1 July 1, 2015

SOAR Oregon

705 S W Bonnett Way

Ste. 1000

Bend, OR 97701

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 2059 0

Subject: Petition for Section 333 Exemption u nder Public Law 112

- 95 in the case of SOAR Oregon

Dear Sir,

1. Please find th is petition for a Section 333 Exemption for SOAR Oregon per 14 CFR Part 11.81 . SOAR Oregon is a State

- funded, not

- for

- profit organized in the State of Oregon with the expressed mission
of supporting th e growth o f the Unmanned Aircraft System (UAS) Industry within the State of Oregon. In support of our primary mission and in support of the Public good , SOAR is additionally tasked with supporting the stand

- up and management of Oregon’s three FAA

- designat ed Test Ranges, under the University of Alaska, Fairbanks’ Pan Pacific UAS Test Range Complex (PPUTRC).

2. Applicant Name and Address :

SOAR Oregon

705 SW Bonnett Way

Suite #1000

Bend, OR 97702

Attn: Mr. John Stevens, Chief Operations Officer2 3. S ummary of Requested Exemptions from 14 CFR for the Docket : As Oregon’s state

- funded not for profit entity with the expressed mission of furthering the UAS industry within Oregon, SOAR Oregon believes that this application exemption serves the public good per the in tent of the FAA Modernization and Reform Act of 2012, under Section 333 (c) of the Act to “...establish requirements for the safe operation of such aircraft systems in the National Airspace System“

S OAR requests this Section 333 Exemption under P.L. 112

- 95 for the purposes of operati ng a DJI Phantom 3 Professional and a 3D Robotics X8M for the purposes of aerial photography, crew training, and UAS industry market survey . Specifically, SOAR requests ex emption from the following

regu l a tions:

14 CFR Part Summa ry of Regulations for which SOAR Requests Exemption 21, Sub

- part H Certification Procedures for products and parts, Airworthiness Certificates 45. 23 (b) Marking of Aircraft
61 .315 (c) (2), (3) Certification: Pilots and Instructors, “privileges and limi ts...sport pilot certificate” 91.7 (a) Civil Aircraft Airworthiness 91.103 (b) (1), (2) Preflight Action
91.105 Flight Crewmembers at Stations
91.109 Flight Instruction ; Simulated instrument flight and certain flight tests
91.119 (b), (c) Minimum Safe Altitudes . “Over congested areas” and “Over other than congested areas”
91.121 Altimeter s ettings
91.151 (a) Fuel requirements for flights in VFR c onditions 91.203 (a) & (b) C ivil aircraft: Certifications required
91.405 (a) Maintenance r equired
91.407 (a) Operation after m aintenance , preventive maintenance, rebuilding, or alteration
91.409 (a) (1) & (2) Inspections
91.417 (a) & (b) Maintenance Records

Table (1): Summary of Exemptions Requested

4. UAS for which SOAR Requests Section 333 Exemption : SOAR intends to operate two UAS of similar size and complexity in the furtherance of the organization’s mission:

3D Robotics X8M

DJI Phantom 3 Professional

Both of these UAS are electrically

- powered, lightweight “quad” or “hex” VTOL UAS which weigh less
than 9 pounds including payload, and fly at speeds of less than 87 knots. Both UAS have been produced in great quantities

, and have amassed thousands of hours of safe, reliable operations. Additionally, the Secretary has already issued 3 33 Exemptions for both of these UAS.3 5. SOAR Oregon Operational Limitations : SOAR proposes to impose the following operational
limitations on all of the organization’s UAS operations with these UAS :

a. All operations will be conducted by a SOAR

- designated Pilot in Command (PIC) and will utilize at least one Visual Observer (VO) as described in the subsequent section (see: SOAR UAS Crew Qualifications/Certifications and Constraints).
b. All operations will be conducted in accordance with the manufacturers’ oper ational limitations and procedures as specified in:

o DJI Phantom 3 Professional User Manual v1.2 (Attachment 1)

o 3D Robotics X8M Operation Manual v3 (Attachment 2)

o 3D Robotics X8 Flight Checklist (Attachment 3)

c. All operations will be conducted at 400’ Above Ground Level (AGL) or below.
d. All ope rations will be conducted at a speed of no more than 87 knots ( verified ground speed )

