Table of Contents

APPLICATION FOR CERTIFICATE OF AUTHORIZATION

I. The Unmanned Aircraft (“UAV”): .................................................................................................. i
A. UAV Model #1 .................................................................................................................................... i
B. UAV Model #2 ................................................................................................................................... ii
C. UAV Model #3 .................................................................................................................................. iii
D. UAV Model #4 .................................................................................................................................. iii
E. UAV Model #5 .................................................................................................................................. iv
F. UAV Model #6 ................................................................................................................................... v
G. UAV Model #7 .................................................................................................................................. vi
H. UAV Model #8 .................................................................................................................................. vi
II. Proposed Commercial Use of UAV ............................................................................................... vii
III. Additional Precautions For Closed Set Filming Are Listed in Attached MPTOM (Exhibit 1 ) ......................................................................................................................................................... viii IV. Safety is Increased and Danger Reduced by the Proposed UAV Usage ..................................... ix
V. The Applicant will Follow Restrictions Dictated by N 8900.227 ................................................. ix VI. Application Summary ....................................................................................................................... x
Addendum

I. Introduction to Petitioner ................................................................................................................ 1
II. Relevant Authority Related to Petitioner’s Certificate of Authorization .................................... 1
III. Qualification for Approval Under Section 333 of the Reform Act ............................................... 2 A. The Petitioner’s Proposed Usage Does not Create a Hazard to Users of the NAS or the Public Because of the Reduced Size, Weight, Speed and Operational Capability of the UAV. ............................ 2
B. The Pe ti t io ner ’s Proposed Usage Do es n ot Create a Hazard to Us er s of the NAS or the Public b ec au se the Op er ation of the UAV will be conducted in Controlled or Sterile Locations, Away from Airports and in Unpopulated A re as. .......................................................................................................................... 3
C. The Pe ti t io ner ’s P roposed Usage Do es n ot Create a Hazard to Us er s of the NAS or the Public be cause Operation of UAVs will be conducted within VLOS of the PIC or VO at all Times ......................................................................................................................................................... 3
D. The UAV wi ll re main below 400 AGL at all ti me s dur ing the op er ation. ........................................... 4 IV. Regulations From Which Exemption Is Requested ....................................................................... 4
A. 14 C.F. R. Part 21, Subpart H - Ai rworthine ss C er ti fica te s and 14 C.F.R. §91.203( a) (1). .................. 5
B. 14 C.F

. R. Part 27: Airworthine ss Standard s: No rm al Ca te gory Rotorcraf t. ....................................... 6C. Ai rcraf t Marking and Iden ti fication Requ ir ements: 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a ).

.... 6
D. 14 C.F.R. § 61.113 (a) and (b): Private Pilot Pri vi leges and Li m ita t io n s: Pilot in Command. ........... 7
E. 14 C.F .R. § 91.9( B) (2): Civil Ai rcraf t Fligh t Manu al in the Ai rcraf t. ................................................ 9
F. 14 C.F.R. § 91.7(a): Civil Ai rcraft Airworthine ss. ............................................................................. 9
G. 14 C.F.R. § 91.103: Preflight Action. ............................................................................................... 10
H. 14 C.F.R. § 91.109(a): Flight In st ruction.......................................................................................... 10
I. 14 C.F.R. § 91.119: Minimum Safe Altitude s. ................................................................................. 11
J. 14 C.F.R. § 91.121: Alti me ter Settings. ............................................................................................ 12
K. 14 C.F.R. § 91.151(a): Fuel Requ ir emen ts f or Flight in VFR Conditions. ....................................... 12
L. 14 C.F.R. §§ 91.203(a) and (b): Carrying Civilian Aircraft Certification and Registration. ............ 13
M. 14 C. F.R . §§ 91.405( a) (1); 91.407( a) (1); 91.409( a) (1); 91.417(a) and (b): M ai ntenanc e Insp ec tions ................................................................................................................................................ 14
V. Public Interest ................................................................................................................................. 15 VI. Privacy ............................................................................................................................................. 16 VII. Federal Register Summary ............................................................................................................ 16
VIII. Conclusion ....................................................................................................................................... 17
See also Exhibit 1i

August 5, 2015 U.S. Dept. of T ra nspo rt ation, Docket Operat io ns W est Building Ground Floor, Room w12-140 1200 Ne w J e rs ey Av en ue, SE. Washington, DC 20590

Re: Exe mp tion Requ e st under Section 333 of the F AA Reform Ac t and Pa rt 11 of the Federal Av iation Regulations

D ea r Sir or Mada m:

Pu rsuant to S ec tion 333 of the FAA Modernization and Refor m Act of 2012 (the “Reform Act”) and 14 C. F.R. Pa rt 11, JMedia LLC s ee ks an exe mp tion from Fe d eral Aviatio n Re gulations ( “F ARs”) detailed below for the following described Unmanned Ae ri a l Sys tem, which includes an Unmanne d Aircraft ( UAV ) and groun d station-b ased equipment and cre w:

I. T HE U NMANNED A IRCRAFT (“ UAV ” ):

A. UAV Model #1

 A lightweight (3.5 lb

. gross w eight with all on-board equipment), battery

o perated 4-motor roto rc raft in the form of a quadcopter that takes of f a nd lands vertically. Ma nufa c tu re d by DJI, Model - Phantom 2

THE UAV

 An on -bo a rd flight computer with G PS navigation and location ability that

re ce i ves signals for flight controls from a ground-based transmitte r/ controller;

 An on -bo a rd ca me ra capable of capturing i ma gery in the form of full color, high d efinition sti ll photos and video;

 An on -bo ard telemetry system that delivers flight da ta from the on -b oard flight computer to the on-board radio tran sm i tter including altitude AGL, horizontal and v erti ca l speed, compass dir ec tion of flight and direction b ac k to its launch site;

 Various safety systems including return to launch point in case of communication or mechanical failure.

THE GROUND STATION BASED PART OF THE SYSTEMii  A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who controls the UAV while in the air;

 A Handheld 100 mW, 5.8 GHZ ra adio transmitter/controller operated by the PIC to control the UAV while in flight;

 A 20 dBm Range Extender operating at 2.4 MHz.



###  A Visual Observer (VO) is a person who provides a second pair of eyes to visually track the UAV while in flight.

B. UAV M ODEL #2

 A lightweight UAV (7.5 lb. gross weight with all on-board equipment), battery operated 4-motor rotorcraft in the form of a quadcopter that takes off and lands vertically. Manufactured by DJI, Model

– Inspire 1

THE UAV SUMMARY

 An on -bo a rd flight computer with G PS navigation and location ability that

re ce i ves signals for flight controls from a ground-based transmitte r/ controller;

 An on -bo a rd ca me ra capable of capturing i ma gery in the form of full color, high d efinition sti ll photos and video;

 An o n -bo ard telemetry system that delivers flight da ta from the on -b oard flight computer to the on-board radio tran sm i tter including altitude AGL, horizontal and v erti ca l speed, compass dir ec tion of flight and direction b ac k to its launch site;

 Various safety systems including return to launch point in case of communication or mechanical failure.

