1 | P a g e UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETI TION FOR EXEMPTION OF: ARAUS LLC

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS CONCERNING COMMERCIAL OPERATION OF THE DJI S900 UNMANNED AIRCRAFT SYSTEM PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on May 25, 2015

Kenneth E Kroeger on behalf of ARAUS LLC 7249 Parsons Court Alexandria, VA 22306 410-487-13502 | P a g e Dear Sir or Madam, I, Kenneth Kroeger; hereinafter known as the petitioner, PIC, and owner of ARAUS LLC; am writing pursuant to the FAA Mode rnization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, an owner a nd operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I may operate my SUAS commercially in airspace regulated by th e Federal Aviation Administration (“FAA”). The petitioner has been active in the RC model aviation industry for nearly 20 years with countless hours of flight tim e. I have both BS and MS degrees in Mechanical Engineering with a focus in flight control systems and currently pursuing a PhD in Electrical Engineering. Regarding my PIC experience, I was the PIC for Virginia Polytechnic Institute and State University’s Unmanned Systems Lab from 2010~2013. Through the certification pr ocess in obtaining and operating their COA (2009- ESA-3, 2010-ESA-28, 2010-ESA-13, 2011-ESA-6-COA, 2011-ESA-61-COA-R, 2012-ESA-56-R, 2012-ESA-77) , I obtained both a Pilot’s Ground School Ex amination Certificate and obtained a continually update my 2 nd Class Airmen’s Medical Certificate. These operations required that I was proficient in configuring, main taining, and operating fixed-wing, rota ry-wing, and multirotor aircraft platforms. Most notable aircraft platforms that I was PIC for was the Yamaha RMAX, Aeroscout B1- 100, Sig 110 and Kadet Seniors, Bergen Industrial Twin, and various ot her aircraft. While PIC, there were no incidents and no lapses in policy keepin g, record keeping, and maintenance. Additionally, operations as PIC were improved upon to further safety of flight personal, spectators, and to ensure that operations were safe, smooth, prof essional, and efficient. I am interested in operating a small unmanne d aircraft systems (sUAS) such as the DJI Spreading Wings S900 commerciall y in airspace regulated by the Federal Aviation Administration (FAA) for the purpose of collecting aerial video, photography, and sensory data to be used in support of precision agriculture applications , mapping and inspection operations , and expansion of basic and fundamental research principles a nd applications relating to the above over rural areas within the United
States. Finding stressed vegetation is one of the most important aspects of farming as this has a direct impact on resulting crop yields whic h directly affects revenue and th e global market supply. Stressed vegetation can result from a variety of sources such as pests, nutrient or water deficiencies, or improper planting techniques. However, findi ng stressed vegetation is often th e most challenging aspect for a farming operation because of the magn itude and scale of the proposition. Leveraging sUAS technologies
would provide farmers real-time actionable inform ation about the health of their crops. This would enable farmers, field management, and agronomists to independently develop an acute understanding for the location and distribution of stressed crops in their fields. This know ledge will be obtained by conducting field surveys with the sUAS providing the farmer with immediate actionable information for their fields ensuring an increase in yields and pr oductivity. Through a heightened awareness of location and distribution of crop stress, the farmer will also be able to further ensure a reduction of applied chemical treatments and thus decrease operational co sts, decrease runoff, and increase compliance with their nutrient management plans. Commercial operations will be performed only at the request of and with the authorization and permission of clients, communities or their authorized agents in order to facilitate commerce and raise3 | P a g e awareness of the responsible and beneficial uses of small unmanned air systems. Operations will be
conducted in accordance and under the conditions outlined herein or as may be established by the FAA as required by Section 333. Granting the request complies with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrat e UAS's into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” unde r Section 333(c) of the Reform Act sp ecific to the use of UAS's for real estate and other community related purposes . Further the petitioner will conduct ARAUS LLCs operations in compliance with the protocols describe d herein or as otherwis e established by the FAA. The petitioner believes that with his background and other related qualific ations he can greatly contribute to the FAA in explori ng the proper integration of the UAS into the NAS for purposes other than cinematography applications. For the reasons st ated below the petitioner respectfully requests the grant of an exemption allowing the petitioner/PI C to operate a remote controlled sUAS for the commercial purpose of collecting aerial video, photography, and sensory data to be used in support of precision agriculture applications, mapping and in spection operations, and expansion of basic and fundamental research principles and applications relating to the above over rural areas under 400 feet and within Class G airspace within the United States. Thank you,

ARAUS LLC

_________________________ Kenneth E Kroeger

7249 Parsons Court Alexandria, VA 22306 410-487-13504 | P a g e 

## TABLE OF CONTENTS

TABLE OF CONTENTS ......................................................................................................................... 4

GLOSSARY OF ABBREVIATIONS ..................................................................................................... 6

PUBLISHABLE SUMMARY .................................................................................................................. 7

NAME AND ADDRESS OF THE PETITIONER ................................................................................. 7

ARAUS LLC’s OPERATIONS ............................................................................................................... 7

The sUAS ...................................................................................................................... ........................... 7 Flight Conditions ............................................................................................................. ........................ 8
Flight Operations ............................................................................................................. ........................ 8
AIRCRAFT AND EQUIVALN ET LEVEL OF SAFETY .................................................................... 9

Additional Autopilot Characteri stics Demonstrate Its Equivalent Level of Safety ............................... 10
Flights to be Conducted Pursuant to Specific Operating Limitations .................................................... 11
Addressing Typical Concerns of NAAA, ALPA, and USHPA ............................................................. 15

PUBLIC INTEREST AND SAFETY .................................................................................................... 16

PRIVACY ....................................................................................................................... ....................... 16 The Reasons Why Granting ARAUS LLC’s Request Would Be in the Public Interest; That Is, How It Would Benefit the Public as a Whole. .......................................................................................... ......... 17
The Public Will Benefit From Decreased Congestion Of The NAS. ................................................. 17
The Public Will Benefit From The Safety And Efficiency Of The DJI S900 Platform UAS. ............ 17
Performing Aerial Video and P hotography Operations with the DJI S900 Platform UAS Will Benefit the Economy. ........................................................................................................................ 18
Performing Aerial Video and P hotography Operations with the DJI S900 Platform UAS Will Benefit the Environment. ................................................................................................................... 18
14 C.F.R.21(h): Airworthiness Certificates .................................................................................... ....... 19

14 C.F.R 43.7: Persons authorized to approve aircraft, airframes, aircraft engines, propellers, appliances, or component parts for return to se rvice after maintenance, preventive maintenance, rebuilding, or alteration ..................................................................................................... ..................... 19 14 C.F.R. 43.11: Content, form, and disposition of records for inspectio ns conducted under parts 91 and 125 and 135.411(a)(1) and 135.419 of this chapter ........................................................................ 20
14 C.F.R. 45.11(a,b,c): Marking of products ................................................................................... ...... 21
14 C.F.R. 45.27(a): Location of marks, nonfixed-wing aircraft ............................................................ 21
14 C.F.R 45.29 (3): Size of marks ............................................................................................. ............ 22
14 C.F.R. 61.56: Flight Review ................................................................................................ ............. 22
14 C.F.R. 61.113(a)(b): Private pilot privil eges and limitations: P ilot in command ............................. 23
14 C.F.R. 61.133: Commercial pilo t privileges and limitations. ........................................................... 25
14 C.F.R. 91.7(a): Civil aircraft airworthiness ............................................................................... ....... 265 | P a g e 14 C.F.R. 91.9(b2 & c): Civil aircraft flight manual, marking, and placard requirements .................... 26
14 C.F.R. 91.103(b2): Preflight action ........................................................................................ .......... 27
14 C.F.R. 91.105: Flight cr ewmembers at stations .............................................................................. .. 27
14 C.F.R. 91.113(b): Right-of-way rule s: Except water operations ...................................................... 27
14 C.F.R. 91.119(b)(c): Minimum safe altitudes: General .................................................................... 28
14 C.F.R. 91.121: Altimeter Settings .......................................................................................... ........... 28
14 C.F.R. 91.151: Fuel requirements for flight in VFR conditions ....................................................... 29

14 C.F.R. 91.403: General ..................................................................................................... ................ 30
14 C.F.R. 91.405 (a)(d): Maintenance Required ................................................................................. .. 30 14 C.F.R. 91.407 (a)(b): Operation after maintenan ce, preventative maintenance, rebuilding, or alteration .................................................................................................................... ............................ 31
14 C.F.R. 91.409: Inspections ................................................................................................. ............... 32

14 C.F.R. 91.417: Maintenance records ......................................................................................... ....... 32
The FAA May Prescribe Any Other Conditions For Safe Operation. ............................................... 32

CONCLUSION

.............................................................................................................................. ......... 34

APPENDICES

.............................................................................................................................. ........... 35

