 PHDA TA 5241586_1 conducted or certified by F AA at the present time . However, as a condition to the approval of exemption, Identified Te chnologies is willing to keep log books of all maintenance and repairs, and such log books will be available at each project site during the sUAS operations . **D. 14**  **CFR 45.1**  **1 Marking**  **of Products** 

— prescribes, in pertinent part, that the manufacturers of aircraft, engines and propellers mark such aircraft, engines, or propellers with an approved fireproof identification plate. Id entified Te chnologies requests an exemption from 14 CFR 45.1 1 . The Id entified System, due to its small size, does not have ro om for fireproof identification plates to be placed in it . Any required fireproof identification p l ates could become hazardous due to the additional weight and strain placed on the System . **E. 1**  **4 CFR**  **45.21 General** 

— prescribes, in pertinent part, that no pers on may operate a U.S. -registered aircraft unless that aircraft displays nationality and registration marks in accordance with the requirements of this section and §§45.23 through 45.33. Id entified Te chnologies requests an exemption from 14 CFR 45. 21 . Todate, no requirements or procedures for obtaining a registration mark for a sUAS have been established by the FAA . However, as a condition to the approval of exemption, Id entified Te chnologies is willing to be assigned a registration number and to display it to the extent practicable. ] **F. 14**  **CFR 45.23(b)**  **Display of**  **Marks; general** 

— prescribes, in pertinent part, that when marks include onl y the Roman capital letter “N” and the registration number is displayed on limited, restricted, or 2 light- sport category aircraft or experimental or provisionally

c ertificated aircraft, the operator 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. Id entified Te chnologies re quests an exemption from 14 CF R 45.23 (b) , to the extent applicable . The Identified System ’scenter airframe is less than 6” in height . Due to its smal l size, the Identified System does not have room to display aircraft marks in a conventional size . However, as a condition to the approval of exemption, Identified T echnologies is willing to affix an aircraft mark to one or more of the “ arms ” of the Identi fied S ys tem mainframe . The size of the marking will be determined by the size of the “ arm” being used and may be less than 1 inch in size . The word “ Experimental ” will be placed on the center frame of the Identified System in compliance with §45.29(f) . H owever, a partial exemption from this display regulation is requested as the sUAS will have no entrance to the cabin, cockpit or pilot station on which the word “ Experimental ” can be placed . Given the size of the sUAS, two - inch lettering will be impossible . The equivalent level of safety will be provided by h aving the Identified Te chnologies sUAS marked on its center frame as required by § 45.29 (f) , where the PIC , observer and others working with the sUAS will see the identification of the sUAS as “ Experimental. ” The requested exemption is consistent with previous exemptions issued by the FAA

—the FAA has previousl y determined that relief under 14 CFR 45.23(b) is not necessary f or petitioners who have present facts substantiall y similar to those presented b y Identified Te chnologies . (See Exemption Nos . 111 09, 1 111 4, 1 1062, 1 11 36, 1 11 38, referenced in Section I , above).18 PHDA TA 5241586_1 **G. 14**  **C.F**

**.R .**  **45.27 Location**  **of Marks;**  **nonfixed -** **wing air** **craft**

— prescribes, in pertinent part, that 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. Id entified Te chnologies requests an exemption from 14 C.F.R . 45.27 . The Identified Systems does not have a cabin, fuselage, boom or tail to display the marks as required by §45.23 . Id entified Te chnologies will place marks, to the extent practicable, on one of the “ arms ” of the main frame of the sUAS.

**H. 14**  **C.F**

**.R .**  **45.29: Size**  **of Marks** 

— prescribes , in pertinent part, that the registration mar

ks for rotorcraft must be at least 12 inches high. Id entified Te chnologies requests an exemption from 14 C FR 45.29 . The Identified System, due to its small size, does not have any surface area large enough to display m arks that are 12 inches high . A s a condition to the approval of exemption, however, Identified Te chnologies is willing to affix an aircraft mark to one or more of the “ arms ” of the main frame of the sUAS . The size of the marking will be determined by the size of the “ arm” being used and may b e less than 1 inch in size. **I. 14**  **CFR 61.1**  **13(a) and**  **(b) Private**  **pilot privileges**  **and limitations:**  **Pilot in**  **command**