SUMMARY OF THE GROUND STATION BASED PART OF THE SYSTEM

 A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who controls the UAV while in the air;

 A 100mW, 2.4GHz radio transmitter/controller operated by the PIC to control the UAV while in flight;

 A 20 dBm Ranger Extender operating at 2412MHZ – 2462 MHZ

 A radio receiver receiving live video and flight data from the on-board camera and computer projects it all together onto a screen for the PIC to view during flight;

 A Visual Observer (VO) is a person who provides a second pair of eyes to visually track the UAV while in flight.iii C. UAV M ODEL #3

 A lightweight UAV (4.5 pound gross weight with all on-board equipment), batte ry operated 4-motor rotorcraft in the form of a quadcopter that takes off and lands vertically. Manufactured by DJI, Model

– Phantom 3

THE UAV SUMMARY

 An on -bo a rd fligh t computer with G PS navigation and location ability that

re ce i ves signals for flight controls from a ground-based transmitte r/ controller;

 An on -bo a rd ca me ra capable of capturing i ma gery in the form of full color, high d efinition sti ll photos and video;

 An o n -bo ard telemetry system that delivers flight da ta from the on -b oard flight computer to the on-board radio tran sm i tter including altitude AGL, horizontal and v erti ca l speed, compass dir ec tion of flight and direction b ac k to its launch site;

 Various safety systems including return to launch point in case of communication or mechanical failure.

SUMMARY OF THE GROUND STATION BASED PART OF THE SYSTEM

 A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who controls the UAV while in the air;

 A 100mW, 2.4GHz radio transmitter/controller operated by the PIC to control the UAV while in flight;

 A radio receiver receiving live video and flight data from the on-board camera and computer projects it all together onto a screen for the PIC to view during flight;

 A Visual Observer (VO) is a person who provides a second pair of eyes to visually track the UAV while in flight.

D. UAV M ODEL #4

 A lightweight UAV (4.5 pound gross weight with all on-board equipment), battery operated 4-motor rotorcraft in the form of a quadcopter that takes off and lands vertically. Manufactured by 3DR, Model

– Solo

THE UAV SUMMARYiv  An on -bo a rd flight computer with G PS navigation and location ability that

re ce i ves signals for flight controls from a ground-based transmitte r/ controller;

 An on -bo a rd ca me ra capable of capturing i ma gery in the form of full color, high d efinition sti ll photos and video;

 An on -bo ard telemetry system that delivers flight da ta from the on -b oard flight computer to the on-board radio tran sm i tter including altitude AGL, horizontal and v erti ca l speed, compass dir ec tion of flight and direction b ac k to its launch site;

 Various safety systems including return to launch point in case of communication or mechanical failure.

SUMMARY OF THE GROUND STATION BASED PART OF THE SYSTEM

 A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who controls the UAV while in the air;

 A 100mW, 2.4GHz radio transmitter/controller operated by the PIC to control the UAV while in flight;

 A radio receiver receiving live video and flight data from the on-board camera and computer projects it all together onto a screen for the PIC to view during flight;

 A Visual Observer (VO) is a person who provides a second pair of eyes to visually track the UAV while in flight.

E. UAV M ODEL #5

 A lightweight UAV (3.6 pound gross weight with all on-board equipment), batte ry operated 4-motor rotorcraft in the form of a quadcopter that takes off and lands vertically. Manufactured by 3DR, Model

– Iris

THE UAV SUMMARY

 An on -bo a rd flight computer with G PS navigation and location ability that

re ce i ves signals for flight controls from a ground-based transmitte r/ controller;

 An on -bo a rd ca me ra capable of capturing i ma gery in the form of full color, high d efinition sti ll photos and video;

 An on -bo ard telemetry system that delivers flight da ta from the on -b oard flight computer to the on-board radio tran sm i tter including altitude AGL, horizontal

a nd v erti ca l speed, compass dir ec tion of flight and direction b ac k to its launch site;v  Various safety systems including return to launch point in case of communication or mechanical failure.

SUMMARY OF THE GROUND STATION BASED PART OF THE SYSTEM

 A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who controls the UAV while in the air;

 A 100mW, 2.4GHz radio transmitter/controller operated by the PIC to control the UAV while in flight;

 A radio receiver receiving live video and flight data from the on-board camera and computer projects it all together onto a screen for the PIC to view during flight;

 A Visual Observer (VO) is a person who provides a second pair of eyes to visually track th e UAV while in flight.

F. UAV M ODEL #6

 A lightweight UAV (3.0 pound gross weight with all on-board equipment), batt ery operated 4-motor rotorcraft in the form of a quadcopter that takes off and lands vertically. Manufac tured by Walkera, Model

– X350 Pro

THE UAV SUMMARY

 An on -bo a rd flight computer with G PS navigation and location ability that

re ce i ves signals for flight controls from a ground-based transmitte r/ controller;

 An on -bo a rd ca me ra capable of capturing i ma gery in the form of full color, high d efinition sti ll photos and video;

 An on -bo ard telemetry system that delivers flight da ta from the on -b oard flight computer to the on-board radio tran sm i tter including altitude AGL, horizontal and v erti ca l speed, compass dir ec tion of flight and direction b ac k to its launch site;

 Various safety systems including return to launch point in case of communication or mechanical failure.

SUMMARY OF THE GROUND STATION BASED PART OF THE SYSTEM

 A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who controls the UAV while in the air;

 A 100mW, 2.4GHz radio transmitter/controller operated by the PIC to control the UAV while in flight;vi  A radio receiver receiving live video and flight data from the on-board camera and computer projects it all together onto a screen for the PIC to view during flight;

 A Visual Observer (VO) is a person who provides a second pair of eyes to visually track the UAV while in flight.

G. UAV M ODEL #7

 A lightweight UAV (8.8 pound gross weight with all on-board equipment), batt ery operated 4-motor rotorcraft in the form of a quadcopter that takes off and lands vertically. Manufac tured by Walkera, Model

– Voyager 3

THE UAV SUMMARY

 An on -bo a rd flight computer with G PS navigation and location ability that

re ce i ves signals for flight controls from a ground-based transmitte r/ controller;

 An on -bo a rd ca me ra capable of capturing i ma gery in the form of full color, high d efinition sti ll pho tos and video;

 An on -bo ard telemetry system that delivers flight da ta from the on -b oard flight computer to the on-board radio tran sm i tter including altitude AGL, horizontal and v erti ca l speed, compass dir ec tion of flight and direction b ac k to its launch site;

 Various safety systems including return to launch point in case of communication or mechanical failure.

SUMMARY OF THE GROUND STATION BASED PART OF THE SYSTEM

 A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who controls the UAV while in the air;

 A 100mW, 2.4GHz radio transmitter/controller operated by the PIC to control the UAV while in flight;

 A radio receiver receiving live video and flight data from the on-board camera and computer projects it all together onto a screen for the PIC to view during flight;

 A Visual Observer (VO) is a person who provides a second pair of eyes to visually track the UAV while in flight.

H. UAV M ODEL #8vii  A lightweight UAV (1.2 pound gross weight with all on-board equipment), batt ery operated 4-motor rotorcraft in the form of a quadcopter that takes off and lands vertically. Manufactured by Syma, Model

– X8C

THE UAV SUMMARY

 An on -bo a rd flight computer with G PS navigation and location ab ility that

re ce i ves signals for flight controls from a ground-based transmitte r/ controller;

 An on -bo a rd ca me ra capable of capturing i ma gery in the form of full color, high d efinition sti ll photos and video;

 An on -bo ard telemetry system that delivers flight da ta from the on -b oard flight computer to the on-board radio tran sm i tter including altitude AGL, horizontal and v erti ca l speed, compass dir ec tion of flight and direction b ac k to its launch site;

 Various safety systems including return to launch point in case of communication or mechanical failure.