APPENDIX A: DJI Spreading Wings S900 TECHNICAL SPECIFICATIONS .................................. 35
APPENDIX B: Spektrum DX8 TECHNICAL SPECIFICATIONS ..................................................... 36

APPENDIX C: ADDITIONAL CHECKLISTS .................................................................................... 366 | P a g e 

## GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control ATO Air Traffic Organization

AV Aerial Vehicle CFR Code of Federal Regulations

COA Certificate of Authorization ELOS Equivalent Level of Safety

FAA Federal Aviation Administration FAR Federal Aviation Regulation

GCS Ground Control Station

GSC Ground Station Commander GPS Global Positioning System

LOL Loss of Link NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

RC Radio Control
Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer SOP Standard Op erating Procedures

UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Mete orological Conditions

VO Visual Observer VTOL Vertical Takeoff and Landing7 | P a g e 

## PUBLISHABLE SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summa ry is provided for public ation in the Federal Registrar, should it be determined that publication is needed:

ARAUS LLC seeks exemption from the requirements of:

14 C.F.R §§ 21(h), 43.7, 43.11, 45.11 (a,b,c), 45.27(a) , 45.29(3), 61.56, 61.113(a,b), 61.113, 91.7(a), 91.9(b2, c), 91.103(b2), 91.105, 91.113(b), 91.119(c) , 91.121, 91.151, 91.403, 91.405(a,d), 91.407(a,b), 91.409, 91.417 , to operate commercially a small Unmanned Aircraft System (sUAS) pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). Approval of the exemptions requested by ARAUS will allow for commerci al operations of the DJI S900 sUAS to be conducted for the purposes of collecting aerial vide o, photography, and sensory data to be used in support of precision agriculture applications, mapping and inspection operations, and the expansion of basic and fundamental research principles and applicatio ns related to the above over rural areas under 400 feet and within Class G airspace within the United States. The requested exemption should be granted because the operation of a small UAS, weighing approximately 8.2kg, inclusive of battery and payload, co nducted in the strict conditions outlined below, will provide an equivalent level of safety, as Congress intended, while still allowing for commercial operations. A dditionally, given the extenuating ci rcumstances of the petitioners previous operational experience with cer tification of authorized UAS as PIC (2009-ESA-3, 2010-ESA28, 2010-ESA-13, 2011-ESA-6-COA, 2011-ESA- 61-COA-R, 2012-ESA-56-R, 2012-ESA-77)

, exceptional safety record, and requirements of PIC at that time, the petitione r would stress that the equivalent levels of safety as Congress had initiall y intended will be far exceeded within this request for exemption. The lightweight aircraft covered by the exemp tion are far safer than current conventional operations conducted with helicopters and fixed- wing aircraft weighing thousands of pounds and operating using combustible fuels, and operating in close proximity to the ground. The seven factors Congress directed the FAA to consider when appr oving Section 333 exemption pe titions - size, weight, speed, operational capability, proximity to airports, proximity to populated areas, and operation within visual line of sight – each support the request. In part icular, the aircraft are small, and will operate at slow speeds, and close to the ground in order to more safely and efficiently conduct field surveys. The substantial increase of safety and de crease of risk to human life, coupled with the low risk use of sUAS to conduct these operations, and the experience of the petitioner weighs heavily in favor of granting the exemption.



## NAME AND ADDRESS OF THE PETITIONER Kenneth Edward Kroeger ARAUS LLC 7249 Parsons Court Alexandria, VA 22306 Phone: 410-487-1350 Email: kkroeger@araustech.com



## ARAUS LLC’s OPERATIONS

The sUAS ARAUS LLC seeks an exemption to operate the DJI S900 UAS for compensation or hire within the8 | P a g e NAS. The DJI S900 is a vertical takeoff and landi ng (VTOL) Unmanned Aircra ft (UA) with a Ground Control Station (GCS) utilizing el ectronic laptop, tablet, or smart phone systems. The DJI S900 has a maximum gross weight of approximately 8.2kg, while having a length of 0.9m, a width of 0.9m, a height of 0.6m, and a maximum speed of appr oximately 20 knots. The DJI S900 UAS is equipped with six main electric powered rotors driven by Lithium Polymer batteries. The sUAS will have the following specifications or equivalent:
Airframe: DJI S900 Control System: 3DR Pixhawk TX: Spektrum DX8 RX: Spektrum 9020
Motors: DJI 4114-11 Propellers: DJI-Innovations Composite folding blades with 15” diameter s and 5.2” fixed propeller pitch
TX Data Link: TM1000 Primary Control Link: 2.4 GHz Primary Telemetry Link: 900 MHz Video/Secondary Data Link: 5.8 GHz Gimbal: Depends on Mission Batteries: Flight: 6S 15000-20000 mA h Accessories: 4S 2500-4000mAh Flight Time: 20+ minutes typical Payload Max: 9.5 lbs for batteri es and additional payloads Operating velocities: Never Exceed 15m/ s Typical Operating <5m/s



### Flight Conditions

The proposed DJI S900 sUAS will be flown and opera ted within Class G airs pace under 400 feet AGL. ARAUS will only operate the sUAS in visual mete orological conditions no less than 2,000 feet horizontally from a cloud or when visi bility is at least 3 statute miles from the PIC. The aircraft shall only operate on privately owned land with direct written consent from the land owner to perform such operations.



### Flight Operations

The proposed flight operations with the DJI S900 sUAS will be conducted in a safe, accurate, and efficient manner for the purpose of collecting aerial video, photography, and sensory data to be used in support of precision agriculture app lications, mapping and inspection op erations, and the expansion of basic and fundamental research principles and applica tions related to the above over specific rural areas with Class G airspace of the United States.
Flights using the sUAS shall be conducted by at a minimum of a two person crew, however, three is considered optimum based on the experience of the pe titioner. The three person crew shall consist of a pilot-in-command (PIC), a visual observer (VO), and a ground st ation commander/operator (GSC). While the PIC is expected to have proficient knowl edge of the sUAS, it is expected that the VO and9 | P a g e GSC also have demonstrable knowledge into the basic functions and operations of the specific operations of the sUAS.
The PIC has the responsibility of ensuring th e safety of operations of the UAS. The PIC is the person who has final authority and responsib ility for the operation and safety of flight, has been designated as PIC before or during the flight, a nd holds the appropriate category, clas s, and type rating, if appropriate, for the conduct of the flight. The responsibility and authority of the PIC as described by 14 CFR 91.3, Responsibility and Authority of th e Pilot-in-Command, appl y to the unmanned aircraft PIC. The PIC position may rotate duties as necessary with equally qualified pilots. The PIC mu st conduct a pre-takeoff briefing as applicable prior to ea ch launch. The briefing should include but is not limited to the details
entailed on the mission cards. The purpose of the SO is to observe the surround ing operational airspace and alert the PIC if anything enters the operational area s within the UAS. The SO must be able to see the aircraft and the surrounding airspace throughout th e entire flight, provide the PIC with the UA’s flight path, proximity to all aviation activities and other hazards sufficiently to exercise effective control of the UA in order to comply with CFR 91.111/91.113/91.115 and prevent the UA from creating a collision hazard. Additionally, the observer must be able to communicate clearly to the pilot any instructions required to remain clear of conflicting traffic, using standard phraseology as listed in the AIM when practical. The purpose of the GSC is to monitor additional te lemetry links and information streaming from the UAS flight computers or payload co mputers. Additionally, the role of the GSC is to support missions of
the sUAS in such a manner to ensure successful operations. By enforcing a GSC to monitor aircraft peripheral telemetry allows the PIC and SO to further conduct a narrowe r set of duties which allows for
an increase of focus on the aircra ft and associated airspace. While the majority of flights will be manually pilo ted, some flights will be preprogrammed into the DJI S900 by the PIC. This automated functionality w ill be used to ensure the accuracy and successful data coverage for the target area. Throughout automate d flights, the PIC will always hold the transmitter, monitor basic telemetry data on th e Spektrum DX8, and be prepared to abort the operation and fly the sUAS manually should an emergency situation o ccur. The GSC if used shall support the mission by relaying additional status to both the VO and PIC for flight time remaining, signal strength, and payload operations. Additional checklists pertinent for each of the ope rators at pre-flight operations, post-flight debriefings, maintenance logs, aircraft manuals, et c are covered in the Appendices section of this proposal. These checklists are given to show the revi ewer that the petitioner is thorough in their operational safety and functional ch ecks. The checklists however are not necessarily holistic or all encompassing, therefore, ARAUS LLC may modify these lists as needed to furt her ensure successful operations.



