April2, 2015

United StatesDepartment ofTransportation FederalAviationAdministration DocketManagement System 1200NewJerseyAvenue, NE Washington, DC 20590 Filed inwww.regulations.gov 

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GREGORY5. WALDEN +1202.887.4213/fax: +1202.887.4288 gswalden@akingump.com

Re: Petitionfor Exemption ofPreNav, Inc. under Section333 ofthe FAAModernization and ReformAct, 49 U.S.C. 44701(±), and 14 C.F.R. Part 11 On behalf of PreNav, Inc. ("PreNav"), we hereby seek an exemption from certain Federal Aviation Regulations enumerated below, as authorized by Section 333 of the FAA Modernization and Reform Act ("Section 333"), Subsection 44701(±) of the Federal Aviation Act, and pursuant to the procedures set forth in Part 11 ofthe Federal Aviation Regulations, to allow PreNav to operate small unmanned aircraft systems ("sUASs") for commercial purposes, so long as such operations are conducted within and under the conditions outlined herein or as maybe establishedby the FAAas requiredby Section333. The sUAS systems operated by PreNav utilize rotorcraft, weighing less than 20 lbs (payload included). The rotorcraft move at a speed of no more than 50 knots, are operated within the visual line ofsight ofthe operator, and have the capability to hover and move in the vertical and horizontal plane simultaneously. PreNav has initially selected a rotorcraft consisting of a RotorBits carbon fiber airframe, Pixhawk flight controller (manufactured by 3D Robotics) running custom firmware, onboard sensors and electronics, a radio transmitter for manual piloting, and ground control software. PreNav's typical flight is under 400-feet above ground level ("AGL") and is under 10 minutes in duration. Additionally, for certain operations as appropriate, the sUAS system will include a custom environment scanner, tracking device, and software developedbyPreNavto enableprecisionflight and automatic collision avoidance. 1 PreNav is a privately-held technology company based in Silicon Valley that's developing advanced navigation solutions for sUAS. PreNav's technology is geared to enable autonomous

1Manual will beprovided separately.

RobertS. Strauss Building 11333 New Hampshire Avenue, N.W.IWashington, D.C. 20036-15641202.887.4000 Ifax 202.887.42881 akingump.comPreNavPetitionfor Exemption April2, 2015 Page 2 

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navigation ofcluttered, complex, or GPS-denied environments by leveraging "sense and avoid" capabilities and precise control ofthe aircraft. These capabilities are essential components ofa future UAS industry that is able to operate safely and efficiently, especially when considering applications thatinvolve autonomous flightbeyond line ofsight. For this Section 333 exemptionrequest, PreNav is proposing to use its sUAS systems in order to automate visual inspections of industrial structures such as wind turbines, cell phone towers, flare stacks, bridges, rooftops, mines, and construction sites. These structures are ofteninspected by workers via rope access or crane, which is slow, costly, and dangerous. By inspecting these structures via sUAS, workers can remain on the ground, preventing injuries or deaths from accidental falls. Because sUAS require less time to perform these inspections, money can be saved by reducing the downtime of the asset during the inspection. Also, the site can be inspected more frequently, thus reducing the risk of catastrophic failure as a result of lengthy gaps betweeninspections. TheFAAhas recognized the safetybenefits ofoperating sUAS in lieu ofmanned aircraft inpreviously granted exemptionsunder Section333. Additionally, PreNav proposes to use its sUAS for closed-set aerial cinematography. Currently this type ofwork is performed by manned aircraft flying at low altitudes, so using a sUAS that weighs less than 20 lbs and keeps pilot and crew on the ground will be a safer choice for these operations. For such operations, the FAA has also recognized the enhanced safety of using sUAS. PreNav maintains strict safety measures including constant system testing/upgrades, failsafe backups, insurance coverage & an experienced crew of pilot, software/camera operator, and visual observer/safety personnel. The limitations and conditions to which PreNav agrees to be bound when conducting commercial operations underan FAAissued exemptioninclude: 