—

prescribe that (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying pas sengers or property for compensation or hire; nor may that person, for compensation or hire, act as the PIC of an aircraft; (b) A

private pilot may

, f or compensation or hire, act as PIC o f an aircraft in connection with any

b usiness or employ

ment if (1) the flight is only incidental to that business or employ ment; and (2) the aircraft does not carry p assengers or property for compensation or hire. Id entified Te chnologies requests an exemption from 14 C.F.R . 61.1 13 . Iti s contemplated that the PIC (pilot in command) of the sUAS will not possess a private or commercial license . However, because (i) the sUAS is no dif ferent a model aircraft, weighs less than 15 lbs . including payload, and will not carry any pilot or passengers, (ii) the area of operation is controlled and restricted, (iii) all flights will be planned and coordinated in advance, and (iv) the maximum altitude of the sUAS will not exceed 400 feet AGL, the proposed operations will achieve the equivalent level of safety o f current operations by manned aircraft with airmen hol ding a private or commercial pilots license . For conducting safe sUAS operations , it is more important that the PIC of the sUAS be experienced, particularl y with the sUAS at issue, than for the PIC to have a pilot’ s license . The PICs operating under this exemption will be experienced . The two PICs currentl y contemplated by Identified Te chnologies have engineering degree s and a deep knowledge of sUAS systems , 1.5 ye ars of radio control aircraft experience and has recreationally flown the Identified System in excess of 150 flights, and , therefore , meets or exceeds the present level of safety envisioned under this Section .19 PHDA TA 5241586_1 Model aircraft, RC planes, and even certain unmanned military s ys tems are routinel y flown, successfully

and safel y, b y hobbyists or personnel who do not have a private or commercial license . Research into this area has shown that the skill set needed to successfully and safely

operate the UAS is very different from the set of skills needed by a p ilot of manned aircraft . Infact, research has shown that a manned aircraft pilot is not equipped, merely by virtue of his obtaining pilot certification , to fly or operate a remote - controlled unmanned aircraft safely . Inf act, in some cases a manned aircraft pilot’ s training may b e counterproductive when operating unmanned aircraft. 3 Id entified Te chnologies recognizes that the FAA, in addressing other Section 333 exemption request s , has made it clear that it does not have the requisite authority to exempt a petitioner from the statutory requirement to hold an airman certificate under 49 USC § 4471 1 , and has f ound that a pilot certificate would ensure that a PIC passes the security screening of the Department of Homeland Security . If the FAA is unwilling to grant this ex emption on the same grounds , Identified Te chnologies asks that the FAA grant it the same relief that it has granted to other petitioners who presented substantially s imilar facts to that of Id entified Te chnologies . See Exemption Nos . 111 09, 1111 4, 11 0 62, 111 36, 111 38, referenced in Section I, above . For example , in the Tr udeau Exemption , the F

AA required the PIC to obtain at minimum, a private pilot license and outlined a training program to substantiate the PICs experience . Identified Te chnologies has already adopted the same training program and if necessary , will require that its PIC obtains a private pilot license .

**J. 14**  **CFR Pa**  **rt 67**  **Medical St**  **andards and**  **Certification**

—gives the FAA the authority to issue the necessary

m edical standards and certif ications for pilots . FAA Notice 8900.227, paragraph 16.c.(4) PIC Medical, states, in pertinent part, that the PIC must maintain, at a minimum, a valid FAA second- class medical certificate issued under 14 CFR P art 67, Medical Standards and Certification, or the FAA recognized equivalent . Paragraph 16.e.(1) of the same Notice requires , in pertinent part, that all observers must have a valid FAA second- class medical certificate issued under part 67; an FAA -recognized equivalent is an acceptable means of demons trating compliance with this requirement . The FAA notes that the notice referenced above is now incorporated into F AA Order 8 900.1, vol . 16, ch . 4., sec . 1.