SUMMARY OF THE GROUND STATION BASED PART OF THE SYSTEM

 A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who controls the UAV while in the air;

 A 100mW, 2.4GHz radio transmitter/controller operated by the PIC to control the UAV while in flight;

 A radio receiver receiving live video and flight data from the on-board camera 1 and computer projects it all together onto a screen for the PIC to view during flight;

 A Visual Observer (VO) is a person who provides a second pair of eyes to visually track the UAV while in flight.

II. P ROPOSED C OMMERCIAL U SE OF UAV

The re q uested exe mp tion would support an appl ic ation for a com me rcial Certifi ca te of Authorization to use the above described UAV to support the following:

 Closed Set Filming

 Aerial videography of real estate

 Aerial videography for advertising, media and filmviii

 Structural inspection

 Industrial and construction site survey, photography and videography

 Architectur al survey, photography and videography

 Agricultural survey, photography and videography

 Search and rescue

 UAS Training of PIC for both commercial and civil applications

 Insurance adjusting and inspections

 Film set evaluation

 Documentary filming

 Historic documentati on

 Testing of UAV hardware and software

 Creation of UAV Manuals for flight, maintenance and/or safety

III. A DDITIONAL P RECAUTIONS F OR C LOSED S ET F ILMING A RE L ISTED IN THE A TTACHED MPTOM (E XHIBIT 1 ) For all of the reasons listed in the Application and enumerated in the attached documents, an

ex emption for Closed Set Filming is also in the public interest, within the FAA’s authority, and not a danger to the NAS. The safety precautions and procedures mandated and followed by JMedia LLC to create an equivalent level of safety are enumerated in the attached confidential document, Johnsen Motion Picture and Television Operating Manual (“MPTOM”). 1
The Motion Picture Association of America and FAA has reviewed and approved other MPTOMs substantially similar to this manual and found them to be acceptable for closed set UAS filming operations for the television and movie industry.ix



### IV. S AFETY IS I NCREASED AND D ANGER R EDUCED BY THE P ROPOSED UAV U SAGE Generally, UAVs are safer than full-scale aircraft because UAV s are powered by batte ri es, are smaller, lighter and more maneuverable than large r a ir cr aft running on combustible fuel. Additi onally, UAVs op era te a t lo we r altitud es with no people on boa rd and will the re by redu ce

cu rrent risk levels and en hance safety and dim in i sh the likelihood of d ea th or serious bodily in ju ry. With a small payload, flights below 400 feet AGL, and a ma ximum flight time of only 45 mi nutes, UAVs of

fe r little or no risk to national secu rity, the public, air safety or communication.

The proposed specific UAV uses to conduct inspection, filming and videography will reduce hazards and costs

. The UAV’s are effective and preferable tools for the type of photography proposed by Petitioner

. Low level, aerial, oblique photos and video from several angles a re far more effective than ground-based i ma g ery for disp la ying the cha ra c te r is tics of large, complex properties, commercial properties, construction sites, structures and land parcels. Companies in the pas t have cha rt ered 2-seat full- si zed h elicopter s or small piloted aircraft for th is purpose, which ha s prov en to be both costly and dangerous. The benefits of redu ce d cost and improved quality of p resentation and safety from the UAV will be valuable to and benefit the Petitioner and the consumer public.

Additi onally, we reque st that we be allo wed to use our system to benefit first responders n ea r by when practicable who might require a ss i stan ce , including fire fighters, the police, the sheriff, et al., while remaining subj ec t to a ll limitations cited in this appli ca tion as we do so.

V. T HE A PPLICANT WILL F OLLOW R ESTRICTIONS D ICTATED BY N 8900.227

The UAV will be o p erated wi th both a PI C and a VO in acc ordance with F AA Policy N 8900.227 " Op eration al Requirements for UAV " and with the following Restrictions:

(a ) No flight shall be made with a UAV G ross weight ex cee ding 50 pounds; (b) All ope ra tions shall o cc ur in F AA Class G airspace at no more than 400 f eet AGL, a t an

a irsp ee d of no more than 25 knots and no further than 3/4 Nautical Miles (NM) from the PIC; (c) All operations shall utilize a visual observ er (VO). The VO and PIC must be able to communicate by voice at all times during a flight operation ; (d) F li ghts ove r priva te property shall obtain the permission of the p rop erty owner prior to commencement of site inspection, videography etc. (e) The PICs must have a private pilot’s license or a commercial pilot’s license, and at minim um, a Class III medical certificate. PICs mu st h ave accu mu lated and logged, in a

manne r consistent with 14 CFR §61.51 (b), a minimum of 100 flight cycles and 25 hoursx

of to ta l time as a UAV roto rc raft pilot and a t l ea st ten hours logged as a UAV pilot with a simila r UAV ty

pe ; (f ) All required permits will be obtained from sta te and loca l go vernment prior to ope ra tion; (g) The UAV will n ot be operated ove r densely populated a re as or a t air shows; (h) The UAV shall be observable by the PIC or VO at all times without any visual aids other than prescription glasses or contact lenses (i) The UAV will n ot be operated over any open-a ir assembly of people; (j) The UAV will n ot be operated ove r h ea vily tr aff ic ked road s; (k) The UAV will be operated below 200 feet AGL when 5 nautical miles or less from an

a irpor t or heliport; (l) The PIC will bri ef the V O and p rop erty o wn er about the operation and risk b e fo re th e fi rst fl ight a t e ac h new lo ca tion; (m ) No flight may be made without a Pre-Flight Inspection by the PIC be fo re ea ch operation to as ce rt a in that the UAV is in a condition safe for flight.

VI. A PPLICATION S UMMARY
The PIC and VO will mee t the re quirements outlin ed in F AA Policy N 8 900.227 § 16 Personne l Qu a li fi cations. Ad dition ally, the PIC and VO will p erfo r m ma in ten an ce on the system and will comple te a course of ma in tenance inst ru c tion a s part of their initia l tra in ing.

Petitioner submits that the combination of the UAV's light weight, fl ight perfo r ma nc e and

ability, fully quali fi ed flight crew and strict operation under the guidelines established in N 8900.227,

a nd under a ll of the Restrictions (a ) through (o) listed above, the FA A ca n have full confidenc e that the operation will have an equivalent or g re a ter lev el of safety than manned a ir c raft p erfo rming the same mi ss i on. The n ame and contac t in fo rmation of the appli ca nt :
Please Contact Attorney For Applicant : Joshua Furnald, Esq. 2150 East Washington Madison, Wisconsin 53704 Telephone -(608) 347-3471 Email – josh.furnald@gmail.com

App licant: JMedia LLC 402 Broa dway St. Baraboo, WI 53913xi

The regulations from which the exemption is requested are listed below. Beside each regulation number is the page of the attached Addendum upon which each may be found together with our propose d equivalent level of safety for each regulation:

- 14 CF R Part 21......................................................................... Addendum Page 4

- 14 CFR 91.203..................................................................................Addendum Page 12

- 14 CFR 45.23, 45.27.........................................................

...... ... . Addendum Page 6

- 14 CFR 91.9....................................................................................... Addendum Page 8

- 14 CFR 61.113.................................................................................... Addendum Page 7

- 14 CFR 91.109, 91.119,...............................................

............... .. ... Addendum Pag e 10

- 14 CFR 91.121.......................................................................Addendum Page 11

- 14 CFR 91.151...........................................................................

. .. .... .. Addendum Page 11

- 14 CF R Subp art E (91

. 401 - 91.417)

...... .........................................Ad d endum Page 13

- F AA Policy 8900.227 Pa ra g raph 16 (c)(4) and Pa ra graph 16(e)(1) .... See Above, Section IV
This COA follows all precedent established by the FAA and breaks no new legal ground. This COA is in accordance with protocols outlined in this petition for exemption, the enclosed manuals for respective UAVs (“Aircraft Operations Manual”), and any other requirements established by the FAA pursuant to Section 333 of the Reform Act.