### 1. The sUAS will weighless than 20 lbs. 2. Flightswillbe operated withinthe visual line ofsight ofapilot and observer. 3. Maximum total flight time for each operational flight will be 20 minutes. Flights will be terminated at 40% battery power reserve should that occur prior to the 20 minute limit, and firmware includes afailsafe to auto-land the aircraft at 30%batterypowerreserve. 4. If the sUAS loses communication link, it will have the ability to return to a predetermined locationwithin the SecurityPerimeterto land. 5. The sUAS will have the capabilityto abort aflight in case ofunpredictedemergencies 6. Flights will be operated at an altitude ofno more than 400 feet AGL or, in the event the structure beingfilmed/inspected is higher than 400 feet, flights will be operated not morePreNavPetitionfor Exemption April2, 2015 Page 3 

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than 100 feet above the structure that is being inspected so long as that structure is less than 1000feet tall. 7. Minimum crew for each operation will consist of the sUAS pilot, a camera/software operator, and avisual observer/safetytechnician. 8. Pilot, camera/software operator, and observerwill at all times be able to communicate by voice so that there is no risk of a loss of communication between them throughout the flight. 9. Pilot, camera/software operator, and observer will have been trained in operation of sUAS generally, and will have received up-to-date information on the particular sUAS to be operated 10. The sUAS pilotwill serve as Pilotin Command (PIC) and holds aprivatepilotcertificate. 11. PreNav will be operating its sUAS on private property, and written and/or oral permissionfrom the relevantpropertyholders will be obtained. 12. The sUAS will only operate within a confined "SterileArea" with a "Security Perimeter" for the flight operations area to be defined for each location. The operator will obtain the consent of all persons involved in the sUAS operations and will ensure that only consentingpersonswillbe allowed within 150feet ofthe flight operation. 13. A briefing will be conducted in regard to the planned sUAS operations prior to each day's activities. It will be mandatory that all personnel who will be performing duties withintheboundaries ofthe safetyperimeterbepresentfor thisbriefing. 14. The operator will obtain a COA before performing any operation. Although PreNav expects to operate its sUAS above 200 feet AGLon occasion, it will seek an appropriate COAand requests that itbe issued atthe time ofthe grant ofthis petition.

The name ofthe applicant is: PreNav, Inc. Attn: Nathan Schuett, CEO nate@prenav.com Phone:415-652-9723 Fax:415-276-1894 Address: 887 Industrial Rd., STEB, San Carlos, CA94070 www.prenav.comPreNav Petitionfor Exemption April 2, 2015 Page 4 

### Exemptionsrequested 14 C.P.R. Part 21 (airworthiness certification) 14 C.P.R. Part27 (normal categoryrotorcraft) 14 C.P.R. 61.113 (a) and (b) (pilotcertification and qualification) 14 C.P.R. 91.7(a) & (b) (airworthiness) 

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14 C.P.R. 91.105 (flight crewmembers at stations; seatbelt and shoulderharness requirements) 14 C.P.R. 91.119(b) and (c) (minimum safe altitudes) 14 C.P.R. 91.121 (altimeter settings) 14 C.P.R. 91.151(a) (fuel requirements in VPRconditions) 14 C.P.R. 91.405 (a) and (b) (maintenance) 14 C.P.R. 91.407(a)(1) (approval for return to service) 14 C.P.R. 91.409(a) (annual and airworthiness certificationinspection) 14 C.P.R. 91.417(a) and (b) (maintenance records)


### Safety equivalenceornoadverse effectonsafety 

### UnmannedAerialVehicle andSystem The sUAS to be operated by PreNav for these missions is a quadrotor, remotely-piloted UAV weighing less than 20 lbs, and which includes a number of technological capabilities to demonstrate its airworthiness. Itemploys state ofthe art motors and airframe construction, such as the RotorBits carbon fiber frame. The onboard flight controller is the Pixhawk, which is manufactured by 3D Robotics, running PX4-based firmware with several features to ensure a safe and stable flight, including: auto-stabilization, altitude hold, position hold via GPS, autoland capability, return to launch failsafe, and more. Additionally, PreNav has developed alidarbased environment scanning and tracking device that provides accurate local position coordinates to the aircraft to assist it withprecise navigation in and around the structures that are beinginspected. Should there be a loss ofcommunications link, the aircraft can automatically return to its safe launch area. In the event there is aloss ofGPS or local positioninginformation (as provided by PreNav's technology), the pilot can take control ofthe UAV and land the aircraft manually. If the UAV encounters an unexpected obstacle, the pilotcan take control and either divert the flight ormaintainthe UAVin a safe hoverposition away from the obstacle. Batterypowerprovidesup to 20 minutes ofsafe operation, and PreNav will land the UAV upon hearing an audible warning