3 Examples of this research can be found in (1) Michael J . Barnes, Beverly G . Knapp, Barry W

. Ti llman, Brett A . Walters & Darlene V eliki, Cr ew S ystems A nalysis of U

nmanned A erial V

ehicle (UA V) F

utur e J ob and T asking E nvir onments , Te chnical Report ARL - TR-2081, Aberdeen Proving Ground, MD: Army Research Laboratory

, page 12 (2000); (2) Kevin W . Wi lliams, Unmanned Air craft Pilo t Medical Certification Requir

ements, Report DOT/F

AA/AM - 07/3, FAA Civil Aerospace Medical Institute, page 2, (2007), available at http://fas.org/irp/program/collect/ua-pilot.pdf ; and (3) Jason S . McCarley & Christopher D . Wi ckens, Human Factors Implications of UA Vs in the National Airspace, Institute of Av iation, Aviation Human Factors Division, University of Il linois at Urbana- Champaign, 13 (2004), available at http://www.tc.faa.gov/logistics/grants/pdf/2004/04 - G - 032.pdf , citing Barnes, supra.20 PHDA TA 5241586_1 Id entified Te chnologies requests an exemption from FAA Notice 8900.227, paragraph 16.c.(4) and 16 .e.(1) which requires that a PIC require a valid FAA second- class medical certificate under 14 CFR 67 . Identif i ed Te chnologies’ currentl y contemplated PIC s do not currentl y hold a valid FAA medical certificate . Identified Te chnologies respectfull y submits that a second - class medical certificate is unwarranted in this instance because (i) the sUAS is no dif ferent a mo del aircraft, weighs less than 5 lbs . including payload, and will not carry any pilot or passengers, (ii) the area of operation is controlled and restricted, and (iii) all flights will be planned and coordinated in advance with an auto -pilot feature and fail - safe programs to account for user error. There is little chance that the medical condition of the PIC will aff ect the Id entified System operations in any unsafe or damaging way . To the extent the FAA requires the PIC to obtain a valid FAA medical certificate as a condition of permitting Identified System operations, however, Identified Te chnologies asks that the FAA grant it the same relief that it has granted to other petitioners who presented substantially

s imilar facts to that of Id entified Te chnologies . See Exemption Nos . 111 09, 1111 4, 11 062, 1 11 36, 1 11 38, referenced in Section I herein . For example , in the T rudeau Exemption, the FAA found that a PI C holding a private pilot certificate and a third- class airman medical certificate is appropriate for the proposed operations . If the grant of this Petition is conditioned upon the PIC obtaining a valid FAA medical certificate , Identified Te chn ologies will of course comply with that condition . **K. 14**  **CFR 91.7(a)**  **Civil air** **craft airworthiness** 

— prescribes that no person may operate a civil aircraft unless it is in an airworthy condition. Id entified Te chnologies requests an exemption from 14 C F R 91. 7(a) . Currently there is no standard for determining the airworthiness of an sUAS, and no airworthiness certificate can be issued for the Identified System should this exemption be granted . An equivalent level of safety i s met, given the size, weight , and performance specifications of the Id entified System , as well as the requirements contained in the flight operations described above, including the maintenance procedures and use of safety check lists prior to each flight that have been submitted as Exhib it B . **L. 14**  **CF R** **. 91.9(b)(2**  **) Civil**  **air craft**  **flight manual,**  **ma rking,**  **and placard**  **requir ements** 

—

prescribes, in pertinent part, that no person may operate U.S. - registered civil aircraft unless there is available in the aircraft a current approved Airp lane or Rotorcraft Flight Manual , approved manual material, markings, and placards, or any combination thereof . Approvals are granted under 14 CFR 91.203 (a) and (b). Id entified Te chnologies requests an exemption from 14 CFR 91.9(b)(2) . First, there is currentl y no approval process for Airplane or Rotorcraft Flight Manuals . Second, the FAA has previously

determined that relief from this section is not required, provided that relevant materials are kept in a location accessible to the PI C in compliance with the regulations . See the Tr udeau Exemption at pg. 17 . Identified Te chnologies has developed a flight operations manual and relevant materials for use during the Id entified System operations, which it requires to be readil y accessible to the PIC and VO during all Identified System operations.21 PHDA TA 5241586_1 **M. 14**  **C.F**

**.R .**  **91.9(c) Civil**  **air craft**  **flight manual,**  **ma rking,**  **and placard**  **requir ements** 

—

prescribes that “ (c) No person may operate a U.S. - registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter. ” Id entified Te chnologies requests an exemption from 14 CFR 91.9(c) . As previousl y stated, there is no current registration process for sUAS; and the Identified System, due to its small size, does not have room to contain fireproof placard or to display aircraft marks in a conventional size . However, as a condition to the approval of petition , Id entified T echnologies is willing to affix an aircraft mark to one or more of the “ arms ” of the Identified Te chnologies sUAS . The size of the marking will be determined by the size of the “ arm ” being used and may be less than 1 inch in size.