## AIRCRAFT AND EQUIVALNET LEVEL OF SAFETY
In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operati on, ARAUS LLC’s operation of the DJI S900 Platform UAS meets the conditions of FMRA Section 333, and will not require an airworthiness certifi cate in accordance with 1410 | P a g e C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airwor thiness certification and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Sp ecifically, FMRA Section 333 states the following, in
part: (a) In General.--Notwithstanding an y other requirement of this subtitle, and not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 of this Act. (b) Assessment of Unmanned Aircraft Systems. --In making the determin ation under subsection (a), the Secretary shall determine, at a minimum-- (1) which types of unmanned airc raft systems, if any, as a re sult of their size, weight, speed, operational capability , proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pos e a threat to national security; and

(2) whether a certificate of waiver, cert ificate of authorizatio n, or airworthiness certification under section 44704 of title 49, Unit ed States Code, is required for the operation of unmanned aircraft system s identified under paragraph (1).

(c) Requirements for Safe Operatio n.--If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operati on of such aircraft systems in the national airspace system. In seeking this exemption, ARAUS LLC submits that the DJI S900 Platform UAS can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the ch aracteristics of the DJI S900 Platform UAS; (b) the pilot certification requiremen t; and (c) the specific operating limitations.



### Additional Autopilot Characteristics Demo nstrate Its Equivalent Level of Safety

The DJI S900 Platform UAS does not create a hazard to users of the NAS, the public, or otherwise pose any threat to national security considering its size, weight, speed, and operational capability. The technical specifications of the DJI S900 Platform UAS are set forth by the DJI S900 Platform Specifications and Data Sheet, attached hereto as Appendix A. However, the Pixhawk autopilot system also ensures an equivalent or exceeded level of safety required based on its functionality and performance capabilities. The DJI S900 Platform UAS when operated with th e Pixhawk autopilot system will be operated in three flight modes such as manual, semi-autonom ous, and fully autonomous . Switching between the flight modes is governed by the PIC’s RC TX on a 3 way position switch. Thus , in the event of any emergencies or desired change in operating mode, th e PIC ultimately has a fast and effective way to command it. The manual flight mode requires that the PIC control the low-level angles, and rates of the UA. The semi-autonomous mode enables for the pilot to have an assisted flight performance. This means that the flight control system is ensuring that the posi tion, altitude, and attitude of the aircraft is maintained steady; allowing for the PIC to issues positional and rotational commands for the aircraft to11 | P a g e meet. In a fully-autonomous operation the aircraft is prescribed a predefined mission prior to take-off that has been approved by the PIC. Upon entering this mode, the sUAS will perform the contents of the mission, often consisting of lawn -mower scanning patterns at va rying altitudes of flight. The Pixhawk autopilot allows for the PIC to esta blish flight operational boundaries establishing a virtual fence around the area of ope rations. The ground station system allows for the planner to:
1. Establish the boundary as a polygon defined through GPS points.
2. Define the action to take if the fence were breached (i.e. Land, R TL, RTR, Loiter, etc).
3. The location of the return point either being a return to launch or rally point after a timeout has been triggered between the action from step 2 being taken and no override from the PIC. Additionally, the Pixhawk autopilot system provide s countless ways for handling various failsafe procedures. First, GPS Failsafe’s are enabled if the aircraft has lost G PS lock or experience a GPS glitch for 5 seconds or greater when opera ting in a flight mode that require s a GPS. Upon entering the failsafe, the aircraft may Land or return control to the PIC. However, the PIC will not be able to switch into any mode requiring GPS functionalities until the values for HDOP and VDOP are below thresholds. Loss of Link failsafe procedures are important to ensure an ELS for the sUAS. The Pixhawk autopilot provides failsafe’s such as RTL, Land, a nd disarm in the event loss of link events occur. Similar failsafe event triggers occur in a variety of other cases such as loss of radio control links, low battery voltage or re maining capacity, etc.



### Flights to be Conducted Pursuant to Specific Operating Limitations In seeking this exemption, ARAUS LLC pr oposes to commercially operate DJI S900 UAS for the special purpose of collecting aerial video, photogra phy, and sensory data to be used in support of precision agriculture applications , mapping and inspection operations, and the expansio n of basic and fundamental research principles and applications related to the above over specific rural areas with Class G airspace of the United States. In pursuing thes e operations ARAUS will be governed by additional specific operating limitations (similar to thos e requirements of 2009-ESA-3, 2010-ESA-28, 2010-ESA13, 2011-ESA-6-COA, 2011-ESA-61-COA- R, 2012-ESA-56-R, 2012-ESA-77):

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in

the operating documents, rotorcraft UASs weighi ng less than 55 pounds maximum gross weight: DJI S900 Platform Unmanned Aircraft System. Proposed operati ons of any other aircraft will require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be li mited to conducting operations for the purpose of

precision agriculture applications , mapping and inspection operations, and the expansio n of basic and fundamental research principles and applications related to the above.

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as

indicated by the procedures specif ied in the operating documents unles s a special request is made and approved by ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAS must be operated within vi sual line of sight (VLOS) of the PIC at all times. This requires12 | P a g e the PIC to be able to use human vision unaided by any device other th an corrective lenses, as specified on the PIC’s FAA-issued airm an medical certificate.

6. The use of first person view (FPV) by the PI C or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS

requirement as long as the PIC al ways maintains VLOS capability. The SO and PIC must be able to communicate verbally at all times. Electronic messa ging or texting is not permitted during flight operations. The PIC must be designat ed before the flight and cannot tr ansfer his or her designation for the duration of the flight. The PIC mu st ensure that the SO can perfor m the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond a ssisting the PIC with seei ng and avoiding other air

traffic and other ground based obst acles/obstructions and is not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemp tion must be accessible during UAS operations and

made available to the Administrator upon request. If a discrepancy exists be tween the conditions and limitations contained in the grant of exempti on and the procedures outlined in the operating documents, the conditions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revi sions and present updated and revise d documents to the Administrator upon request. The operator must also present updat ed and revised documents if it petitions for extension or amendment to the gr ant of exemption. If the operator determines that any update or revision would affect the basis upon which the F AA granted the exemption, then the operator must petition for amendment to its gr ant of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions aris e regarding updates or revisions to the operating documents.

10. Prior to each flight the PIC must in spect the UAS to ensure that it is in a condition for safe flight. If

the inspection reveals a condition that affects the safe operation of th e UAS, the aircraft is prohibited from operating until the necessary ma intenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and alterations must be properl y documented in the aircraft records.

11. Any UAS that has undergone maintenance or alte rations that affect the UAS operation or flight

characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entr y in the aircraft records.

12. The pre-flight inspection must account for all pot ential discrepancies, e.g. inoperable components,

items, or equipment, not already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, ma intenance, overhaul,

replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, in spections, and record k eeping requirements, in

accordance with the operating documents. Maintena nce, inspection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work acco mplished, and the signature of the authorized person returning the UAS to service.

15. Each UAS operated under this exemption must comp ly with all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the co rrective action taken against13 | P a g e discrepancies discovered between inspections.

17. The petitioner for this proposal is considered to have extenuating circumstances allowing for him to

operate the proposed UAS. Based on previous issued COAS (2009-ESA-3, 2010-ESA-28, 2010-ESA13, 2011-ESA-6-COA , 2011-ESA-61- COA-R, 2012-ESA-56-R, 2012- ESA-77) which he had operated under, the required simila r PIC Ratings shall be adhered to: Rating requirements for the UAS PIC depend on the type of operation conducted. The requirement for the PIC to hold, at a minimum, a current FAA private pilot certificate or the FAA accepted agency equivalent, based on the app lication of 14 CFR Part 61, is predicated on various factors including the location of the planned operations, missi on profile, size of the unmanned aircraft, and whether or not the operation is conducted within or beyond visual lineof-sight. 1. The PIC must hold, at a minimum, a current F AA private pilot certificate or the FAA accepted agency equivalent, based on the applica tion or 14 CFR Part 61.under all operations:

a. Approved for flight in Class A, B, C, D, E, and G (more than 400 feet above ground level (AGL)) airspace. b. Conducted under IFR (FAA instrument rati ng required, or the FAA accepted agency equivalent, based on the app lication or 14 CFR Part 61.

c. Approved for night operations. d. Conducted at or within 5 NM of a joint use or public airfields.

e. Requiring a chase aircraft. f. At any time the FAA has determined the need based on the UAS characteristics, mission profile, or other operational parameters. 2. Operations without a pilot certif icate may be allowed when all of the following conditions are

met:

a. The PIC has successfully completed, at a mini mum, FAA private pilo t ground instruction and passed the written examination, or the FAA accepted agency equivalent, based on the application. Airman Test reports are valid for the 24-calendar month period preceding the month the exam was completed, at which time th e instruction and written examination must be repeated. b. The PIC must maintain a 2 nd class Airmen’s medical.

c. Operations are duri ng daylight hours. d. The operation is conducted in a sparsely populated location.

e. The operation is conducted from a privately owned airfield, military installation, or offairport location. f. Operations are approved and conduc ted solely within visual line- of-sight in Class G airspace.

g. Visual line-of-sight operations are conducted at an altitude of no more than 400 feet Above Ground Level (AGL) in class G airspace at all times. 3. The FAA may require specific aircraft category and class ratings in ma nned aircraft depending on the UAS seeking approval and the characteri stics of its flight controls interface. These required qualifications ar e also derived from FAA-2015-0150. 18. Ancillary personnel such as systems operators or mission specialists must be thoroughly familiar

with and possess operational experien ce of the equipment being used. If the systems being used are for observation and detection of othe r aircraft for collision avoida nce purposes, personnel must be thoroughly trained on collision avoidance procedures and techniques and have direct communication with the UAS pilot, observer, and other crewmembers.14 | P a g e 19. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification

criteria and demonstrates the ability to safely ope rate the UAS in a manner consistent with how the UAS will be operated under the exemption, in cluding evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles a nd structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operations may only be conducted du ring dedicated training sessions. Du ring training, proficiency, and experience-building flights, all persons not e ssential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

20. UAS operations may not be conducted during night , as defined in 14 C.F.R. § 1.1. All operations

must be conducted under visual me teorological conditions (VMC). If flight at night is required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.

21. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current

FAA-published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conduc ted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement w ith the airport management must be made available to the Administrator upon request.

22. The UA may not be operated less than 500 feet be low or less than 2,000 f eet horizontally from a cloud or when visibility is less th an 3 statute miles from the PIC.

23. If the UA loses communications or loses its GPS signal, it must return to a pre- determined location

within the planned operating area and land or be recovered in accord ance with the operating documents.

24. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents.

25. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather

conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining.

26. The operator must obtain an Air Traffic Organi zation (ATO) issued Certificate of Waiver or

Authorization (COA) prior to conducting any operati ons under the grant of ex emption. This COA will also require the operator to request a Notice to Ai rman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. All operations shall be conducte d in accordance with airspace requirements in the ATO issued COA includi ng class of airspace, alt itude level and potential transponder requirements.

27. All aircraft operated in accordance with the ex emption must be identified by serial number,

registered in accordance with 14 C.F.R. part 47, a nd have identification (N- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Ma rkings must be as large as practicable.

28. Before conducting operations, the radio frequency spectrum used for operation and control of the

UA must comply with the Federal Communicatio ns Commission (FCC) or other appropriate government oversight agency requirements.

29. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the

Ground Control Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.15 | P a g e 30. The UA must remain clear and yi eld the right of way to all manne d aviation operations and activities

at all times.

31. The UAS may not be operated by the PI C from any moving device or vehicle.

32. Flight operations must be conducted at least 500 feet from all nonparticip ating persons (persons

other than the PIC, SO, operator trainees or essentia l persons), vessels, vehicles , and structures unless:

a. Barriers or structures are presen t that sufficiently prot ect nonparticipating persons from the UA and/or

debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situati on arises where nonparticipating pe rsons leave such protection and are within 500 feet of th e UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessel s, vehicles or structures where th e owner/controller of such vessels,

vehicles or structures has grante d permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator tr ainees or essential pers ons do not present an undue

hazard to those persons per § 91.119(a).

33. All operations shall be conducte d over private or controlled-acce ss property with permission from

the land owner/controller or authorized representa tive. Permission from land owner/controller or authorized representative will be obta ined for each flight to be conducted.

34. Any incident, accident, or flight operation that transgresses the late ral or vertical boundaries of the

operational area as defined by the applicable COA must be reported to th e FAA's UAS Integration Office (AFS-80) within 24 hours. Acci dents must be reported to th e National Transportation Safety Board (NTSB) per instructions contai ned on the NTSB Web site: www.ntsb.gov.



### Addressing Typical Concerns of NAAA, ALPA, and USHPA NAAA has previously stated that it represents th e interests of small business owners and pilots licensed as commercial applicator s. It has been made clear in other Section 333 requests that NAAA members operate in low-level airspace, and clear lo w-level airspace is vital to the safety of these
operators.

NAAA stated that seeing and avoi ding other aircraft and hazardous obstructions is the backbone for
agricultural safety, and agricultural pilots depend on pilots of other aircraft to perform their see and avoid
functions needed to prevent collisions. NAAA believes t hat UA operations at low altitudes will increase the
potential of collision hazards with agricultural aircraft.

ARAUS LLC can answer this conc ern by stating that it has been contacted by many operators of piloted aircraft for agricultural operati ons interested in the ca pabilities of sUAS tec hnologies as it relates to precision agricultural applications. Additionall y, ARAUS LLC answers this concern by reasoning that if indeed the airspace surrounding agri cultural areas has a significantly higher percentage of congestion in the NAS, then the applications of using sUAS woul d ultimately benefit the pilots themselves as this
would reduce their risks associated with flight while gaining the same information in a more timely and
cost effective manner.16 | P a g e In its comments, the USHPA submitted similar concerns relative to activities of other low altitude user
groups including ballooning, skydiving, powered ultralights, etc. ARAUS LLC can address the concerns of the US HPA by stating that the concerns of operating such low-altitude groups of aircraft within a potential operating area of a sUAS presents little to no risk to both aircraft systems. Following t ypical right-of-way rules, the manne d aircraft would ultimately have the right-of-way over the airspace. Additionally, enough time to respond to the airspace congestion would be easily possible by the PIC because of the relatively low operating speeds of the proposed aircraft groups. Additionally, with the use of both a PIC and SO to observe the surrounding airspace, a visual confirmation would be able to positively achieved by the operating crew of the sUAS and mitigation actions taken well in advance before any risk of near midair collisions. To address further common concerns of NAAA, ALPA, and USHPA; ARAUS LLC proposes that the issuance of NOTAMs and th e coordination of planned activitie s with the FSDO several days in advance of operations ensures that attempts have been made to address and make other pilots aware of operational activities and advise them to use their best j udgements on flight plans. Additionally, the petitioner of this proposal suggest those who are concerned about the operations of this operation, consider the e xperience and extenuating circumstances of the petitioner/PIC. While operating as the PIC under COA’s issued to Virg inia Polytechnic Institute and State University’s Unmanned Systems La b (2009-ESA-3, 2010-ESA-28, 2010-ESA-13, 2011-ESA-6- COA, 2011-ESA-61-COA-R, 2012-ESA-56-R, 2012-ESA-77)

, operations were professional, safe, and successful. There were no incidents where safety concer ns had ever occurred w ith operators in the NAS. The agricultural areas similar to the areas where the above COAs had served are the intended areas of operations for ARAUS LLC. The requirements of the COAs that had been issued and the PIC had operated under provide the basis for the exemption reque sts and proposed equivalent levels of safety of this work.



## PUBLIC INTEREST AND SAFETY
Similar to the manned aerial acquisition flight ope rations that have been conducted for decades, ARAUS LLC’s proposed operation of the DJI S900 UAS will not implicate any privacy and/or safety issues. Specifically, the DJI S 900 UAS will be operated only in compliance with operating documents (i.e., the Aerial Operations Manua ls, Checklists, Maintenance Logs, and Instruction Manuals) and in accordance with the Federal Aviation Regulations. F light operations will be conducted over private properties with the owner’s permission in Class G airspace under 400feet AGL. Granting ARAUS LLC the proposed exemptions will ensure benefits to the public interest while ensuring their privacy is not intruded upon.



### PRIVACY Similar to the manned aerial acquisition flight ope rations that have been conducted for decades, ARAUS LLC’s proposed operation of the DJI S900 UAS will not implicate any privacy issues. Specifically, the DJI S900 UAS will be operated only in compliance with operating documents (i.e., the Aerial Operations Manuals, Checkli sts, Maintenance Logs, and Instru ction Manuals) which requires the property owner involvement and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. W hen the sUAS is being flown, the sensory systems will be focused on the proposed data source at hand for the mission, thus minimizing17 | P a g e inadvertent video or still images of uninvolved pers ons. All data collected will be for private use only and will not be distributed through public channels. Additionally, data being co llected in the proposed rural agricultural operational areas suggest that the likeli hood of persons within range of the sensory imaging systems not relating to the direct commer cial operations of the sUAS are slim to none. However, in the event that individuals not relating to the operation of the sUAS were captured by the sensory systems, no attempt will be made to identify any individuals filmed during the flights except in cases where they are trespassing upon or damaging customer property, or interfering with the applicant’s or its customers’ operations.



### The Reasons Why Granting ARAUS LLC’ s Request Would Be in the Public Interest; That Is, How It Would Benefit the Public as a Whole. Granting the present request for exemptions will further the public inte rest by allowing ARAUS
LLC to collect aerial video, photography, and sensory data to be used in support of precision agriculture applications, mapping and inspection operations, and th e expansion of basic a nd fundamental research principles and applications. Additionally, use of the DJI S900 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the ec onomy. Notably, the benefits of ARAUS LLC’s proposed operation of the DJI S900 UAS s will be realized without implicating any privacy issues.