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PreNav Petitionfor Exemption April 2, 2015 Page 5
at 40% battery remaining, well before the battery reaches 30% remaining. The Pixhawk flight controller with PX4 firmware includes an additional failsafe to auto-land the aircraft if the batteryreaches 30% remaining. Ifno warnings or auto-landings take place, PreNav will land the aircraft at the 20 minute mark. Given its small size, operational capabilities, and restricted area in which the UA V will operate, an exemption from Part 21, Subpart H, Airworthiness Certificates, and 14 C.P.R. 91.7(a), is warranted, as PreNav's UAV satisfies the equivalent level of safety as compared with manned aircraft and meets the criteria in section 333. Operating the UAV without an airworthiness certificate in the restricted environment under the conditions proposed will be safer than operating amanned helicopter operatingwith an airworthiness certificate and not subject to such conditions. The UAV with payload is less than 20 pounds; it carries no explosive materials or flammable liquidfuels, and operates exclusively overprivateproperty, with no passengers or crewonboard. As the FAAhas found in granting an exemptionto Clayco, ExemptionNo. 11109, atpage 10: The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event ofan incident or accident. The risk to an onboardpilot and crew during an incident or accident is eliminatedwith the use ofa UAfor the aerial filming operations. For the reasons outlined above, PreNav also seeks an exemption from the certification requirements for normal categoryrotorcraft inPart27. In support of PreNav's request for an exemption from 14 C.P.R. 91.405(a), 91.407(a)(1), 91.409(a)(l) and (2), and 91.417(a) and (b), PreNav will adhere to the following inspection and maintenance program: PreNav will inspect the UAV before and after each operation, as well as perform interval inspections, as set forth in its operations manual. Before each flight, the pilot in command will inspect the UAV to ensure it is in a safe condition for flight. The preflight inspection will account for any discrepancy, such as an inoperable component, item, or equipment. PreNav will not initiate a flight if the inspection reveals a condition that adversely affects the safety of operations, and will not operate that UAV until it is found to be in a safe condition. Any UAV that has undergone maintenance or an alteration that affects the UAV's operationorflight characteristics will undergo afunctional flight testbefore return to service. PreNav will follow the manufacturer's UAV requirements relating to components, maintenance, overhaul, replacement, inspection and life limits. PreNav will record all maintenance,PreNavPetitionforExemption April2, 2015 Page 6 

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alterations, and the functional flight test in the UAV logbook, including total flight hours, description ofwork accomplished, and the initials ofthe UAVtechnician who returned the UAV to service. PreNav's UAV is equipped with a barometer, and in some cases an additional laser altimeter, that provides the pilot with a constant digital estimate/display ofaltitude. Moreover, the UAV will be operated within the visual line ofsight ofthe pilot in command and observer and below 400 feet AGLfor most structures, and no more than 100feet above any structures that are taller than 400 feet. Accordingly, PreNav does not believe an exemption from 14 C.F.R. 91.121 is required. In support ofPreNav's request for an exemption from fuel requirements in 14 C.F.R. 91.151(a), PreNav's UAV is battery-powered, is operated only for brief periods of time, and will not operate withless than a 30% reserve. PreNavnotes that the FAAhas grantedmany exemptions to sUAS operators from this regulation. PreNav agrees to the condition the FAAhas imposed in those exemptions, namely that the pilot in command is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruisingspeed to the intendedlandingpoint andlandthe UAwith 30%batterypowerremaining. The Radio Frequency (RF) spectrums used for command and control ofthe UAS, payload/data transmission and other flight test telemetry are a combination of915 MHz, 2.4 GHz, and 5 GHz and comply with the Federal Communications Commission (FCC) requirements for the United States.