The Petitioner is prepared to modify o r amend any p art of this requ est to satisfy the n ee d for an equivalent level of safety. P le a se contact us at any time if you require additional information or

c la rifi cation. We look forward to working with your off ic e

. Sincerely,

Joshua Furnald, Esq.1 

## Addendum

JMedia LLC. re qu ests an exe mp tion from the aforementioned re gu lations as we ll

as an y additional regulations that may technically apply to the operation of the UAV.

I. I NTRODUCTION TO P ETITIONER JMedia LLC combines the pursuits of aviation and photography of its President, Mr.
Wil liam S. Johnsen. Mr. Johnsen is a commercial pilot, professional photographer and
UAV e nthusiast.

This COA will allow Mr. Johnsen’s company, JMedia LLC, to safely and efficiently create a business of both aviation and photography though the use of UAV’s, as intended by Congress.

II. R ELEVANT A UTHORITY R ELATED TO P ETITIONER ’ S C ERTIFICATE OF A UTHORIZATION This p etition for exe mp tion is submitted to adv ance Congre ss’ goal of
in te gr ating UAV safely in to the National Airspace System (“NAS ”)

. In the Re fo rm Ac t, Cong re ss dir ec ted the F AA “ to safely acce le ra te the in tegration of c iv il unmanned aircraft systems in t he n ation al airspace sy st em ,” and, un der Se ction 333 of
that la w, dir ec ted the Secretary of T ra nsportation (“ F AA Administrator”) to consi der whether ce rt a in un manned a ir cra ft systems may op era te safely in the NAS
be fo r e completion of the rule maki ng required under Se ction 332 of the Re fo rm Act. 2

In maki ng th is determination, the F AA Administrator is required to d etermine which types of UAV do not crea te a h azard to us e rs of the NAS or the public or pose a thr ea t to n ational s ec uri ty in light of the following:

• The UAV si ze, weight, sp ee d, and operational capability;

• Op eration of the UAV in close proximity to airports and populated ar ea s; and

• Op eration of the UAV within visual line-of- si ght of the operator. 3

2 Reform Act, Supra Note 1 3 Id. at § 333(b )( 1).2 If the S ec re ta ry d etermines that su ch vehicles “may opera te safely in the National Airsp ace Sy stem, the S ec retary shall establish re qu ir em en ts for the sa fe

op eration of su ch a ir cra ft in the Nation al Air sp ace Sy st e m. ” 4

The FAA Administrator has gen eral authority to grant exe mp tions fr om F AA safety regulations and minimum standards when the Administrator d ec ides a

re quested exe mp tion is in the public in tere st

. 5 A p arty req ue st i ng an exe mp tion must explain the reasons why the exe mp t io n: (1) would benefit the pu blic as a whole and; (2)

w ould not adve rs e ly aff

ec t safety or h ow it would provide a le vel of safety at le a st
eq ual to the ex is ting rule s. 6 Th ere fo re, the Petitioner will demons tr a te how the proposed UAV inf

ra str uc tu re inspection will benefit the public and that the propo sed

op eration will not adve rs ely aff ec t safety of the public and to those operating in the
NAS.

III. Q UALIFICATION FOR A PPROVAL U NDER S ECTION 333 OF THE R EFORM A CT A. The Petitioner’s Proposed Usage Does not Create a Hazard to Users of the NAS or the Public Because of the Reduced Size, Weight, Speed and Operational Capability of the UAV

. The propo sed operations in th i s p etition for exe mp tion qu al if y for expedited

a pproval unde r S ec tion 333 of the Re fo r m Ac t. E ac h of the statutory criteria and other potential ly

re le v ant fa ctors a re satisfi ed.

The propo sed operations would p ermit use of small and relatively inexpensive
UAV s unde r controlled conditions in a irsp ac e that is: (1) limited; (2) prede te rmin ed; (3) controlled as to acce ss, and; (4) would pose an increased le vel of safety beyond
wh at ex is ts when the proposed services are completed by manned, full size aircraft or physical accessing and/or climbing the Communication Facilities, construction sites or buildings.

4 Id. § 333(c)(emphasis added). 5 See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from a requirement of regulations prescribed purUAnt to section 44701 (a) - (b) and sections 44702-44716). 6 See 14 C.F.R. § 11.81; FAA, Petition for Exemptions3 Petition er’s UAV s weigh less than 50 pounds (including payload). Petitioner’s
UAV’ s opera te at a sp ee d of no more than 25 knots and h ave th e ca pability to hove r and move in verti ca l and ho ri zontal planes simultaneously. Such ope rations will insure that the UAV will “not create a hazard to users of the National Airspace System or the public” given the small size of the UAV involved and the restricted environment within which it will operate. This petition for exemption falls squarely within that zone of safety in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UAV to commence immediately.

B. The Pe ti t io ne r ’s Pro po sed Usage Do es not Create a Hazard to Us er s of the NAS or the P ub lic b ec au se the Op er ation of the UAV will be

co ndu cted in Controlled or Sterile Locations, Away from Ai rpo rts and in Unpo pu lated A re as.
The Petitioner’s proposed usa ge do es not create a h aza rd to use rs of the NAS or the public because the UAV’s shall be flown on Private Property after permission is

secure d from the Landlord or Agent. All concerned parties will be given notice prior to the ope rations.

C. The Pe ti t io ne r ’s Pro po sed Usage Do es not Create a Hazard to Us er s of the NAS or the Public because Operation of UAVs will be conducted within VLOS of the PIC or VO at all Times

Petition er’s UAV will opera te in line-of- si ght and

on ly in an area described
h e re and in Exhibits 1

. Petitioner shall not utilize visual aids other than

presc ribed glasses or contact lenses. Petitioner shall always:

 Determine the UAV’s proximity to all aviation activities (and other hazards)
and

 Exercise effective control of the UAV and

 Comply with §§ 91.111, 91.113., 91.115, and

 Prevent the UAV’s from creating a collision hazard and

 VO will inform the PIC when losing sufficient visual contact with the UAV.4 D. Th e UAV wi ll re main below 400 AGL at all ti me s du ring the
o p er ation.

The Petitioner’s UAV will not fly above 400 AG L at any time

. The Petitioner will launch, op era te and reco ver t he UAV from the ground level.
Pe titioner will not launch, operate or recover the UAV from a structure or building.
Th e in sp ec tion method that Petitioner will util iz e will not require the UAV to p a ss above 400 feet AGL to su cce s sfully comple te a n y inspection. Th ere fore , P etitioner’s propo sed usa ge will not pose a haza rd to the NAS b eca u se the UAV will not opera te above 400AGL a t a ny time during the duration of the flight.

Giv en the fo regoing, the Petition er’s proposed usage do es not pose a hazard to
the NAS or to the public. Considering the c le ar statutory language in S ec tion 333
of the Refo rm Ac t, the authority contained in the Federal Avi ation Ac t, as amended, the equivalent level of safety to the public and to the men and women condu cting
inf ra stru c tu re inspections, and the reduction in environmental eff ec t s, the grant of

the requested exe mp tions is in the public in terest. A cc ordingly, Petitioner re sp ec tfully

re quests that the F AA gr ant the requ ested exe mp tion without d elay.