The Public Will Benefit From Decre ased Congestion Of The NAS. The DJI S900 is a battery powered UAS and can serve as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery and sensory data. By reducing the amount of manned aircra ft needed to perform aerial ac quisitions, an exemption allowing
the use of a DJI S900 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manne d aircraft operating in the NAS, congestion around airports caused by arriving an d departing aircraft will be reduced. The DJI S900 UAS does not require an airport to takeoff or land. Likewise, a reduction of manne d aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arriva l, and landing phases of flight operations.

The Public Will Benefit From The Safety And Efficiency Of The DJI S900 Platform UAS. Conducting aerial acquisitions with the DJI S900 UAS , instead of manned aircraft, will greatly benefit the public by drastically reducing the le vels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI S900 UAS produces no air pollution, and is the most viable environmental alternative to typical manned aircraft operations. The DJI S900 UAS, while reducing the car bon footprint of aerial acquisitions, also eliminates noise pollution, as the UAS is propelled by battery powered electric motors,
rather than an intern al combustion engine. By using the DJI S900 UAS to perform aerial acq uisitions, the substantial risk to life and18 | P a g e property in the air and on the ground, which is usually associated with traditiona l manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the DJI S 900 UAS, has less physical pot ential for collateral damage to life and property on the gr ound, and in the air, compared to th e manned aircraft that typically conduct similar operations.

Performing Aerial Video and Photography Operations with the DJI S900 Platform UAS Will Benefit the Economy. In addition to being safe and e fficient, the DJI S900 UAS is an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the DJI S900 UAS will allow United States based companies, like ARAUS LLC, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fu els, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered DJI S900 UAS is one such tech nology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI S900 UAS, companies such as ARAUS LLC, can remain competitive and profitable, and therefore, provide greater job st ability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the DJI S900 UAS, provides a stable workforce that increases consumer spending; improves local, state, and federa l tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad.

Performing Aerial Video and Photography Operations with the DJI S900 Platform UAS Will Benefit the

Environment. It is known that pesticides, herbicides, and fungicides used in agri cultural operations can contaminate water supplies through methods of di rect application, runoff, wind transport, and atmospheric decomposition. Fertilizer applications commonly involving nutrients such as phosphorus, nitrogen, and potassium are often ap plied in excess of the crops needs in order to ensure proper uptake by the stressed plant and account for direct/indirect losses of the appl ication. However, much of the NPS pollution is in direct relation to the runoff and leach ing effects resulting from this form of application method. As stated from the Chesapeake Bay F oundation, 40% of the nitr ogen and 50% of the phosphorus pollution levels in the Chesapeake Bay result from agricultural runoffs from within the local region. Similar pollution and run-off levels are noted by the EPA across the country in other agricultural

areas. This over application is a direct result from the farmers lack in current capabilities of performing crop health assessments of their fields on a weekly or even monthly basis. Therefore, when infected or stressed crops are identified, current methods prohib it the farmer from identif ying the distribution and epicenter of the stressor primarily because of the magnitude of s cale of the problem. Leveraging a19 | P a g e specially outfitted aircraft such as the one put forwar d in this proposal would allow for farmers to gain insight into the health of their fi elds on a regular basis. The aircra ft would provide the capabilities to quickly and efficiently survey their fields and coll ect more information than human visual assessments would ever be able to. The gain ed information would allow the fa rmer to precisely understand the distribution of stress in his/her crops and precisely target treatment pl ans for their fields. These aerial crop health assessments when used in precision agri culture applications would become a powerful tool for farmers to observe, measure, and respond to variability in their fields in an attempt to increase yield while simultaneously reducing their inputs ensuring a further successful agricultural operation and thus reducing operational costs, reduce environmental impact, and increa se crop yields and return on
investments.



## REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

14 C.F.R.21(h): Airworthiness Certificates

Section 21 subsection (h) states the following: This section is too long for purpose of the proposal . Please see the appropriate CFR from the FAA.

Extent of relief ARAUS LLC seeks providi ng an equivalent level of safety: ARAUS requests an exemption based on the requirements for an ELS pursu ant to Section 333 aircraft . This ELS is based on the size, weight, operating speed, and operational envi ronment as described in the previous section.



### 14 C.F.R 43.7: Persons authorized to approve aircraft, airframes, aircraft engines, propellers, appliances, or comp onent parts for return to service after maintenance, preventive maintena nce, rebuilding, or alteration

Section 43.7 states the following: Persons authorized to approve aircraft, airframes, aircraft engines, propellers, appliances, or component parts for return to service after maintenance, preventive main tenance, rebuilding, or alteration. (a) Except as provided in this section and § 43.17, no person, other than the Administrator, may approve an aircraft, airframe, aircraft engine, propeller, appliance, or component part for return to service after it has undergone maintenance, preventive maintenance, rebuilding, or alteration. (b) The holder of a mechanic certificat e or an inspection authorization may ap prove an aircraft, airframe, aircraft engine, propeller, appliance, or component part for return to service as provided in Part 65 of this chapter. (c) The holder of a repair station certif icate may approve an aircraft, airframe, aircraft engine, propeller, appliance, or component part for return to service as provided in Part 145 of this chapter. (d) A manufacturer may approve for return to service any airc raft, airframe, aircraft engi ne, propeller, appliance, or component part which that manufacturer has worked on under § 43.3(j). However, except for minor alterations, the work must have been done in accordance with t echnical data approved by the Administrator. (e) The holder of an air carrier opera ting certificate or an operating certificate issued under Part 121 or 135, may approve an aircraft, airframe, aircraft engine, propeller, appliance, or component part for return to service as provided in Part 121 or 135 of this chapter, as applicable. (f) A person holding at least a private pilot certificate may approve an aircraft for return to service after performing preventive maintenance under the provisions of § 43.3(g). (g) The holder of a repairman certificat e (light-sport aircraft) with a mainte nance rating may approve an aircraft issued a special airworthiness certificate in light-sport category for return to service, as provided in part 65 of this chapter.20 | P a g e (h) The holder of at least a sport pilot certificate may approve an aircraft owne d or operated by that pilot and issued a special airworthiness certif icate in the light-sport category for return to service after performing preventive maintenance under the provisions of § 43.3(g).

Extent of relief ARAUS LLC seeks providi ng an equivalent level of safety: ARAUS LLC seeks the requested relief because the DJI S900 Platform UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Additionally, as the FAA has not established standards for obtained a UAS rating, this ordinance is not applicable.



### 14 C.F.R. 43.11: Content, form, and disp osition of records for inspections conducted under parts 91 and 125 and 135.411 (a)(1) and 135.419 of this chapter

Section 43.11 states the following: (a) Maintenance record entries. The person approving or disapproving for retu rn to service an aircraft, airframe, aircraft engine, propeller, appliance, or component part after any inspection performed in accordance with part 91, 125, § 135.411(a)(1), or § 135.419 shall make an entry in the maintenance record of that equipment containing the following information: (1) The type of inspection and a brief description of the extent of the inspection. (2) The date of the inspection and aircraft total time in service. (3) The signature, the certificate number, and kind of certificate held by the person approving or disapproving for return to service the aircraft, airframe, aircraft engine, propeller, appliance, component part, or portions thereof. (4) Except for progressive inspections, if the aircraft is fo und to be airworthy and approved for return to service, the following or a similarly worded statemen t—“I certify that this aircraft has been inspected in accordance with (insert type) inspection and was determined to be in airworthy condition.” (5) Except for progressive inspections, if the aircraft is not approved for return to service because of needed maintenance, noncompliance with applicable specifications, airworthiness directives, or other approved data, the following or a similarly worded statemen t—“I certify that this aircraft has been inspected in accordance with (insert type) inspection and a list of discrepancies and unairworthy ite ms dated (date) has been prov ided for the aircraft owner or operator.” (6) For progressive inspections, the following or a similarl y worded statement—“I certify that in accordance with a progressive inspection program, a routine inspection of (identify whether aircraft or components) and a detailed inspection of (identify components) were performed and the (aircraft or components) are (approved or disapproved) for return to service.” If disapproved, the entry will furt her state “and a list of discrepancies and unairworthy items dated (date) has been provided to the aircraft owner or operator.” (7) If an inspection is conducted under an inspection program provided for in part 91, 125, or § 135.411(a)(1), the entry must identify the inspection progra m, that part of the inspection progra m accomplished, and contain a statement that the inspection was performed in accordance with the inspections and procedures for that particular program. (b) Listing of discrepancies and placards. If the person performing any inspection required by part 91 or 125 or § 135.411(a)(1) of this chapter finds that the aircraft is unai rworthy or does not meet the a pplicable type certificate data, airworthiness directives, or other approved data upon which its airworthiness depends, that persons must give the owner or lessee a signed and dated list of those discrepancies. For thos e items permitted to be inoperative under § 91.213(d)(2) of this chapter, that person shall place a placard, that meets the airc raft's airworthiness certifica tion regulations, on each inoperat ive instrument and the cockpit control of each item of inoperative equipment, marking it “Inoperative,” and shall add the items to the signed and dated list of discrepancies given to the owner or lessee.