UA V and UAS OperatorQualifications and Training In support ofPreNav's request for an exemption from the pilot certification and qualifications requirements in 14 C.F.R. 61.113(a) and (b), PreNav asserts that an equivalent level ofsafety is achieved by its DAY/VAS-specific training and the experience of its pilot in command and operatingteam, as well as its "sense and avoid"technology. TrainingandExperience PreNav recognizes the FAA's position that section 333 does not allow the FAA to waive the requirement ofaUAVoperatorto hold an airman certificate, relyingon49 U.S.C. 44711.

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PreNav Petitionfor Exemption April 2, 2015 Page 7 Although section 44711 requires an "aircraft" operator to hold aprivate pilot certificate, section 333 is a more recent enactment and provides explicit authority to the FAA to exempt a UAV operator from any certification requirement. Section 333 instructs the FAA to consider whether to require airworthiness certificates, certificates ofwaiver, and certificates ofauthorization, "at a minimum." (Emphasis added.) Thus, Congress vested FAA with discretion to waive certificate requirements other than an airworthiness certificate, including an airman and medical certificates. Even ifthe pilot certification requirement is not waived, FAA has plenary exemption authority under section 44701(f) to exempt UAV operators from the particular requirements of Parts 61 and 67

- such as the requirement to conduct flight training on board an aircraft

- and develop an airman certificate specifically designed for small UAV operations. Applying manned aircraft pilot certification requirements to small UAVs is not necessary as a matter of safety, and does not make sense as a matter of public policy. In the FAA's recent Notice of Proposed Rulemaking, the FAA proposes to require an aeronautical knowledge test in lieu of a private pilotcertificate. PreNav believes that FAA's determination in the Astraeus Aerial and other exemptions that a commercial pilot certificate is not required for the operators of UAVs for closed set filming applies equally to the nature ofits UAV operations: [T]he experience obtained beyond a private pilot certificate in pursuit of a commercial pilot certificate in manned flight does not necessarily aid a pilot in the operational environment proposed by the petitioner; the FAA considers the overriding safety factor for the limited operations proposed by the petitioner to be the airmanship skills acquired through VAS-specific flight cycles, flight time, and specificmake and model experience, culminatinginverificationthroughtesting. (Emphasis added.) PreNav believes this reasoning supports a UAV/UAS-focused training and experience regimen that should obviate not only a commercial pilot certificate but also private pilot certificate requirements in Parts 61 because any training will be focused on the particular skills of operating the particular small UAV and the particular nature of UAS operations. PreNav will require its pilot in command to have 12 hours of training operating the particular UAV/UAS, including 50 take-offs and landings, and at least 25 hours offlying UAV rotorcraft generally. Although PreNAv will initially use a person who holds a private pilot certificate, PreNav requests the FAA grant an exemption from the manned aircraft flying experience requirements in Part 61 and acceptPreNav's training and experience regimen.PreNav Petitionfor Exemption April2, 2015 Page 8 

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PreNavpilots in command will meet requirements in Part 67 for a third class medical certificate, although PreNav notes that FAAis now willing to accept a U.S. driver license in lieu ofmedical certification. The PIC will also have accomplished at least 3 take-offs and landings in the preceding90 days, for currencypurposes. SenseandAvoidTechnology The sense and avoid system developed by PreNav includes an environment scanning and tracking device, and control system which together are able to guide the aircraft more effectively and precisely than a human operator, as well as respond more quickly to changes in the environment such as movingobstacles. By generating a 3D point-cloud ofthe environment, and tracking and ranging the UAV as it flies through the environment, control ofthe UAV can be handled automaticallyviaPreNav's system. In the event ofaloss ofcommunicationorfailure of the system, the pilot can take back control and manually operate the aircraft with the radio transmitter. Since the primary operation ofthe system canbe handled via the "sense and avoid" technology PreNav has developed, requiring its pilot in command to hold a pilot certificate (commercial,private,recreational, or sport)is unnecessary and would impede PreNav's abilityto innovate and scale operationswithin the United States.