IV. R EGULATIONS F ROM W HICH E XEMPTION I S R EQUESTED

The Fe deral Aviation Act expre ss ly grants the F AA Administrator the

au thority to is sue exe mp tions. By its te rms, th is statutory authority includes

ex e mp ting c iv il a ir craft, as the te rm is defined under the Ac t, including UAV, from
its s afety regulations and minimum stand ards when the Administr ator d ec ides a

req uested exe mp tion is in the public in t ere st

. 7

Petition er asks an exe mp tion from several in terrelated provisions of 14 C. F. R.
P arts 21, 45 and

91 for purposes of conducti ng ae ri al su rv eys and inspections using
UAV . L is ted

below are: (1) the sp ecific sections of 14 C. F.R. for wh i ch

exe mp tion is sought; and (2) the operating procedures and sa fe g uards that Petition er

7 See 49 U.S.C. § 44701(f) authorizing the grant of exemptions from requirements of regulations prescribed pursuant to §§ 44710(a) and (b), §§ 44702 – 44716.5

h as establi sh ed

which will ensure a level of safety equal to or b etter than the rules from
which exe mp tion is sought. 8

A. 14 C.F. R. Pa rt 21, Subp a rt H - Ai rwo rthine ss C er ti fica te s a nd 14 C.F. R. §91.203 ( a) (1).

The Petitioner s ee ks an exe mp tion from 14 C. F.R. Pa rt 21, Subpa rt H, which establishes the procedural requirements for the issuance of air wo r th i ne ss ce rtificates as required by 14 C. F .R§ 91.203 (a ) (1 ). Given the size and limited operating area
associated with the UAV to be util iz ed by the Petitione r, an exe mp tion fr om Pa rt 21, Subpa rt H me e ts the requirements of an equivalent level of safety unde r Pa rt 11 and
S ec tion 333 of the Re fo rm Ac t.

The Fed eral Aviation A ct 9 and S ec tion 333 of the Re fo rm Act 10 both authorize the FAA to exempt a ir craft from the requirement fo r a n air wo r th in e ss

ce rtificate, upon consideration of the size, weight, sp ee d, operational ca pability and

p roximity to airports and populat ed a re as of the particular UAV . In a ll case s, an analysis of these criteria demonstrates that the UAV operated without an

a ir worthines s ce rtifi ca te, in the restricted environment and under the conditions proposed will be at lea st as safe, or safe r, th an a conv ention al rotorcra ft

op erating with an a ir

worthine ss certifi ca te without the restrictions and conditions of the proposed UAV op erations.

Equivalent Level of Safe ty The UAV to be operated hereunder is less than 50 lbs. fully loaded, carries

n either a pilot nor pa sse n ge r, ca r ri es no explosive mate ri a ls or fl a mmable liquid fu els, and operates exclusively within a s ec ured area as set out in the Manual. Unlike other

c iv il aircraft, the proposed operations in th i s petition for exe mp t ion will be controlled
and monitored by the operator, pursuant to the Manual's requirements. Moreove r, the
F AA will have advance notice of a ll op erations conducted under th i s e xe mp tion.

8 See 14 C.F.R. § 11.81(e) which requires a petition for exemption to include: “the reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provided by the rule from which you seek exemption.” 9 See 49 U.S.C. § 44701(f). 10 See Reform Act, Supra note 16 Th e se safety enhancements, whi ch a lr eady app ly to c iv il a ir cra ft op erated in

conn ec tion with ex is ting inspection op erations, provide a g re ater d egree of safety to the public and property owne rs than conv entional operations cond ucted with

a ir worthine ss certif

ic ates is su ed

un der 14 C. F.R. Pa rt 21, Subp a rt H. La st ly, appli ca tion of these sa me criteria d emonstrates that there is no credible threat to

n ational s ec uri ty posed by the UAV, due to its size, sp ee d of operation, location of

op eration, la c k

of explosive mate ri a ls or flammable liquid fu e ls, and inability to

ca rry a substantial ex te rn al load.

B. 14 C.F. R. Pa rt 27: Airwo rthine ss Standard s: No rmal Ca te g ory Ro torcraf

t.

14 C. F.R. Pa rt 27 se ts fo rth the procedural requirements for airworthine ss

ce rtification of norma l ca tegory rotorcraft. To the extent the Petitioner' s UAV

wo uld otherwise require ce rtific ation under Pa rt 27, as a rotorcraft, Petitioner

re quests an exe mp t ion from Pa rt 27 ’ s a ir worthine ss standards for the sa me reasons identi fi ed in the exe mp tion requ e st from 14 C. F.R. Part 21, Subp art H.

C. Ai rcr af

t Marking a nd Iden ti fication Re qu ir ements: 14 C.F.R. §§ 91.9 (c), 45.23(b) and 45.27(a). This p etition s ee ks an exe mp tion from the aircraft ma rking and identi fi ca t ion requirements of 14 C.F.R. §§ 91.9 (c), 45.23(b), and 45.27(a ).

14 C. F.R. § 91.9 (c), Civil a ir cra ft flight manua l, ma rking, and placa rd

r equirements, provides that:

No p erson may op era te a U.S.- re g is tered c iv il a ir craft unless that

a ir cr aft is identified in accordanc e with p art 45 of th i s ch apter. 11
14 C.F.R. § 45.23(b), Markings of the Aircraft, states:
Wh en ma rks include o nly the Roman ca pital letter "N" and the

re g is tration number is displayed on limited, restricted or light- sp o rt
ca tegor y a ir craft or exp erimenta l or provisionall y certifi ca ted

a ir craft, the o perator mu st also disp la y on that a ir cra ft n ear e ac h entrance to the ca

bin, cockpit, or pilot station, in lette rs not less than 2 inche s nor more than 6 inche s high, the wo rds “limited,"

11 14 C.F.R. § 91.9(c).7 "restricted, " "ligh t- sp ort," "experimental, " or "provisional, " as appli ca ble. 12
14 C.F.R. § 45.27 (a ), Ro torcraft, state s: E ac h op erator of a rotorcraft must disp la y on that roto rc raft horizontally on both surf ace s of the ca

bin, fu selage, boom, or tail th e mar ks required by § 45.23. 13

Exe mp tion from § 45.23(b) is warranted because the UAV has no entrance to the ca bin, cockpit, or pilot station on which the re g is tration number can be pla ce d.
M oreove r, given t he si ze of the UAV , two-inch lettering would be impossible.

Giv en the nature of the sp ec ific relief so u ght by th is exe mp tion request,
Pe titioner requires relief from the associated ma rking and identification requirements of § 45.27 (a ) and

§ 91.9(c), which would require co mp l iance with § 45.23(b).

E qu iv a lent Level of Safe ty
An equivalent level of safety for exe mp tions to the a ir cra ft ma rking and
identifi ca tion requirements of §§ 91.9(c ), 45.23(b), and 45.27 (a ), wi ll be provided by
h aving the UAV ma rk ed on its fuselage as required by § 45.29 ( f) wh e re the pilot,
obse rv e r, and

othe rs wo rking with the UAV will see the identifi ca tion of the UAV as "Experimental." Additionally, Petition er will ensur e compliance with any requests of
UAV ma rking by the FAA.

The F AA has is su ed

the following exe mp tions to the a ir craft ma rking

req u ir ements of § 45.23(b): Exe mp tions No s. 10700, 8738, 10167 and 10167A.

