August 13, 2015

U.S. Department of Transportation Docket Management Facility West Building Ground Floor Room W12-140 1200 New Jersey Avenue, S.E. Washington, D.C. 20590

Re: Aviobotics LLC Exemption Request - Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1)(2); 417(a) & (b); 14 C.F.R. §91.119 (c); 14 C.F.R. §91.121; 14 C.F.R. § 91.151(a)

Dear Madam/Sir,

As per Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, (“Aviobotics LLC”, or “petitioner” hereafter), developer and operator of Small Unmanned Aircraft Systems (“sUAS’”) equipped to conduct aerial inspections of towers/tall structures for multiple industries, as well as photography and videography for surveying and marketing purposes,hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUAS’, so long as such operations are conducted within and under the conditions outlined in this exemption request, the supporting documents, or as may be established by the FAA as required by Section 333.

The information submitted will assist the FAA in determining whether to grant relief from its regulations, will assist the Secretary of Transportation with determining whether to grant relief from airworthiness certification requirements under the FAA Modernization and Reform Act of 2012, and describe why this exemption is in the public interest. These documents will help in determining that the sUAS’ do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:

• The UAS’s size, weight, speed, and operational capability; • Operation of the UAS in a controlled, predetermined and limited area • Operation of the UAS in close proximity to airports and populated areas; and • Operation of the UAS within visual line of sight of the operator.In this request for exemption we describe more fully our request for exemption in 4 sections

with the support of multiple additional documents. The sections are:

1) The Unmanned Aircraft System (UAS) 2) The UAS Pilot in Command (PIC) 3) UAS Operating Parameters 4) Intended Operations and Public Interest

Supporting confidential documents to this exemption request include:

1) Aviobotics LLC Operations Manual with Sections and Appendices covering: a) Operator Qualifications and Training Manual b) Aviobotics LLC Intended Operations and Public Interest c) Aviobotics LLC Maintenance and Inspection Manual d) Logbooks e) UAS User Manuals f) Insurance Documentation

Regulations from which the exemption is requested are:

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1)(2); 417(a) & (b) 14 C.F.R. §91.119 (c) 14 C.F.R. §91.121 14 C.F.R. § 91.151(a)

The requested exemption would permit the operation of small, unmanned, and inexpensive ‘UAS’ under controlled conditions in airspace that is limited, predetermined, access controlled and would provide safety enhancements to the existing methods of inspection and aerial videography which endanger human lives. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act.



### The name and address of the applicant is: Aviobotics LLC Attn: Kevin Vanderslice - Managing Partner Ph: (520) 988-2059 Email: kbslice@aol.com Address: 5958 East 32 ndSt , Tucson, AZ, 85711

### The Unmanned Aircraft System (UAS)

Aviobotics LLC UAS’ are multi-rotor aircraft, weighing 55 or fewer lbs. including payload. They operate, under normal conditions at a speed of no more than 50 knots, have the capability to hover, move in the vertical and horizontal plane simultaneously, have the capability to return to a predefined home destination in case of communication link or GPS loss, and have the capability to abort flight in case of an emergency. Maximum flight time will be 30 minutes or 25% battery power, whichever comes first.

Aviobotics LLC intends to operate the following aircraft:

1. DJI F450 2. Aviobotics QX-550

Details on the aircraft specifications and associated manuals are included in the additional documentation. Aviobotics LLC includes custom and manufacturer manuals for all the UAS’ listed. Aviobotics LLC custom manuals and procedures will be applied to off-the-shelf UAS’ where applicable.

Aviobotics LLC will file a FAA Form 7711-1, or its equivalent, as modified in light of the requested exemption, with the appropriate Flight Standards District Office, if needed.



### The UAS PIC

The UAS PIC will be an FAA licensed airman with a sport pilot’s certificate or better and third class medical or valid drivers license, in addition to completing UAS specific training. The pilot and observer must have the minimum UAS operating requirements and training as specified in the Aviobotics LLC Operations Manual.



### UAS Operating Parameters

The aircraft will operate only in line of sight with an observer, located over 5 nautical miles from Class B, C and D, at an altitude of no more than 500 feet in line with NPRM for FAR part 107. Details of the aircraft operation parameters are described in the Aviobotics LLC Operations Manual.

The aircraft will operate only within a controlled area, with the written consent of all persons and jurisdictions involved, as described in the “Intended Operations and Public Interest” section of the Aviobotics LLC Operations Manual. This document will show that such operations will “not create a hazard to users of the national airspace system or the public.”