UA V and UAS OperatingParameters PreNav will operate its UAV in full compliance with its operating manual. PreNav's typical flight will lastno longerthantenminutes. Batterypowerprovides 20 minutes ofoperationbefore reaching 30% capacity; PreNav operators will receive an audible reminder at 40% capacity, and PreNav will land the UAV at that time, well before it reaches 30% capacity remaining. Ifno reminder is issued, PreNav will land the UAV at 20 minutes and additionally the UAV has a failsafe to auto-land at 30%battery capacityremaining. All flights will be conducted within the visual line ofsight ofthe pilot in command, in a tightly circumscribed area not to exceed the smaller of a 400 foot radius from the launch site or the boundaries ofthe property where operations are taking place. Oral or written consent from the property owners will be obtainedin all circumstances. PreNav'sUAVwill notbe operated over a congested areaoropen air assembly ofpersons. PreNav conducts abriefingbefore each day's operations, which all personnelparticipatingin the operations must attend. PreNav will obtain written consent of any person who will be

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PreNav Petitionfor Exemption April2, 2015 Page 9 participatingin the operations or otherwise is within the area where the operationis takingplace. PreNavwillprovide notice to any adjacentbuildings or structures. PreNav seeks an exemption from the requirement in 14 C.P.R. 91.119, subsection (b), that an aircraft must remain at least 1,000 feet above any congested area or open air assembly of persons, and subsection (c), that an aircraft must remain at least 500 feet above any person or structure in an area otherthanpopulated or congested, and not closer than 500feet to any person, vehicle, or structure. These requirements were adopted with fixed-wing, manned aircraft operations in mind, and PreNav needs the UAS to be within 500 feet ofthe ground, structures, and operating crew to perform the work. Ifoperations are taking place within an area where nonparticipating persons could come within 150 feet ofthe aircraft, PreNav will post warning signs 

### Ibarriers saying "ATTENTION: Unmanned Aerial Operations in Progress- Remain Back 150 feet" in order to create a security perimeter around the operation. In the event that effective signage cannot maintain a sterile area due to the environment where the work is taking place, PreNav will ensure protective barriers or structures are in place that can sufficiently protect non participating persons. If a situation arises where nonparticipating persons enter the sterile environment or leave the protection of the barriers, PreNav will immediately cease flight operations and land in a safe environment awayfrom the non-participatingpersons. PreNav will notify the appropriate Flight Standards District Office "("FSDO") and Air Traffic Control for any operation within five miles of an airport. PreNav will limit its operations to daytime Visual Flight Rules ("VFR"). Accordingly, we do not believe an exemption from 14 C.P.R. 91.209 is necessary. Publicinterest PreNav's UAVoperations willpositivelyimpact the generalpublic:


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• Risk to technicians and nearby persons is reduced by eliminating the need to climb structures or use manned aircraft for visual inspections of elevated structures such as wind turbines, cell towers, andbridges. Inspections performed by UAV are significantly faster than rope access inspections, which means the asset can be put back into service sooner, effectively saving thousands ofdollars in lostrevenue per asset. Due to the affordability and flexibility ofUAV inspections, structures can be inspected more frequently, reducing the risk of a failure due to damage that occurs between inspectionperiods.

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• Aerial cinematography performed by UAS reduces the risk to the general public, operators, and film crew by using smaller aircraft and keeping the pilot and crew on the ground. PreNav's sense and avoid technology has the ability to make the entire UAS industry saferfor the generalpublic.
Operations limitedto the UnitedStates This petition is intended to cover only PreNav's operation ofsUAS within the United States and its territorial waters. Summary forFederalRegister PreNav submits the following summary to be included in the Federal Register, should the FAA determine thatpublicationofa summaryis required. PreNav seeks an exemption to operate small unmanned aircraft systems ("sUASs") weighing less than 20 lbs to perform inspections of elevated structures such as wind turbines, cell phone towers, flare stacks, bridges, construction sites and rooftops, as well as closed set aerial cinematography on privateproperty, inuncongested areas. However, PreNav respectfully requests the FAA to dispense with Federal Register publication and public comment, because granting this exemption would not set a precedent, and would follow the exemptions the FAAhas granted inrecent weeks. Sincerely,