D. 14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and L imitat io ns: Pilot in Comma nd

. This p etition s ee ks an exe mp tion from the priva te pilot privileges and li mitations of §§ 61.113 (a) and (b ), whi ch state s: (a) Ex ce pt as provided in pa ra graphs (b) through (h) of th is s ec tion, no p erson who holds a priva te pilot ce rtifi ca te may ac t as pilot in command of an a ir c ra ft th at is ca rrying pa sse ng er s or property for compensation or hire; nor may that person, for co mp ensation or hire, ac t
a s pilot in command of an aircraft.

12 14 C.F.R. § 45.23(b). 13 14 C.F.R. § 45.27(a).8 (b) A private pilot may, for compensation or hire, ac t as pilot in command of an aircraft in connection with any business or

e mp loyment if:
(1) The fl ight is on ly incidental to that busine ss or e mp loyment; and
(2) The aircraft does not carr y pa sse ngers or propert y fo r compensation or hire. 14

14 C. F.R. § 61.113 (a ) limits priva te pilots to b eing in command of nonc ommercial flights. 14 C.F.R. § 61.113(b)(1) provides an ex ce ption that allows a private pilot to command

an a ir craft without passenge rs or p rop erty, in conn ec tion with busine ss or e mp loyment
if "[t]the flight is only incidental to that business or

e mp loyment ." 15 The stated

ex ce ption likely does not apply to the proposed op erations un der th is petition for

e xe mp tion, as the flights a re not incid ental to the propo sed ae rial surveys and inspections but rather essential to it. A cc ordingly, the Petitioner s ee ks an exe mp tion to
14 C. F.R. § 61.113(a)'s commercial limitation and/or 14 C. F.R. § 61.113(b)(1)' s requirement that the flight be incid ental to the busine ss to benefit from the ex ce ption.

E qu ivalent Level of Safe ty As required by the Manua l, Petitioner's UAV op erators ac ting a s PIC wi ll hold

a commercial and/or priva te pilot ce rtifi cation a nd h ave rotorcraft expe ri en c e. B eca use the UAV will not ca rry a pilot or pa sse ngers, the propo sed operations ca n

ac hieve the equivalent level of safety to 14 C.F.R. §§ 61.113 (a) and (b ).

Unlike a conventional a ir craft that ca rries the pilot and p assengers, the UAV
is re mo tel y controlled with no passengers on board. Moreover, the area of operation is

c ontrolled and restricted, and a ll flights a re planned, coordinated, and briefed to the

a p propria te o ffici al in ad van c e.

Petitioner ca n ac hieve an equivalent level of safety as achieved by current Regulations b eca

use the UAV do es n ot ca rry any pilots or passengers. Furthe r, while
h elpful, a pilot l ic ense will no t ensure re mo te control piloting skills, th ou gh

14 14 C.F.R. § 61.113 (a) and (b). 15 14 C.F.R. §61.113 (b)(1)9

Petitioner’s pilot vetting and tr a in i ng prog ra ms will ensure the PIC has substantial

ex pe ri en ce on the a ir frame. Furthe r, priv a te pil ot l ic ens ee s will operat e Petitioner ’s
UAV with the sa me skil l. The risks attend ant to the op eration of Petitioner’s U AV

a re far less than the risk leve ls in herent in the commercial activities outlined in 14
C. F.R. § 61, e t se q. Thus, allowing Petitioner to op era te i ts UAV with a priva te pilot
as the PIC will ex ce ed

current safety lev els in relation to 14 C.F.R. §§ 61.113 (a) and (b ).

E. 14 C.F.R. § 91.9( B) (2): Civil Ai rcr af t Flig h t Ma nu al in the Ai rcr af t.
The Petitioner s ee ks an exe mp tion from the flight manual requirements of 14 C. F.R. § 91.9 (b)(2), wh ich state s:

(b) No person may op e ra te a U.S.- re g iste r ed c iv il a ir cra ft
(2) For which an Airplane or Rotorcraft Fligh t Manua l is not

r equired by § 21.5 of th is chapter, unless there is available in the

a ir c ra ft a current approved airplane or Rotorcraft Flight Manual, appro ved manual mate ri a l, ma rkings, and p l aca rds, or an y combination the re of. 16

Giv en its si ze, configu ra tion, and load ca p ac ity, the UAV has no ability to

ca rry su ch a manual on the a ir craft, not on ly be ca use th e re is no pilot on board, but
b eca use there is si mply no room or ca p ac ity to carry su ch an item on the aircraft.

E qu ivalent Level of Safe ty The safet y related purpose of th i s manua l requirement ca n be equall y satisfied by maintaining the UAV fl ight manual at the ground control point wh e re the pilot flying the UAV will h ave immedi a te a cc e ss to it. A cc ordingly, Petitioner requests an exe mp tion fr om § 91.9 (b ) (2 )'s flight manual requirements, on the condition
that the UAV fl ight manual be available at the control point during each operation.

The FAA has is su ed

the following exe mp tions to th is r eg ulation: Exe mp tion Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.
F. 14 C.F .R. § 91.7(a): Civil Ai rcr a ft Airwo rthiness.

16 14 C.F.R. §91.8 (b)(2)10 This p etition s ee ks an exe mp tion from 14 C. F. R. § 91.7 (a), whi ch requires
that a c iv i l a ir cra ft be in an airwor th y condition to be op er ated. Inasmuch th e re wi ll be no a ir

worthine ss ce rtifica te is su ed for the UAV , should th is exe mp tion be granted, no F AA re gulatory standa rd will exist for d e te rmining air wo r th in ess.

E qu ivalent Level of Safety
Giv en the si ze of the UAV and the requirements contained in the Manual for
maintena nce and use of safet y c h ec klists prior to each flight, an equivalent level of safety will be provided.

The FAA has is su ed

exe mp tions to th is r eg

ulation in the following situations: Exe mp tion Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B , 10167, 1 0167A, 10602, 32827, and 10700.

G. 14 C.F .R. § 91.103: Preflight Action. This p etition s ee ks an exe mp tion from § 91.103, whi ch requires a PIC to b ec ome familiar w ith sp ec ific information be fo re e ac h fl ight, including information
contained in the F AA approved Flight Manual on boa rd the a ir cra ft

. 17 In asmuch as an
F AA approved flight manual will not be provided for the UAV , an exe mp tion is requested.

E qu ivalent Level of Safe ty An equival ent level of safety will be provided by following the Aircraft
O perations Manual comprehensive pre fl ig ht ch ec klist. The PIC will ta ke a ll actions, including revie wi ng w ea ther, flight bat te ry re quirements, landing and takeoff
dis tan ce s, and a ir cra ft performan ce d ata, be fo re in itiation of fl ight.

H. 14 C.F.R. § 91.109(a): Flight In st ruction.

The Petitioner seeks an exe mp tion from 14 C. F. R. § 91.109 (a), whi ch provides that “no person may opera te a civil a ir c ra ft (ex ce pt a manned free balloon)
that is b eing used

for flight inst ru ction unless that aircra ft h as fully fu n ction al du al
controls.” 18 UAV and re mo tely piloted a ir craft, by their de si gn do not have fully

17 14 C.F.R. §91.03 18 14 C.F.R. § 91.109(a).11

fu nc tion al du al controls. Ins te ad, fl ight control is acc omplished through th e use of a control b o x communicating with the UAV via radio communications.

E qu iva lent Level of Safe ty Giv en the si ze and sp eed of the UAV , an equival ent level of sa fe tra in ing

can st i ll be p erformed without dual controls because no pilot or passenge rs are aboa rd the UAV, and all persons will be a sa fe dis tan ce away should the UAV

expe ri en ce any d ifficulties during fl ight inst ru ction.