Extent of relief ARAUS LLC seeks providi ng an equivalent level of safety: ARAUS requests an exemption based on the requirements for an ELS pursu ant to Section 333 aircraft . Based on the size and payload capacity of the aircraft, th e UAS does not have the capability to carry and maintain placards in/on the UA. Additionally, no inspecti on process at this time has been formalized and certified by the
FAA. An ELS will be sustained as all of ARAUS fli ght crews will be required to keep log books of all21 | P a g e maintenance, repair, and flight operations for the UAS at the ground station ope ration point and travel accordingly with the aircraft.



### 14 C.F.R. 45.11(a,b,c): Ma rking of products

Section 45.11 states the following: (a) Aircraft. A manufacturer of aircraft covered under §21.182 of this chapter must mark each aircraft by attaching a fireproof identification plate that— (1) Includes the information specified in §45.13 using an approved method of fireproof marking; (2) Must be secured in such a manner that it will not likely be defaced or removed during normal service, or lost or destroyed in an accident; and (3) Except as provided in paragraphs (d) through (h) of this section, must be secured to the aircraft fuselage exterior so that it is legible to a person on the ground, and must be e ither adjacent to and aft of the rear-most en trance door or on th e fuselage surface near the tail surfaces. (b) Aircraft engines. A manufacturer of an aircraft engine produced under a type certificate or pr oduction certificate must mark each engine by attaching a firepr oof identification plate. Such plate— (1) Must include the information specified in § 45.13 using an approved method of fireproof marking; (2) Must be affixed to the engine at an accessible location; and (3) Must be secured in such a manner that it will not likely be defaced or removed during normal service, or lost or destroyed in an accident. (c) Propellers and propeller blades and hubs. Each person who produces a propeller, propeller blade, or propeller hub under a type certificate or production certificate must mark each product or part using an approved fireproof method. The marking

must— (1) Be placed on a non-critical surface; (2) Contain the information specified in § 45.13; (3) Not likely be defaced or removed during normal service; and (4) Not likely be lost or destroyed in an accident.

Extent of relief ARAUS LLC seeks providi ng an equivalent level of safety: ARAUS requests an exemption based on the requirements for an ELS pursu ant to Section 333 aircraft . Based on the size and payload capacity of the aircraft, th e UAS does not have the capability to carry and maintain fireproof identification plates in/on the UA. Requiring pla cards could become hazardous as a result of the additional weight and strain placed on the aircrafts lift capability a nd flight dynamics. ARAUS’s flight operations personal will keep all information related to the UAS within its operations manual located at the ground station. Additionally, the UAS N-Number will be affixed with le ttering as large as practically possible once received from the FAA Registration offi ce. This exemption provides an ELS as relevant documentation and information is available to any of the flight personal including the PIC at any time.



### 14 C.F.R. 45.27(a): Location of marks, nonfixed-wing aircraft

Section 45.27 (a) states the following: (a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizo ntally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

Extent of relief ARAUS LLC seeks providi ng an equivalent level of safety: ARAUS is prepared toidentify its UAS by serial number, register them in accordance with 14 C.F.R. part 57, and have NNumber markings on the sUAS. Howe ver, 14 C.F.R. 45.27 requires that each operator of a rotorcraft22 | P a g e must display on that rotorcraft horizontally on bot h surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23. The DJI S900, due to its small size, does not have a cabin, fuselage, boom or tail to display the marks required by §45.23. Therefore, an ELS will be maintain ed such that each of these markings will be displayed on the “arms” of th e multirotor vehicle as large as practically possible.



### 14 C.F.R 45.29 (3): Size of marks

Section 45.29(3) states the following: (3) Rotorcraft, must be at least 12 inches high, except that rotorcraft displaying before April 18, 1983, marks required by § 45.29(b)(3) in effect on Apr il 17, 1983, and rotorcraft manufactured on or after April 18 , 1983, but before December 31, 1983, may display those marks until the aircraft is repain ted or the marks are repainte d, restored, or changed.

Extent of relief ARAUS LLC seeks providi ng an equivalent level of safety: The FAA has previously
determined that relief from this section is not nece ssary, so long as the UAS in question is registered with the FAA and the markings are as large as practically possible. Therefore, an ELS will be maintained by ensuring that the above requirements are met.



### 14 C.F.R. 61.56: Flight Review

Section 61.56 states the following: (a) Except as provided in paragraphs (b) and (f) of this section, a flight review consists of a minimum of 1 hour of flight training and 1 hour of ground training. The review must include: (1) A review of the current general operating and flight rules of part 91 of this chapter; and (2) A review of those maneuvers and procedures that, at the discretion of the person giving the review, are necessary for the pilot to demonstrate the safe exercise of the privileges of the pilot certificate. (b) Glider pilots may substitute a minimum of three instructional flights in a glider, each of which includes a flight to traff ic pattern altitude, in lieu of the 1 hour of flight trai ning required in paragraph (a) of this section. (c) Except as provided in paragraphs (d), (e), and (g) of this section, no person may act as pilot in command of an aircraft unless, since the beginning of the 24th calendar month before the month in which that pilot acts as pilot in command, that person has— (1) Accomplished a flight review given in an aircraft for wh ich that pilot is rated by an authorized instructor and (2) A logbook endorsed from an authorized instructor who gave the review certifying that the person has satisfactorily completed the review. (d) A person who has, within the period specified in paragraph (c) of this section, passed a pilot proficiency check conducted by an examiner, an approved pilot check ai rman, or a U.S. Armed Force, for a pilot certificate, rating, or operating privilege need not accomplish the flight review required by this section. (e) A person who has, within the period specified in paragrap h (c) of this section, satisfactorily accomplished one or more phases of an FAA-sponsored pilot proficiency award program need not accomplish the flight review required by this section. (f) A person who holds a flight instructor certificate and who has, within the period specified in paragraph (c) of this sectio n, satisfactorily completed a renewal of a flig ht instructor certificate under the provisions in § 61.197 need not accomplish the one hour of ground training specified in paragraph (a) of this section. (g) A student pilot need not accomplish the flight review requir ed by this section provided the student pilot is undergoing training for a certificate and has a cu rrent solo flight endorsement as required under § 61.87 of this part. (h) The requirements of this section may be accomplished in combination with the requir ements of § 61.57 and other applicable recent experience requirements at the discretion of the authorized inst ructor conducting the flight review. (i) A flight simulator or flight training device may be used to meet the flight review requireme nts of this section subject to the following conditions: (1) The flight simulator or flight trai ning device must be used in accordance with an approved course conducted by a training center certificated unde r part 142 of this chapter. (2) Unless the flight review is undertaken in a flight simu lator that is approved for landings, the applicant must meet23 | P a g e the takeoff and landing requirements of § 61.57(a) or § 61.57(b) of this part. (3) The flight simulator or flight training device used must represent an aircraft or set of aircraft for which the pilot is rated.

Extent of relief ARAUS LLC seeks provi ding an equivalent level of safety: ARAUS requests an exemption based on the requirements for an ELS pursu ant to Section 333 aircra ft. As the FAA has not established the necessary rating or training require ments to operate sUAS specifically, the guidelines provided by C.F.R. 61.56 are impossibl e to satisfy. Therefore, ARAUS LL C proposes that an equivalent level of safety can be ach ieved by requiring that the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS ro torcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot ope rating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes) w ith a minimal operational time of 15 minutes per flight.



### 14 C.F.R. 61.113(a)(b): Private pilot privileges and limitations: Pilot in command

Section 61.113 states the following: (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act a s pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilo t in command of an aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

Extent of relief ARAUS LLC seeks providi ng an equivalent level of safety: Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilo t in command , is requested to the extent necessary to allow ARAUS LLC to conduct commercial operations of the proposed sUAS. ARAUS LLC also submits that an equivalent level of safety will be maintained as the proposed PIC has already previously passed an airmen ’s ground school exam, maintains a 2 nd class airmen’s medical, and is familiar with required operations of UAS in the NAS from his prior experience at Virginia Tech when operating as PIC aircraft under their COA. Further, ARAUS LLC subm its that all flights of the DJI S900 Platform, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to ARAUS LLC business operations; and (2) wi ll not carry passengers or propert y for compensation or hire.