, and no greater than the UAS manufacturers’ published airspeed limitations

.
e. All operations will generally be conducted not less than 500 feet from non

- participating persons, vessels, vehicles, and structures

. Should flights be necessary inside of this envelope, SOAR will obtain the permission of any persons, vehicle/vessel owners or operators, or structures’ owners.
f. No operations will be conducted within 5 nm of an airport reference point (ARP) as denoted in an FAA Airport Facility Directory (AFD), or for airports not denoted with a reference point in the AFD, the center of the airport symbol as denoted on the current FAA aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a
COA issued to SOAR.

g. All SOAR operations will be authorized via an FAA Civil Certificate of Waiver or Authorization (COA)

. h. SOAR will publish a Notice to Airm e n (NOTAM) no earlier than 72 hours prior to scheduled UAS operations and no later than 48 hours prior to scheduled UAS operations.
i. As required, SOAR will notify the cognizant Flight Standards District Office (FSDO) prior to all UAS operations. j. All operations conducted over private or controlled access property will be conducted only with the expressed written consent of that property’s owner or authorized controller.
k. All operations will be conducted no less than 500 vertical feet below or 2,000 ho rizontal feet from a cloud or when visibility is greater than 3 statute miles from the PIC.
l. Operat ions will be conducted only in d ay visual meteorological conditions (VMC) and within unaided Visual Line of Sight (VLOS) of the PIC and VO

. T he PIC and VO wil l maintain unaided visual contact with the UAS (corrective lenses and/or sunglasses excepted).

m. All operations will be conducted within a radio frequency spectrum (described in the UAS’s respective Operations Manuals) in compliance with the Federal Communic ations Commission (FCC) or other appropriate government oversight agency requirements.

n. If the UAS suffers a loss of command and control link with the GCS, or loss of GPS navigation signal, the UA will return to a predetermined point and hold until signal i s regained. If the signal is not reacquired, the UA will execute a landing at a safe, pre

- determined point.4 6. SOAR Oregon UAS Crew Qualifications/Certifications: SOAR proposes to adhere to the following

crew qualifications/certification r eq uirements :

a. PICs will hold (at minimum) an FAA Spo rt Pilot Certificate, and a U.S. s tate issued Driver’s
license.
b. All SOAR PICs will be supervised by the SOAR Executive Director. The Executive Director possesses an FAA Private Pilot Certificate, Instrument Rating with SEL high performance and complex endorsements, and has 895 hours flight time in fixed

- wing piston aircraft.

c. All SOAR PICs will be required to demonstrate proficiency in operation of these UAS and to maintain currency with these platforms.
d. VOs will ho ld (at minimum) a State

- issued Driver’s License.

e. A ll SOAR crew members will be subject to the FAA’s Drug and Alcohol program.

7. SOAR Oregon UAS Logbooks, Inspections, Maintenance and Condition for Safe Operation : SOAR proposes to follow the below re quireme nts with respect to UAS logbooks, m aintenance and ensuring our UAS’ condition for safe operation :

a. SOAR will maintain operations and maintenance logbooks for each UAS.
b. SOAR UAS will be inspected and maintained IAW the Manufacturers’ Operator/Maintenance

Man uals , or in accordance with FAA Advisory Circular 43.13 (b), as applicable

. Additionally, 3D Robotics provides specific maintenance instructions in its “Support” web page (Attachment 4).

c. SOAR will ensure that its UAS are kept in a condition for continued s afe operation by accomplishing the above.
d. All inspections, maintenance actions
, and relevant life cycle data will be recorded in the UAS logbooks.