**N. 14**  **CF R**  **91.103(b)(2) Pr** **eflight action** 

— prescribes that each PI C shall, before beginning a flight, become familiar with all available information concerning that flight . This information must include... (b) For any f light, runway

l engths at airports of intended use, and the following takeoff and landing distance information: (1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeof f and landing distance data is required, the takeof f and landing distance data contained therein; and (2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway s lope, aircraft gross weight, and wind and temperature. Id entified Te chnologies requests an exemption from 14 CFR 91.103(b)(2) . Currently , there is currentl y no approval pro cess for Airplane or Rotorcraft Flight Manuals . However, the Id entified Te chnologies PIC will, prior to conducting any sUAS operations, become familiar with all available information concerning that flight . Such actions, described at length in this Petition, will include reviewing weather conditions and visibility , flight battery

l ife, landing and takeof f distances, and all other aircraft performance data prior to any Identified System operations . The flights of the Identified System will only b e conducted at Appropriate Project Sites, with the PIC and VO having extensive knowledge of the operating environment . . **O. 14**  **CFR 91.109**  **Flight instruction;**  **Simulated instrument**  **flight and**  **certain flight**  **tests**

— prescribes, in pertinent part, 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. Id entified Te chnologies re quests an exemption from 14 CFR 91.109 . Remotely p iloted aircraft, including the Identified System, are designed and constructed without dual controls . Flight control will be accomplished through the use of a control box that communicates with the aircraft via radio communications . The equivalent level of safety i s provided by

the limited size and speed of the aircraft and by the fact that neither a pilot nor passengers will be carried in the aircraft . Moreover, the Identified System has a control system with a mix mode feature that allows for intermittent manual override of the autop ilot control to achieve maximum safety and controlled operation of the Identified S ys tem . **P. 14**  **CFR 91.1**  **19 Minimum**  **safe altitudes:**  **General**

— prescribes that, except when necessary f or takeoff or landing, no person may operate an aircraft below the following altitudes: (a) Any where . An altitude allowing, if a power unit fails, an22 PHDA TA 5241586_1 emergency

l anding without undue hazard to persons or property on the surface . (b) Over congested areas . Over any congested area of a city , town, or settlement, or over any open - air assembl y of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft . (c) Over other than congested areas . An altitude of 500 feet above the surface, except over open water or sparsel y populated areas . In those cases, the aircraft may not be operated closer than 500 feet to any p erson, vessel, vehicle, or structure . (d) Helicopters, powered parachutes, and weight- shift- control aircraft . If the operation is conducted without hazard to persons or property on the surface ... (1) A helicopter may b e operated at less than the minimums prescribed in paragraph (b) or paragraph (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specificall y prescribed for helicopters by the FAA; and (2) A powered parachute or weight- shiftcontrol aircraft may

b e operated at less than the minimums prescribed in paragraph (c) of this section. Id entified Te chnologies requests an exemption from 14 CFR 91.1 19 . Identified Te chnologies will not operate the Identified System at an altitude higher than 400 feet AGL . Furthermore, while Identified Te chnologies will not be operating over any congested areas, the sUAS will necessaril y be flown closer to 500 feet to the structures it will be examining . The requirements set out in this petition for the sUAS operations contemplated by Id entified Technologies provide for an equal or greater level of safety that would be provided by the operation of manned aircraft maintaining a distance of at least “ 500 feet to any person, vessel, vehicle, or structure , ” in light of the small size and relatively l ight weight of the sUAS, the close monitoring of the flight by b oth the pilot in command and the secondary ground crew member, the remote and s ecured nature of the operating environment, and the other detailed operating limitations described in this Petition . **Q. 14**  **CFR 91.121**  **Altimeter s**  **ettings**

—

prescribes, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “to the elevation of the departure airport or an appropriate altimeter setting available before departure.” Id entified Te chnologies requests an exemption from 14 CFR 91.121 . Id entified Te chnologies will not operate the Id entified System above 400 feet AGL , nor will it operate the Id entified System at a sustained cruising altitude like a manned aircraft . The laptop used in the ground station has live feedback information about the Identified System operation, including but not limited to, the altitude of the sUAS, its forward velocity , and the compass heading . The PIC will be able to observe and control the maximum altitude of the Identified System at all times . Additionally