ARAUS LLC submits that the equi valent level of safety establ ished by Section 61.113(a) and (b)
will be maintained because no PIC will be allowed to operate the DJI S900 Platform UAS unless that PIC has demonstrated, by meeting mi nimum flight-hour and currency requ irements, that the PIC is able to safely operate the DJI S900 Platform UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining appr opriate distances from pe ople, vessels, vehicles and structures. Considering ARAUS LLC’s proposed area of operations, and the operating limitations set forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to24 | P a g e safely operate the DJI S900 Platform UAS, ARAUS LLC submits that the additional manned airmanship experience of a certificat ed pilot would not further elevat e the airmanship skills necessary for ARAUS LLC’s specific pr oposed flight operations.

The FAA has previously stated that “ The FAA has reviewed the knowledge and training requirements of sport, recreational, private and commercial certificates and concluded that a UAS PIC holding a minimum of a sport pilot certificate, and opera ting under this exemption, would not adversely affect operations in the NAS or pres ent a hazard to persons or propert y on the ground.” The petitioner of this proposal agrees that the knowledge requirements needed toward s the pilot certificat es of above are necessary for UAS PICs to understand the fundament al basics of operations within the NAS and the associated responsibilities. However, the petitioner also believes th at because a PIC may possess a pilot certification that does not guarantee or ensure an equivalent level of safety can be guaranteed or substituted for operational experience . Additionally, in order to gain ex perience as a certified PIC, under current regulations must be conducted with an instru ctor with appropriate ra tings. As the FAA has not proposed a current certification process for pilot’s ratings of UAS, this would appear to be an unobtainable requirement. Additionally, if we assume that a proposed PIC is to obtain equivalent operational time through their own means, how can the FAA guarantee based on the proposed schema that they are capable of successfu lly performing operations without an individual with the appropriate ratings present.

The petitioner for this proposal is considered to have extenuating circum stances allowing for him to operate as PIC of the proposed UAS. Based on prev iously issued COAS which had only required the PIC have equivalently a student pilot certificate (which require d no solo rating) (2009-ESA-3, 2010- ESA-28, 2010-ESA-13, 2011-ESA-6-COA, 2011-ESA -61-COA-R, 2012-ESA-56-R, 2012-ESA-77) which he had operated under, ARAUS LLC proposes the same stringent re quirements in order to establish an equivalent safety. A dditionally, the petitioner poses that these seem requirements are similar to the ones as considered by the FAA currently in FAA-2015-0150. The petitioner poses to the FAA that the proposed PIC would be capable of easily satisfyi ng the requirements of Section III A, B, C, D, E titled Pilot Qualifications. However, do to the untim ely nature of FAA rulings on exemptions, economy and environmental effects would be mounting for undue timeliness of resolving regulations of which would be satisfied anyway. These requirements are as followed:

The PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (w ith a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, the PIC must acco mplish 3 takeoffs and landings in the preceding 90 days (for currency purposes).

Rating requirements for the UAS PIC depend on the type of operation conducted. The requirement for the PIC to hold, at a minimum, a current FAA private pilot certificate or the FAA accepted agency equivalent, based on the application of 14 CFR Part 61, is predicated on various factors25 | P a g e including the location of the planned operations, mission profile, size of the unmanned aircraft, and whether or not the operation is conducted within or beyond vi sual line-of-sight.

1. The PIC must hold, at a minimum, a current F AA private pilot certificate or the FAA accepted agency equivalent, based on the applica tion or 14 CFR Part 61.under all operations:

a. Approved for flight in Class A, B, C, D, E, and G (more than 400 feet above ground level (AGL)) airspace. b. Conducted under IFR (FAA instrument rati ng required, or the FAA accepted agency equivalent, based on the app lication or 14 CFR Part 61.

c. Approved for night operations. d. Conducted at or within 5 NM of a joint use or public airfields.

e. Requiring a chase aircraft. f. At any time the FAA has determined the need based on the UAS characteristics, mission profile, or other operational parameters. 2. Operations without a pilot certif icate may be allowed when all of the following conditions are

met:

a. The PIC has successfully completed, at a mini mum, FAA private pilo t ground instruction and passed the written examination, or the FAA accepted agency equivalent, based on the application. Airman Test reports are valid for the 24-calendar month period preceding the month the exam was completed, at which time th e instruction and written examination must be repeated. b. The PIC has successfully obtained, at a minimum, a 2nd class Airmen’s Medical Certificate.

c. Operations are duri ng daylight hours. d. The operation is conducted in a sparsely populated location.

e. Operations are approved and conduc ted solely within visual line- of-sight in Class G airspace. f. Visual line-of-sight operations are conducted at an altitude of no more than 400 feet Above Ground Level (AGL) in class G airspace at all times.

These guidelines provided would satisfy the re quirements of 14 C.F.R. 61.113 and given the extenuating circumstances of the previous experien ce of the petitioner/PIC would ensure that an equivalent level of safety has been far exceeded for the operations of th e DJI S900 for ARAUS LLC.



### 14 C.F.R. 61.133: Commercial pilo t privileges and limitations.

Section 61.133 states the following: (a) Privileges— (1) General. A person who holds a commercial pilot cer tificate may act as pilot in command of an aircraft— (i) Carrying persons or property for compensation or hire, provid ed the person is qualified in accordance with this part and w ith the applicable parts of th is chapter that apply to the operation; and (ii) For compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation.26 | P a g e Extent of relief ARAUS LLC seeks providi ng an equivalent level of safety: ARAUS requests an exemption based on the requirements for an ELS pursu ant to Section 333 aircraft . First, the sUAS will not be carrying individuals. Second, as the reques t for exemption 14 C.F.R. 61.113 a commercial pilot
certificate would not be required for operation of the DJI S900 sUAS.



### 14 C.F.R. 91.7(a): Civil aircraft airworthiness

Section 91.7 subsection (a) states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

Extent of relief ARAUS LLC seeks providi ng an equivalent level of safety: ARAUS LLC seeks the requested relief because the DJI S900 Platform UAS does not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Theref ore, ARAUS LLC and the PIC will ensure that the DJI S900 Platform UAS is in airworthy conditi on based upon its complia nce with the operating documents (i.e., Pre-Flight Checklist, Post-Flight Debrief, Monthly Maintenance Log, and DJI S900 Instruction Manual) prior/af ter every flight, and furthe r, determine that the aircraft is in condition for safe flight, as stated in the condi tions and limitations above. The equiva lent level of safety established by Section 91.7(a) will be maintained because pr ior to every flight, ARAU S LLC and the PIC will
ensure that DJI S900 Platform UAS is in an airworthy condition ba sed upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein.



### 14 C.F.R. 91.9(b2 & c): Civil aircraft f light manual, markin g, and placard requirements

Section 91.9 subsections (b2 & c) states the following:

(b) No person may operate a U.S.-registered civil aircraft—

(2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.

(c) No person may operate a U.S.-registered civil aircraft unless th at aircraft is identified in accordance with part 45 of this chapter.

Extent of relief ARAUS LLC seeks providi ng an equivalent level of safety: ARAUS requests an exemption based on the requirements for an ELS pursuan t to Section 333 aircraft. First, the FAA has yet to put in place the necessary pr ocedures or process for approving manuals for UAS operations. Second, given the size and the configurati on of the UAS, there is no method in which to carry a flight manual
aboard the DJI S900 while maintain ing a feasible and safe operati onal weight. Additionally, a manual aboard an unmanned aircraft poses no use to the PI C operating from the ground. Therefore, an ELS is achieved by maintaining all proper manuals and r ecords at the ground station where a PIC or FAA inspector may have access to them. On Augus t 8, 2014, the FAA issued a memorandum entitled27 | P a g e “Interpretation regarding whether certain required documents may be kept at an unmanned aircraft’s
control station.” This document stated that in th e case of sUAS, “maintaining these documents at the pilot’s control station would meet the intent of th e rule as the pilot woul d be able to produce the
documents for his or her own information or to an FAA inspector.” In regards to subsection c, the requests for relief of the previous secti ons relating to part 45 above apply here.



### 14 C.F.R. 91.103(b2): Preflight action

Section 91.103 subsections (b2) , states the following:

(b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information: (2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected va lues of airport elevation and runway slope, aircraft gross weight, and wind and temperature.

Extent of relief ARAUS LLC seeks providi ng an equivalent level of safety: ARAUS requests an exemption based on the requirements for an ELS pursu ant to Section 333 aircraft. ARAUS is mandating that the flight operations crew well versed in the fl ight operations, vehicle ch aracteristics, and mission; flights however will not be conducte d at airports and therefore the in formation in this section does not apply.



### 14 C.F.R. 91.105: Flight crewm embers at stations

Section 91.105 states the following: (a) During takeoff and landing, and while en r oute, each required flight crewmember shall— (1) Be at the crewmember station unless the absence is ne cessary to perform duties in connection with the operation of the aircraft or in connection with physiological needs; and (2) Keep the safety belt fastened wh ile at the crewmember station. (b) Each required flight crewmember of a U.S.-registered civil aircraft shall, duri ng takeoff and landing, keep his or her shoulder harness fastened while at his or her assigned duty station. This paragraph does not apply if— (1) The seat at the crewmember's station is not equipped with a shoulder harness; or (2) The crewmember would be unable to perform re quired duties with the shoulder harness fastened.