The FAA has approved exe mp tions for flight tr a in i ng without fully functional
du al controls for a number of aircraft and for fl ight inst ru ction in experimental

a ir cr a ft

. 19

I. 14 C.F.R. § 91.119: Minimum Safe Altit ud e s. This p etition s ee ks an exe mp tion from the minimum sa fe altitude requirements
of 14 C. F.R.§ 91.119. This S ec tion prescribes the minimum sa fe altitudes under which

a ir craft may not operate, including 500 fe et above the sur fa c e and away fr om any
p erson, ve ss e l, vehicle, or struc tu r e in non-congested a re as. 20 Section § 91.119(d)(1)

a llows for a helicopter to op er a te at less than those minimum altitudes wh en it ca n be

op erated “without haza rd to persons or p roperty on the surface,” provided that “each

p erson operating th e h elicopter complies with an y route s or altitude s
sp ec ifi ca lly prescribed for helicopter s by the FAA.
To provide the in tend ed

inspections, the UAV wi ll normally n ee d to be

op erated within a range of approxima te ly 50 feet from the infra st ruc tu re b eing inspected. A cc ordingly, due to the n ature of the proposed op erations, the PIC and the
VO may at times be less than 500 fee t a way from s tr uctures during the operation, and

an exe mp tion is therefo re required.

E qu ivalent Level of Safe ty Compa re d to fl ight o perations with rotorcra ft weigh i ng far mo re than the

ma ximum 50 pounds proposed herein, and the lack of fl a mmab le fu e l, any risk associated with these operations is far less than those presently presented with

19 See Exemption Nos. 5778K and 9862A. 20 See 14 C.F.R. § 91.119(c).12

co nventional a ir c raft. An equival ent level of safety will be ac hieved given the si ze, weight, sp eed

of the UAV as we ll as the location where it is operated. As set fo rth
in the Manua l, the UAV will be op erated in a restricted a re a , wh e re building s and

p eople will not be exposed to op erations. Be ca u se of the adv ance noti ce , a ll
aff ec ted individuals will be awa re of the planned flight operations as set forth in the
Ma nua l. Furthe rm ore, by operati ng at su ch lower altitude s, the UAV will not in ter fere
with other a ir cra ft that a re subj ec t to the minimum sa fe altitude regulations.

J. 14 C.F.R. § 91.121: Alti me ter Settings.
The Petitioner seeks an exe mp tion from 14 C. F. R. § 91.121, which

r equires a person operating an a ir cra ft to maintain cruising altitude or flight level by
reference to an altimeter that is set to the e le v ation of the d eparture airpo rt or b arometric pressure. 21 An exe mp tion is required b eca use the UAV do e s not h ave a b a ro metric altimet er, but ra th er a GPS altitude read out.

E qu ivalent Level of Safe ty
An equivalent level of safety will be ac hieved by following the procedures set
fo r th in the M anua l. As presc ri bed in the Manua l, the op erator will confirm the
altitude of th e launch si te shown on the GPS altitude indi ca tor be fo re fl ight. Prior

to e ac h flight, the PIC will reset the altimeter to ze ro and will fly the UAV below
400 f eet AGL. Moreove r, the PIC will use the GPS altitude indi ca tor to constantly
monitor the UAV height, thus ensuring operation at sa fe altitud e s.

K. 14 C.F.R. § 91.151(a): Fuel Re qu ir emen ts for Flig ht in VF R Cond itio ns . The Petitioner s ee ks an exe mp tion from 14 C. F.R. § 91.151 (a )'s fu el requirements for flight in VFR conditions. S ec tion 91.151(a) state s:

(a ) No person ma y begin a flight in an a ir plane unde r VF R

c onditions unless (considering wind and fore cast w ea th e r conditions) there is eno ugh fu el to fly to the fi r st point of in tend ed landing and, a ssu ming n o rm al cruising sp ee d
(1) Du ring the day, to fly a ft er that fo r at le a st 30 minutes; or

21 See 14 C.F.R. § 91.12 1.13 (2) At night, to fly a ft e r t h at for at lea st 30 minutes. 22

The b attery powe ri ng the UAV s described provide less than one half-hour of

p owered flight. An exe mp tion from the 30 minute reserve requirement in 14 CFR §
91.151 is t herefo re required.

E qu ivalent Level of Safe ty
An equivalent level of safety can be ac hiev ed b y limiting flights to 30 minutes or 25% of battery powe r, whi chev er h app ens fi rst. This restriction would be more than
ad equa te to return the UAV to its planned landing zone from anywhere within its
li mited operati ng ar ea

. Op eration of the UAV with less than 30 minutes of reserve fu el
do es not engender the type of risks that S ec t ion 91.151 (a ) was in tended to alleviate

g iven th e si ze and sp ee d of the small UAV

. Moreov er, op erations will be limited

to controlled a re as whe re permission to perform UAV services has been obtained and all concerned parties given notice.

This requ e st for exe mp tion falls within the scope of prior exe mp t ions. 23

L. 14 C.F.R. §§ 91.203(a) and (b): Carrying Civilian Aircraft Certification and Registration. This pe tition s ee ks an exe mp tion from c iv il a ir craft ce rtification and

re g istr ation requirements of 14 C.F.R. §§ 91.203 (a) and (b )

. The re gulations provide
in pe rtinent part:

( a) Ex ce pt as provided in § 91.715, no person may opera te a c iv i l

a ir craft unless it has within it the following:
(1) An appropriate and cur re nt a ir worthine ss certifi ca te
(b) No p erson may o perate a c iv il a ir cra ft unless the a ir worthine ss
ce rtifica te required

by p ar a gr aph (a) of th is section or a sp ec ial flight authorization issued un der § 91.715 is disp la yed at the ca bin or

co ckpit entrance so that it is leg ib le to pa sse nge rs or crew. 24

22 14 C.F.R. § 91.1 51 (a).
23 See e.g. Exemp ti on

10673 (allo wi ng Lockheed Mar ti n Corporati on to operate wit ho ut co mp li an ce
w it h § 91.151 (a)); see al so FAA Exemp ti ons 26 89F, 5745, 10673, and 108 08.

24 14 C.F.R. §§ 91.203 ( a) a nd (b).14 In addition to the fact that Petitioner is s ee king an exe mp tion from the

a ir worthine ss ce rtifica te requ irements, an exe mp tion to th is r eg ulation is n ece ssa ry because: (1) the UAV ’s load ca pacity and size does not allow it to ca rry ce rtification and reg is tration documents; (2) the UAV do es not have a cabin or cockpit entrance at which the documents could be disp la y ed; and (3) th ere a re no p assengers or c re w for
whom the certificates n ee d be displayed.

E qu ivalent Level of Safe ty To the extent these regulations a re appli ca ble to the proposed UAV

op erations, an equivalent level of safety will be ac hieved by k ee ping these documents at the ground control point whe re the pi lot flying the UAV will have immediate ac ce ss to them.

The F AA has is su ed

n u me rous exe mp tions to th is re gulation. A represen ta tive

sa mp le of other ex ce ptions include Exe mp tion Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

M. 14 C. F.R. §§ 91.405(a)(1 ); 91.407(a)(1); 91.409(a)(1); 91.417(a)

a nd (b): Maintenance Insp ec tions
The Petitioner s ee ks an exe mp tion from the maintenance inspection requ ir ements of
14 C. F.R. §§ 91.405 (a); 91 .407(a)(1 ); 91.409 (a ) (2 ); 91.417 (a) and (b ). Th ese

re gulations sp ec ify maintenance and inspection standards in reference to 14 C. F.R.
Pa rt 43

. 25 An exe mp tion to th e se re gulations is n ee d ed b eca use Pa rt 43 and

the
stated s ec t ions apply only to aircraft with an a ir

worthine ss certifi ca te, which the
UAV will not have.