8. Specific Exemptions Requested by SOAR Oregon, and Equivalent Levels of Safety:

a. 14 CFR Part 21, Sub

- Part (H) , “Airworthiness Certificates”: There is no Type Certification basis for either of the UAS for which SOAR is requesting exemption, hence Airworthiness Certification is not requested. However, SOAR will ensure that the UAS will be in a condition
for sa fe o perations through the use of maintenance and pre

- flight procedures as specified in
the manufacturers’ Operations /Maintenance manuals and checklists . SOAR will conduct all

pre

- flights, scheduled and un

- scheduled maintenance in accordance with these man uals in order to ensure that the UAS is in a condition for safe operations

. b. 14 CFR Par 45.23 (b) “Display of Marks, General”: SOAR will register both UAS with the FAA

per 14 CFR Part 47. Exemption is requested for the size and location of the aircraft

ma rkings, as the minimum sizes and locations of markings per 14 CFR Part 43.23 (b) are impractical due to the size and configuration of UAS listed above. SOAR will mark the UAS
with our assigned N

- numbers to the largest practical size.

c. 14 CFR Part 61. 315 (c ) (2) and (3) “ ...privileges and limitations of...sport pilot certificate” : SOAR may operate its UAS for missions which could be considered Commercial , or use a compensated staff member to conduct operations . However, g iven the small size, weight and complex ity of the UAS SOAR intends to operates, SOAR proposes to maintain an equivalent level of safety with respect to its pilots’ qualifications and certifications by5 requiring all SOAR PICs to possess a minimum of an FAA Sport Pilot Certificate, and a valid
St ate

- issued driver’s license. SOAR believes that there is precedent for our establishing and maintaining the above level of PIC qualifications/certifications, as the Secretary has granted
Certificates of Waiver or Authorization and Section 333 Exemptions f or these and other UAS of similar specifications, and for organizations performing operations with identical
limitations.
d. 14 CFR Part 91.7 (a) “Civil aircraft airworthiness” : A s no certification basis exists for the two UAS SOAR intends to operate, no normal airworthiness can be established for these systems. However, SOAR will ensure an equivalent level of safety by ensuring compliance with all inspection and maintenance proced ures detailed in the manufacturers’ operations
and maintenance manuals.

e. 14 CFR Part 91.103 (b) (1), (2) “ Pre

- flight action”: Neither of the UAS for which SOAR is requesting exemption to operate have FAA

- approved Aircraft Flight Manuals. However
SOAR will ensure an equivalent level of safety by complying with all pre

- flight planning requirements of the manufacturer’s operations and maintenance manuals, and by ensuring
that effective operational pre

- flight planning is conducted by the Pilot in Command per t he
rule

. f. 14 CFR Part 91.105 “Flight crewmembers at stations”: SOAR requests exemption from this
rule in that the SOAR PIC will be located with the UAS ground control station. No safety harnesses are required for this crewmember’s physical location. Addi tionally, SOAR will ensure an equivalent level of safety by maintaining a “sterile cockpit” environment for the PIC, ensuring the PIC’ s phy sical environment is free of distraction from unauthorized personnel or other external stimuli.

g. 14 CFR Part 91.109 “ F light Instruction; Simulated instrument flight and certain flight tests”: The UAS for which SOAR requests exemption lack the dual controls required by the rule

, however SOAR will maintain an equivalent level of safety by ensur ing that backup “piggy
backed” controllers are used by PIC trainers for all system proficiency and experience building. All SOAR crew training will be conducted only during dedicated training sessions. All training for SOAR PICs and VOs will be conducted per the operational limitatio ns expressed above in this exemption request.
h. 14 CFR Part 91.119 (b), (c) “Minimum Safe Altitudes

.. .“Over congested areas” and “Over other than congested areas”: As stated in the operational limitations above, SOAR will ensure an equivalent level of safety by operating its UAS no closer than 500 feet from non

participant persons, vessels, vehicles or structures, unless permission is given by these persons or owners that such flights are permitted. Due to the light weight, small size, low airspeeds and lack of flammable materials on board the UA, no unsatisfactory residual risk exists for such operations. Should SOAR require to operate at distances less than the limitations expressed in the rule, SOAR will obtain the permission of these persons, vehicl e or vessel owner/operators, and structures’ owners or authority.
i. 14 CFR Part 91.121 ”Altimeter settings”: Neither of the UAS for which SOAR is requesting exemption use barometric altimeters. SO A R requests exemption from the statute and will
achieve an e quivalent level of safety through effective operation of these UAS’ GPS altitude reporting capabilities.6 j. 14 CFR Part 91.151 (a) “Fuel requirements for flights in VFR conditions”: Neither of the UAS for which SOAR is requesting exemption have the ability t o retain 30 minutes of fuel reserve. Both are battery powered and have battery power level monitoring capability. SOAR will achieve an equivalent level of safety through battery health monitoring, ensuring that
missions are terminated with sufficient bat tery power remaining to return to the takeoff point