, the sUAS will be operated within the line of sight . For all these reasons, an equivalent level of safety to that contemplated by Section 91.121 will be provided . **R. 14 CFR**  **91.15 1(a)**  **Fuel requir** **ements for flight in VFR conditions** 

— prescribes that no person may

begin a flight in an airplane under visual fl ight rules (VFR) conditions unless (considering wind and forecast weather conditions) there is enough fuel to fl y to the first point of intended landing and, assuming normal cruising speed ... (1) During the day

, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.23 PHDA TA 5241586_1 Id entified Te chnologies requests an exemption from 14 CFR Part 91.151 (a) . The Id entified System will be operated in a manner that is at least as safe as the operation of a manned aircraft complying with Part 91.151 (a) because the Identified System will only b e flown in daylight, and the short distances over which the sUAS will be operated (substantially less than one mile ) will allow the sUAS to be flown to a safe landing point within the area of op eration within a short period of time . During the entire pre -programmed flight, the PIC will always have a visual line of sight and be prepared to take over. The PIC ’ s Tx has a flight count down timer which is set to a minimum of 20% battery reserve ( def ined as allowing an additional 3 minutes of flight time ); more than enough to safely fl y the sUAS back to the roped of f “home ” area . Given the limited size and speed of the sUAS, its ability to land safel y almost any where, the fact that it will be under the PI C and VO’ s visual observation at all times, and will be operated in a tightl y controlled area, where all people other than the PI C and VO will be removed before flight, permitting its operation with less than 30 minutes of reserve fuel does not engender the ty pe of risks that Section 91.151(a) was intended to alleviate . **S. 14**  **CFR 91.203(a)**  **and (b**  **) Civil**  **air craft:**  **Certifications requir** **ed**

— . Section 91.203(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it has within it

—(1) An appropriate and current airworthiness certificate; and (2) An effective U.S . registration certificate issued to its owner or, for operation within the United States, the second cop y of the Aircraft Registration Application as provided for in § 47 .31(c) . Section 91.203(b) prescribes, in pertinent part, that no person may

operate a civil aircraft unless the airworthiness certificate or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is le gible to passengers or crew. Id entified Te chnologies requests an exemption from 14 CFR 91.203(a) and (b) . First, there currentl y are no procedures set forth by the F AA for providing airworthiness certificates for sUAS . A s a condition to the approval of ex emption, however, Identified Te chnologies will display on the sUAS a registration certificate or equivalent that is issued by F AA pursuant to this petition at the ground point control, where the operator will have immediate access to it . S econd, the sUAS Identified Te chnologies will use the Boomerang , which has an equivalent level of safety a s manned aircraft with an airworthiness certificate . The PixHawk flight controller provides a number of safety features in addition to acting as the command and control Rx bound to the Turnigy T GY 9 x brand Tx . Because of the use of GPS with the sUAS, the operator will set the initial location of flight takeof f ( “home position” ) and if the radio control link is broken, the PixHawk flight controller will recognize this broken control link and cause the sUAS to automaticall y return to the home position as recorded by the GPS instrumentation . Additionally

, because the sUAS team will mark of f an area with traf

fic cones having a 20 - ft . radius, approximately

3 0 ft . from the op erators , that will be used as the “home position” for the sUAS to return, no one will be standing in the way of the path . See Exhibits A and B . In the restricted environment and under the conditions proposed, operation of the sUAS will be at least as saf

e as a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate , but without the restrictions and conditions proposed by Identified Te chnologies . Identified Te chnologies will not accept assignments from clients who are within 524 PHDA TA 5241586_1 miles of controlled airspace without first gaining written and/or oral permission from air traf fic control (A

TC) . The Identified System to be operated hereunder is less than 5 pounds inclusive of batteries and technical payload, carries neither a pilot nor passengers, and carries no explosive materials or flammable liquid fuels . The Identified System will be tightly c ontrolled and monitored by

the PIC and VO , and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation . The FAA will have advance notice of all operations . These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness certificates . Lastly