E qu ivalent Level of Safe ty
An equivalent level of safety will be ac hieved because maintenance and inspections will be performed in a cc ordance with the Ai rcra ft Operations Manual. 26

As provided in the Manual, the PIC will ensure that the UAV is in wo rking order prior

to in itiating flight, ove rs ee and a ss i st in performance of required maintenan ce , and

25 See e.g. 14 C.F.R . § 91.405(a) (sta ti ng th at each owner or o pe rator of an

aircraft inspect ed as prescribed i n subpart E of this part and sh all betwe en requir ed i ns pec ti ons

. . . . h av e discrepancie s
r ep air ed as presc ri b ed

in part 43 of

this ch ap ter”). 26 See Manual15

k ee p a log of any maintenance performed. The PIC is the person most familiar with
the a ir cra ft and

b e st suited to maintain the aircraft in an a ir worth y condition to provide the equivalent level of safety.
I f mech anical is su es arise, the UAV ca n land immedia te ly and will be

o p erating from no higher than 400 f ee t AGL in an unpopulated area. Moreove r, the
UAV 's small si ze, ca rrying cap ac ity, and the fact that flight operations will only take place in restr icted areas for limited periods of time, crea te less risk than the sa me f ac tors associated with conventional fi xed -wing a ir cra ft and roto rc raft performing the same operation.

V. P UBLIC I NTEREST
Consistent with the requirements of 14 C. F.R. § 11.81(d), Petitioner offe rs the
followi ng reasons why granting th is p etition for exe mp t io n is in the public inte rest, i.e., how granting it would benefit the public as a whole. Approval of exe mp ti ons allowing commercial operations of small and lightweight UAV in the inf ra stru cture inspe ct ion industry benefits the public as a whole in severa l way s. F irst, gr anting the Petitioner’s exe mp t ion helps fulfill Congress' goal in

pa ss ing S ec tion333(a) through (c) of the Re fo rm Ac t, n a me ly, the F AA
Administra to r's assessment of wh e ther ce rt a in UAV may o perate safely in the National Airsp ac e System be fo re completion of the rule making required unde r S ec t ion 332 of the Reform Ac t.
Nex t, the Petitioner’s proposed op eration si gnifi ca ntly improves safety and
reduces risk con ce rni ng inf ra str ucture in sp ec tion by alleviati ng human exposure to da nge rs a ss ociated with cur re nt ae ri al survey and inspection methods. Manned
h elicopters p er fo rmi ng utility-po we r generation inspections and patrols have

ex pe ri en ce d an ex ce edingly h igh n umb er of accidents and fatalities.
Oth er Communication Facility inspection methods include util iz ing a climber

or te am of climbers. To e mp loy this method, human beings must physically climb the Communication Facility and document the condition of the Facility using hand-held cameras. In 2013 approximately one individual perished per month while conducting these activities. These deaths and injuries can be completely avoided by replacing this work with a UAV, PIC
and VO.16 Further, Petitioner's UAV are battery powered and crea te no emi ss i ons. If
Petitioner's UAV c ra sh e s, th e re is no fu el to ignite and explode. Any imp ac t of
Pe titioner's lightw eight UAV is far less than a full si z e h el ic opter. The publ ic 's inte rest is fu rthe re d

by minimizing ec olog ic al imp act of an accident and by reducing human

ex posure to potentially ha rm ful emi ss ions associated with manned a ir craft.
Final ly, ae ri al surveys and videography/photography are valuable tools for

c o m m e r c i a l inspections. Ho we v e r, proble ms with safety, cost, statisti ca l in teg ri ty, and log is tics co ntinue to imp ede ae ri al surveys a nd inspections from conventional

man ned aircraft. The use of UAV s addresses these proble ms and is a powerful tool for performing a wide-ran ge of inspe ction, survey, videography and photography appli ca tions. The public as a whole wi ll b enefit from the safer and more c os t-effective

ut ility ae ri al servi ce s that UAV operations provide.
VI. P RIVACY All flights will o cc ur over Op er ations to be co ndu cted ov er public or
controlled ac c ess property. Additionally, all flight operations will be conducted in an area devoid of spectators or uninvolved participants. A ll permissions will be g ained by a ll offici al p e rs onn el, landlords, organizations and/or individuals present in the surveyed or photographed a re a. Addition ally, the U.S. Supre me C ourt has he ld th a t “‘[a] p erson tr av eling in an automobile on public thoroughfares has no reasonable exp ec tation of privacy . . . .’” 27
Th erefore, Petitioners use of UAV does not pose a privacy th r ea t to mo torists

tr aveling on the ro a dw ay inadve rt e ntl y ca ptured on video b e ca

u se th ey h ave no

r ea sonable exp ec tation of priv ac y. Howeve r, to fu rther prot ec t individuals who have
h ad their i ma ge ca

ptured during an inspection, the Petitioner will sanitize the
l ik enesses of individuals from the final product provided to the custome r.

VII. F EDERAL R EGISTER S UMMARY

A. 14 C. F.R. Pa rt

21, S ubp a rt

H - Ai r wo r th in e ss Certifi ca tes and 14 C. F.R. §
91.203 (a )(1 ).
B. 14 C.F.R. Part 27 : Ai r wo r th in e ss Standards: Normal Category Rotorc ra ft.

27 U.S. v. Jones , 132 132 S.Ct. 945 (2012) quoting U.S. v. Knotts , 460 U.S. 276, 281 (1983).17

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and
Id enti fi ca tion Requirements
D. 14 C. F.R. § 61.113 (a) and (b) : Priva te Pilot Privileges and Limitations:
Pi lot in Command.
E. 14 C .F.R. § 91.9(B)(2) : Civil Aircraft Flight Ma nu al in the Aircraft.
F. 14 C.F.R. § 91.7(a) : Civil Aircraft Airworthine ss. G. 14 C.F.R. § 91.103 : Pre fl ight Action.
H. 14 C.F.R. § 91.109 (a ) : Flight Instruction.
I. 14 C.F.R. § 91.119 : Minimum Sa fe Altitudes.
J. 14 C.F.R. § 91.121 : Altimet e r Sett in gs K. 14 C.F.R. § 91.151(a) : Fu el Requirements for Flight in VFR Condit io ns L. 14 C. F.R. § 91.203(a) a nd (b ) : Carrying Civilian Aircra ft Certifi ca tion and Reg istr ation.
M. 14 C. F.R. §§ 91.405 (a )(1); 91.407(a)(1 ); 91.409 (a )(1 ); 91.417 (a ) a nd ( b) : Ma in ten an ce Insp ec tions

VIII. C ONCLUSION

The Petitioner moves the F AA Administrator to grant th i s exe mp tion. Giv en the
fo regoing, the Petitioner’s proposed usage does not po se a h aza rd to the NAS or to the public. Considering the c le ar statutory la ngua ge in S ec tion 333 of t he Re fo rm Ac t, the authority contained in the Fe d eral Aviation Ac t, as amended, the equivalent
lev el of safety to the public and to the men and women cond u cting inf ra structure inspections, and the reduction in environmental eff ec t s, the gr ant of the requested

exe mp tions is in the public in terest. A cc ordingly, Petitioner re sp ectfully requests that
the F AA grant the re qu ested exe mp tion without delay. Thank yo u,

Joshua J. Furnald Counsel for Petitioner Submitted on August 5, 201518 

## Exhibit 1

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