. k. 14 CFR Part 91.203 (a) & (b) “Civil aircraft: Certifications required”: SOAR has not applied for an Airworthiness Certificate for these UAS, nor is it practical to carry additional documentation (e.g. F AA Registration, FCC license) aboard the UA. Thus, SOAR requests exemption from the statute and, as applicable, SOAR will achieve an equivalent level of safety by ensuring that all documentation (except Airworthiness Certificates) required to be
carried ab oard the aircraft will instead be co

- located with the PIC, and available for examination by any FAA or law enforcement official.
l. 14 CFR Part 91.405 (a) “Maintenance required”: Neither of the UAS for which SOAR requests exemption will possess Airworthiness Certificates nor will they be maintained per 14 CFR Part 43. However, SOAR will ensure that these UAS are inspected and maintained per the manufacturers’ operations/maintenance manuals to ensure an equivalent level of safety, and maintain a level of mate rial condition sufficient to ensure continued safe operations after performance of inspections and maintenance actions. All inspections and maintenance actions performed on the SOAR UAS will be annotated in the UAS maintenance logbooks.

m. 14 CFR Part 91.407 (a) “Operation after maintenance, preventive maintenance, rebuilding,
or alteration”: Neither of the UAS for which SOAR requests exemption will possess Airworthiness Certificates nor will they be maintained per 14 CFR Part 43. However SOAR
will ensure th at the aircraft are returned to a safely operable material condition to ensure an equivalent level of safety after completion of all inspections and maintenance actions, by performing all return to service requirements indicated in the manufacturers’ maint enance manuals.

n. 14 CFR Part 91. 91.409 (a) (1) & (2) “Inspections”: Neither of the UAS for which SOAR requests exemption will possess Airworthiness Certificates nor will they be maintained per 14 CFR Part 43. However SOAR will ensure an equivalent of saf ety by performing all scheduled and special inspections per the manufacturers’ maintenance manuals. All inspections and maintenance actions performed on the SOAR UAS will be annotated in the UAS maintenance logbooks.

o. 14 CFR Part 91.417 (a) & (b) “Maintenan ce records”: Neither of the UAS for which SOAR requests exemption will possess Airworthiness Certificates nor will they be maintained per 14 CFR Part 43. However SOAR will ensure an equivalent level of safety by maintaining UAS maintenance logbooks which capture inspection and maintenance data similar to that required in 14 CFR Part 91.417 (a) (1) and (2).

9. Public Interest: SOAR is submitting this application for exemption to support the Public good. As the State of Oregon’s lead not

- for

- profit for the UAS industry within Oregon, and given our relationship with the Oregon FAA

- approved Test Sites, this exemption will enable SOAR to better7 understand the UAS operating and regulatory environment, while simultaneously enabling SOAR to assess UAS industry and market potential

.

10. Privacy: SOAR Oregon will comply with all Federal, state and local regulations pertaining to Privacy. Additionally, SOAR Oregon will comply with the Pan Pacific UAS Test Range Complex privacy policy during any operations flown under a PPUTRC COA.

11. Point of Contact: We are pleased to submit this petition for Section 333 Exemption. Should any clarification or additional information be required in support of this petition, please contact;

John Stevens

Chief Operations Officer

SOAR Oregon

jstevens@soaroregon.com

Attachment s :
(1) DJI Phantom 3 Professional User Guide v1.2;

http://download.dji

innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.pdf

(2) 3D Robotics X8M Operation Manu al v3;

http://3drobotics.com/wp

- content/uploads/2015/04/X8M

- Operation

- Manual

- v3.pdf

(3) 3D Robotics X8 Flight Checklist

http://3drobotics.com/wp

- content/uploads/2015/04/X8

- Checklist

- vB.pdf \

(4) 3D Robotics X8 Support web page

http://3drobotics.com/kb/x8/