, application of these same criteria demonstrates that there is no credible threat to national security posed by the Id entified System, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid f uels, and inability

to carry a substantial payload . **T. 14**  **CFR 91.405(a)**  **Maintenance Requir** **ed ,**  **91.407(a)(1) Operation**  **after maintenance,**  **preventive maintenance,**  **rebuilding, or**  **a lteration**  **, 91.409(a)(2)**  **Inspections ,**  **91. -**  **417 (a)**  **and (b)**  **Maintenance Records** 

— Section 91.405(a) prescribes, in pertinent part, that each aircraft operator 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, Maintenance, Preventive, Maintenance, Rebuilding, and Alteration . Section 91.407(a)(1) prescribes that no person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to service by ap erson authorized under § 43.7 of this chapter. Section 91.409(a)(2) prescribes, in pertinent part, that no person may

operate an aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 . Section 91.417(a) and (b) prescribe, in pertinent part, that ... (a) Each registered owner or operator shall keep the following records for the periods spe cified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100 -hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft . The records must include ... (i) a description (or reference to data acceptable to the Administrator) of the work performed; (ii) the date of completion of the work performed; and (iii ) the signature and certificate number of the person approving the aircraft for return to service . (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life - limited parts of each airframe, engine, propeller, rotor, and appliance . (iii) The time since last overhaul of all items installed on the aircraft that are required to be overhauled on a specified time basis . (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained . (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date . If the AD or safety directive involves recurring action, the time and date when the next action is required . (vi) Copies of the forms prescribed by § 43.9(d) for each major alteration to25 PHDA TA 5241586_1 the airframe and currently installed engines, rotors, propellers, and appliances . (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this secti on shall be retained until the work is repeated or superseded by o ther work or for 1 year after the work is performed . (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraf t is sold . (3) A list of defects furnished to a registered owner or operator under § 43.1 1 shall be retained until the defects are repaired and the aircraft is approved for return to service. Id entified Te chnologies requests an exemption f rom 14 CFR 91.40 5(a), 91.407(a)(1), 91.409(a)(2), 91. - 417 (a) and (b) . Identified Te chnologies respectfull y submits that it has demonstrated in its Petition that the capability o f the PIC and sUAS operators to maintain and repair the Id entified System meets Section 333’ s requirement for an equivalent level of safety . The PIC will perform routine maintenance and inspection of the Identified System and be authorized to approve the Id entified System for return to service . Additionally , the PIC will ensure that the Identified System is in an airworthy condition prior to any flight, and will conduct detailed inspection s pursuant to the maintenance manuals . Detailed inspection records will be kept at all times by Id entified Te chnologies . Given the size, construction, and simplicity o f the Id entified System, an equivalent level of safety is provided . **X. Certificate of**  **Authorization or W**  **aiver** This exemption request is a prerequisite to Identified Te chnologies’ application for a commercial Certificate of Authorization or Waiver (C OA) to use the Identified System for the purpose of conducting aerial surveys and monitoring of secure project sites in support of the civil engineering industry

, including without limitation construction, excavation, transportation infrastructure, mining, and oil and gas sites . **XI. Conclusion**  Id entified Te chnologies respectfully submits that it has demonstrated that (i) the Id entified System is safe, reliable and will satisfy the FAA’ s airworthiness assessment, (ii) the Pilot in Command (PIC) and visual observer (VO) have the requisite knowledge and experience to ensure the safe operation of the Identified System, (iii) Identified Te chnologies has developed and complies with operation procedures and parameters that further ensure safe sUAS operations in the national airspace, removing any legitimate the threat of harm to humans and property , including other manned aircraft, and (iv) Identified Te chnologies’proposed operations, which include without limitation, the use of the Identified System to conduct aerial imaging, monitoring and surveying of secure project sites for the benefit of the civil engineering industry , achieve a level of safety equal to or greater than that which would be achieved by f lyingal arger manned aircraft carrying crew and flammable fuel for the same purposes . In addition, permitting use of the Id entified System will achieve various economic and environmental benefits, as well as significant ef

ficiencies, associated with cost, labor and safety, that serve the public interest. Identified Te chnologies asks that the FAA grant its request for exemption from the afore described FARs under Section 333, and approve its operation of the Identified System in the national airspace in accordance with the limitations and restrictions set forth herein.