### Intended Operations and Public Interest

Aviobotics LLC intended operations are for inspecting tall structures or towers that are currently inspected using more dangerous methods, such as manned aircraft in dangerous proximity to the structures under inspection, or using climbers.Aviobotics LLC also intends to provide aerial photography and videography for surveying and marketing industries, which currently employ dangerous low flying manned helicopters close to participating subjects. These commercial UAS applications will therefore result in a significant enhancement of safety, by reducing the risks associated with current inspection and aerial videography methods. Additional details are specified in the “Intended Operations and Public Interest” section of the Aviobotics LLC Operations Manual.

## Exemption Requests

Aviobotics LLC includes the FAA commentary on Astraeus Aerial’s granted exemption and the associated rules from which we will and will not seek exemption from. Exemption is sought from rules that the FAA has granted for similar operations. Exemptions from other petitioners that have been deemed by the FAA as “Not necessary” have been included to demonstrate Aviobotics LLC understanding of all the safety considerations.

Information below has been copied from the Astraeus Aerial Exemption No. 11062 Grant of Exemption Document. (Regulatory Docket No. FAA-2014-0352)

Relief sought by petitioner (14 CFR) FAA determination (14CFR)
Part 21 Not necessary 45.23 (b) Not necessary 61.113 (a) and (b) Granted with conditions and limitations 91.7 (a) Not necessary 91.9 (b)(2) Not necessary 91.103 Not necessary with conditions and limitations 91.109 Not necessary
91.119 Paragraph (c) granted with conditions and limitations 91.121 Granted with conditions and limitations 91.151 (a) 91.151 (a)(1), day, granted with conditions and limitations; 91.151 (a)(2), night, denied 91.203(a) and (b) Not necessary 91.405 (a) Granted with conditions and limitations 91.407 (a)(1) Granted with conditions and limitation 91.409 (a)(2) Granted with conditions and limitations; relief from 91.409 (a)(1) also granted with conditions and limitation 91.417 (a) and (b) Granted with conditions and limitations

## Aircraft

No Exemption Necessary: 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Based on the limited size, weight, operating conditions, design safety features, and the imposed conditions and limitations, Aviobotics LLC has demonstrated that its operations would not adversely affect safety compared to similar operations conducted with aircraft that have been issued an airworthiness certificate under 14 CFR part 21, Subpart H. Therefore, as the FAA found for Astraeus Aerial, the requested relief from 14 CFR part 21, and any associated noise certification and testing requirements of part 36, is not necessary.

No Exemption Necessary: 14 C.F.R. § 45.23 (b). Marking of the Aircraft Since Aviobotics LLC UAS will not be certificated under 14 CFR § 21.191, a grant of exemption for 14 CFR § 45.23(b) is not necessary, as the FAA commented in the grant for exemption for Astraeus Aerial.

Aviobotics LLC UAS’ will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N-Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

Exemption Requested From: 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1)(2); 417(a) & (b): Maintenance Inspections These regulations require that Aviobotics LLC aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Maintenance, inspections, repairs, record keeping and technician requirement details are documented in the Maintenance and Inspection Manual Appendix of the Aviobotics LLC Operations Manual. These specifications are necessary to ensure that Aviobotics LLC proposed UAS operations will not adversely affect safety in the NAS and of people and property on the ground.

### Pilot in Command

No Exemption Necessary: 14 C.F.R. § 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. Aviobotics LLC will require that UAS pilots have a sports pilots license or greater and a third class medical or valid drivers license. In addition to these requirements, the PIC will have to complete UAS training as specified in the Operator Qualifications and Training Manual Appendix of the Aviobotics LLC Operations Manual.



### Operating Parameters of the UAS

No Exemption Necessary: 14 C.F.R. §91.7(a): Civil aircraft airworthiness. As previously noted, the petitioner’s UAS will not require an airworthiness certificate in accordance with 14 CFR part 21, Subpart H. Based on the fact that an airworthiness certificate will not be issued, exemption from § 91.7(a) is not necessary.

In accordance with 14 CFR § 91.7(b), the PIC of the UAS will ensure the aircraft is in condition for safe flight, according to the pre-flight checklist and other procedures specified in the Aviobotics LLC Operations Manual.

No Exemption Necessary: 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration. Based on the FAA Memorandum subject “Interpretation regarding whether certain required documents may be kept at an unmanned aircraft’s control station,” dated August 8, 2014, the requested relief from 14 CFR § 91.9(b)(2) and 91.203(a) and (b) is not necessary.

Aviobotics LLC will keep all pertinent documents at the ground control point where the PIC is located and anyone of authority will have immediate access to them if requested.

No Exemption Necessary: 14 C.F.R. § 91.103: Preflight action Before beginning a flight, the PIC will take into account all pre-flight actions outlined in the submitted Aviobotics LLC Operations Manual manual to achieve an equivalent level of safety.No Exemption Necessary:

14 C.F.R. §91.109: Flight instruction: Section 91.103 provides that no person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls. The qualifications of the PIC will be based on their training, experience and testing with the UAS to be operated, without requiring fully functioning dual controls. Since a dual set of controls are not required, no exemption is necessary.

Exemption Requested From: 14 C.F.R. §91.119 (c): Minimum safe altitudes §91.119 (c) specifies that when flying under an altitude of 500ft in sparsely populated areas no aircraft can be operated within 500 feet of any person, vessel, vehicle, or structure. As Aviobotics LLC operations intend to be flown within 500ft of participating personnel and structures, relief is sought from this rule. As specified in the supporting manuals, an equivalent level of safety will be achieved by only performing operations within 500 ft with the consent of all participating and non-participating persons. Additionally, for any operations under 500 ft from nonparticipating persons or structures, the PIC must ensure that such operations will be safe, all non-participating persons must be under protective barriers or structures, and the property/structure owner must grant permission for such operations. No one will be exposed to operations without their pre-obtained consent. The equivalent level of safety will also be achieved given the size, weight, speed of the UAS, as well as the location where it is operated. No flight will be taken without the permission of the property owner and/or local officials.

Exemptions from §91.119 (a)(b)(d) are not necessary as per the FAA’s Astraeus Exemption commentary.

Exemption Requested From: 14 C.F.R. §91.121 Altimeter Settings An equivalent level of safety will be achieved by flying at low altitudes, VLOS with altitude information provided by a digitally transmitted GPS altitude readout on an on-screen display. Prior to each flight, the UAS PIC will confirm zero altitude for accuracy.Exemption Requested From:

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” An equivalent level of safety will be met by the operations specified in the supporting manuals. Specifically, the UAS operations will be conducted in a controlled environment, limited to a 500ft radius around the structure or point of interest, with aircraft less than 55 pounds, at speeds below 50 Knots, within VLOS. Also, the aircraft flight will terminate after 30 minutes or with 25% remaining battery power (whichever occurs first). Similar exemptions have been granted for other operations.



## Summary of Operational Limitations and Conditions

The following list is a summary of the limitations and conditions under which Aviobotics LLC agrees to be bound by when performing commercial operations. Additional details are provided in the various supporting manuals.

1. The unmanned aircraft (UA) will weigh less than 55 pounds (25 Kg), including batteries and payload. Operations will be limited to those specified in the accompanying manuals. Proposed operations of any other aircraft for any other purpose will be requested with an amendment to the requested grant. 2. The UA will not be flown at a ground speed exceeding 50 knots. 3. Flights will be operated at an altitude of no more than 500 feet above ground level (AGL) in reference to the NPRM for FAR part 107. Use of the UAS will also follow FAR part 101, Section 101.13, paragraph (b) with regards to altitude restrictions and states that altitude restrictions “do[es] not apply to the operation of a balloon or kite below the top of any structure and within 250 ft of it if that shielded operation does not obscure any lighting on the structure.” Section 101.13 is applicable to our operations since the flight parameters are similar to a kite but with positive control. 4. The UA will be operated within unaided visual line of sight (VLOS) of the PIC at all times with a visual observer (VO) within verbal communication distance. 5. The manuals submitted and any additional requirements by the FAA will be maintained and available during each flight and for any administrative requests. For any revisions of the manuals, Aviobotics LLC will track and present updated and revised documents to the FAA. 6. Prior to each flight the PIC will inspect the UAS to ensure it is in a safe operational condition. If any inspection results are negative, the UAS will not operate until the required maintenance will be performed. Inspection will include all systems required for safe flight. All maintenance and alterations will be properly documented in the aircraftrecords.

7. Significant maintenance or alternations to the UAS will require test flights in a safe, controlled, operating environment to ensure all systems function safely. The Maintenance and Inspection Appendix of the Aviobotics LLC Operations Manual will be followed and the operations will be recorded. 8. Aviobotics LLC will follow the Maintenance and Inspection Appendix of the Aviobotics LLC Operations Manual as well as for each subsystem. 9. The Pilot In Command (PIC) must possess a sports pilot certificate or greater and at least a current third-class medical certificate or valid drivers license. The PIC must also complete the Aviobotics LLC Training program for flight skills and familiarity with the Aviobotics LLC UAS as specified in the Operator Qualifications and Training Appendix of the Aviobotics LLC Operations Manual. In summary, the UAS pilot needs to have completed and logged a minimum of 120 flight cycles and 5 hours of total time in type as a UAS rotorcraft pilot (single blade or multirotor) and 3 take off and landings with the specific type in the past 90 days, and has complete understanding of the applicable regulations, UAS characteristics, and procedures. The VO must have also successfully completed the qualification process. The completion of these qualifications will be recorded by the chief UAS pilot and will be available for administrative requests. 10. The UAS will not be operated directly over any person unless the PIC deems the action safe, required and has authorized a participating and consenting person to do so. All participating and non-participating persons within 500 ft must have provided written consent to be within that radius of the drone operations. Exceptions may be made if persons within 500 ft are protected by a structure or obstruction. Details on these operating distances are specified in the associated manuals. 11. Regarding the distance from participating persons, the Aviobotics LLC Operations Manual has safety mitigations for authorized and consenting personnel. At all times, those persons must be essential to the operations. 12. If the UAS loses communications, the UA will return to its home location, which will have been established within a 100ft radius of the tower or a marked landing zone. 13. If the UAS must abort flight in the event of unpredicted obstacles or emergencies the procedures outlined in the Aviobotics LLC Operations Manual will be followed. 14. Each UAS operation must be completed within 30 minutes flight time or with 25% battery power remaining, whichever occurs first. 15. Aviobotics LLC will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under this grant of exemption. A Notice to Airman (NOTAM) will be filed at least 48 hours prior to the intended operation. 16. The Aviobotics LLC UAS will be identified by serial number which will be prominently displayed on the UAS, registered in accordance with 14 CFR part 47, and have identification (N#) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as possible and the information will also be available by the PIC. 17. Aviobotics LLC will document and maintain UAS maintenance, alterations, updates and the total time in service of the UAS and batteries as specified in the Maintenance and Inspection Appendix of the Aviobotics LLC Operations Manual. The maintenance andinspection will be performed by a qualified technician as specified in the manual and

logs. 18. Before operations, the radio frequency spectrum used for operation and control will be monitored to ensure that there is no interference. A radio will also be used to monitor local air traffic stations. 19. Aviobotics LLC will submit a Plan of Activities to the local FSDO with jurisdiction over the area of proposed operations 48 hours before the activity. The plan of activities will include:

a. Dates and times for all flights; b. Name and phone number of the PIC and VO to be present during the operation of the aircraft;

c. Make, model, and serial or N-number of UAS to be used; d. Name and certificate number of UAS PIC involved;

e. A statement that Aviobotics LLC has obtained permission from property owners and/or f. local officials for the proposed activity
g. Signature of exemption-holder or representative; h. Description of flight activity and the exact affected airspace. 20. All manuals, including the documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents will be available to anyone of authority upon request. 21. The UAS will give right of way and remain clear of all other air traffic by landing immediately upon any audible or visual identification of nearby aircraft. 22. Operations will not be conducted at night. All operations will be conducted under visual meteorological conditions (VMC). 23. The UAS will not be operated by the PIC from any moving device or vehicle. 24. The UAS will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 25. The UAS will not operate in Class B, C, or D airspace or within 5 nm of any airport without written approval from the FAA. 26. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. Further flight operations will not be conducted until the incident, accident, or transgression is reviewed by AFS-80 and authorization to resume operations is provided.

## Summary for Publication in the Federal Register

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Aviobotics LLC, developer and operator of ‘UAS’ under 55 pounds, seeks an exemption from the following rules:

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1)(2); 417(a) & (b); 14 C.F.R. §91.119 (c); 14 C.F.R. §91.121; 14 C.F.R. §91.151(a);

To allow commercial operation for the inspection of towers/tall structures as well as for videography and photography for surveying and marketing purposes, so long as such operations will provide an equivalent level of safety and will be conducted within and under the conditions outlined in this exemption request, the supporting documents, or as may be established by the FAA as required by Section 333. The requested exemption would permit the operation of small, unmanned, and inexpensive sUAS’ under controlled conditions that will not create a hazard to users of the NAS or the public or pose a threat to national security. The controlled operations of small, slow, limited, low altitude UAS, will provide safety enhancements to the existing methods of inspection and videography, which endanger human lives.