Extent of relief ARAUS LLC seeks providi ng an equivalent level of safety: ARAUS requests an exemption based on the requirements for an ELS pursu ant to Section 333 aircra ft. Operations of the UAS will not be conducted by the flight operations crew unless all personal are in attendance, alert, at their appropriate positions , and understand the purpose of their role and duty on the flight. However, the UAS is not carrying flight crewmembers a nd therefore an exemption is requested.



### 14 C.F.R. 91.113(b): Right-o f-way rules: Except water operations

Section 91.113 subsection (b) states the following: (b

) General. When weather conditions permit, regardless of whether an operation is conducted under instrument flight rules or visual flight rules, vigilance shall be maintained by each pe rson operating an aircraft so as to see and avoid other aircraf t. When a rule of this section gives another aircraft the right-of-way, the pilot shall give way to that aircraft and may not pass28 | P a g e over, under, or ahead of it unless well clear.

Extent of relief ARAUS LLC seeks providi ng an equivalent level of safety: ARAUS requests an exemption based on the requirements for an ELS pur suant to Section 333 aircraft. ARAUS makes this request in the specific case of the UAS passing under a right-of-wa y aircraft. As the proposed UAS
altitude is at or below 400 feet AGL, and the data collecti on sources of interest ar e at or below 400 feet AGL, the proposed UAS operations pose no danger or threat to other ai rcraft within the NAS. However,
in the event that another aircraft enters the vici nity of the UAS, the PIC operating under VFR will be able to yield the correct right-o f-way and thus ensuring an ELS.



### 14 C.F.R. 91.119(b)(c): Minimum safe altitudes: General

Section 91.119 subsections (c) states the following: Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (c) Over other than congested areas. An altitude of 500 feet above the surface, exce pt over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer th an 500 feet to any person, vessel, vehicle, or structure.

Extent of relief ARAUS LLC seeks providi ng an equivalent level of safety: ARAUS LLC seeks the requested relief because the DJI S900 sUAS will onl y be operated at altitude s less than 400 feet AGL. An ELS will be maintained as the areas of opera tions will contain a significantly spare density of hazards and the sUAS will operated within VLS of the PIC at all times. Similar requests for exemption have been approved using this ELS definition.



### 14 C.F.R. 91.121: Alti meter Settings

Section 91.121 states the following:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, b y reference to an altimeter that is set, when operating—
(1) Below 18,000 feet MSL, to—
(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the
aircraft;
(ii) If there is no station within the ar ea prescribed in paragraph (a)(1)(i) of this section, the current reported
altimeter setting of an approp riate available station; or
(iii) In the case of an aircraft not equipped with a ra dio, the elevation of the departure airport or an
appropriate altimeter setting available before departure;

Extent of relief ARAUS LLC seeks providi ng an equivalent level of safety: ARAUS requests an exemption based on the requirements for an ELS pursuant to Section 333 aircraft. Considering the limited altitude of the proposed opera tions, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable condit ions and limitations stated below. This relief is required to allow flight operations of the DJI S900 Platform UAS, whic h utilizes a barometric pressure sensor, Global Positioning System (GPS), and a radio communicatio ns telemetry data link to downlink altitude information from the UA to the PIC at the gr ound control station (GCS). ARAUS LLC seeks the29 | P a g e requested relief because the DJI S900 Platform a ltimeter may be set on the ground to zero feet AGL.

The equivalent level of safety established by Section 91.121 will be maintained because the
altitude information of the DJI S900 UAs will be provided to the PIC vi a GPS and Barometric pressure equipment and a radio communicati ons telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path and altitu de. This altitude information, combined with the proposed operation of the DJI S900 UAS within visual line of sight , at or below 500 feet AGL, will ensure a level of safety equivalent. The altit ude information will be generated by GPS equipment installed onboard the aircraft. The FAA has previous ly granted relief from Section 91.121 specific to
UAS.



### 14 C.F.R. 91.151: Fuel requirements for flight in VFR conditions

Section 91.151 states the following: (b) No person may begin a flight in a rotorc raft 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, to fly after that for at least 20 minutes.

Extent of relief ARAUS LLC seeks providi ng an equivalent level of safety: ARAUS requests an exemption based on the requirements for an ELS pursuant to Section 333 aircraft. Relief is requested to the extent required to allow flights of the lith ium polymer battery powered DJI S900 Platform UA during daylight hours in visual meteorological conditi ons (VMC), under visual fl ight rules (VFR), for a
total duration of 20 mi nutes to the first point of intended la nding and, assuming normal cruising speed, to fly after that for at least 5 minutes. ARAUS LLC seeks the requested relief because without an exemption from Section 91.151(b), the flight time dur ation of the battery powered DJI S900 Platform UA impossibly constrain the practicality of the fli ght operations that ARAUS LLC proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifications of the DJ I S900 Platform operating documents, and ARAUS LLC’s proposed operating lim itations, ensure that ARAUS LLC will safely operate the battery powered DJI S900 UA during daylig ht hours in visual me teorological conditions (VMC), under visual flight rules (VFR), with eno ugh battery power to fly for a total duration of 18 minutes to the first point of intended landing and, assu ming normal cruising speed, to fly after that for at
least 5 minutes. A grant of this exemption would ensure an equi valent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1 ) the technical specifica tions of the DJI S900 UAS; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, ARAUS LLC and the PIC will ensure the safe operation of the DJI S900 Platform UA during daylight hours in VFR conditions, with enough battery power to fly for a total duration of 18 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI S900 Platform UAS;30 | P a g e the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C. F.R. Section 91.151(b). Furthermore, safety will be
ensured as the DJI S900 Platform UAS are equipped to provide audible and visual warnings to the PIC at the GCS and from the UAS when the UA experiences low battery voltage, the first warning occurring at approximately 33% remaining battery power, and again at appr oximately 10% remaining battery power. At the critically low battery level, the DJI S900 Platform UAS will descend and land automatically at a predetermined descent rate. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technica l characteristics and opera ting limitations of the UAS are considered. Relief has been gr anted for manned aircraft to opera te at less than the minimums prescribed in Section 91.151, in cluding Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS.



### 14 C.F.R. 91.403: General

Section 91.403 states the following: (a) The owner or operator of an aircraft is primarily responsib le for maintaining that aircraft in an airworthy condition, including compliance with part 39 of this chapter. (b) No person may perform maintenance, preventive maintenance, or alterations on an aircraft other than as prescribed in this subpart and other applicable regulations, including part 43 of this chapter. (c) No person may operate an aircraft for which a manufacturer's maintenance manual or instructions for continued airworthiness has been issued that contains an airworthiness limitations section unless the mandatory replacement times, inspection intervals, and related procedures specified in that section or alternative inspection intervals and related procedur es set forth in an operations specification approved by the Administrator under part 121 or 135 of this chapter or in accordance with an inspection program approved under § 91.409(e) have been complied with. (d) A person must not alter an aircraft based on a supplemental type certificate unless the owner or operator of the aircraft is the holder of the supplemental type certifi cate, or has written permission from the holder.

Extent of relief ARAUS LLC seeks providi ng an equivalent level of safety: ARAUS requests an exemption based on the requirements for an ELS pur suant to Section 333 aircraft. ARAUS intends to fully comply with the maintenance requirements to k eep an aircraft in an ai rworthy condition. However, the implications that “prescribed in this subpart and other applicable regulations, including part 43 of this chapter” impose is the reason an exemption is being requested. To achieve an ELS to 14 C.F.R. 91.403, ARAUS will maintain its UAS in an airwor thy condition and adhere to all manufacturer requirements for inspecting and maintaining the DJI S900. Maintenance records wi ll be available to the flight crew before, dur ing, and after operations.



### 14 C.F.R. 91.405 (a)(d): Maintenance Required

Section 91.405 subsections (a & d) states the following: Each owner or operator of an aircraft— (a ) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter; (d) When listed discrepancies include inopera tive instruments or equipment, shall ensu re that a placard has been installed as required by § 43.11 of this chapter.31 | P a g e Extent of relief ARAUS LLC seeks providi ng an equivalent level of safety: ARAUS requests an exemption based on the requirements for an ELS pursuant to Section 333 aircraft. The FAA has previously determined that relief from 14 C.F. R. 91.405 is warranted. As ARAUS has made clear, operators will inspect the sUAS prior and post each f light and maintain rigorous logging procedures of any findings or maintenance. ARAUS is also asking for exemption of the placa rd requirements of 43.11. As previously stated, due to the small size and prac tical limitations of the sUAS, there is no room or feasible way to fix placards. To achieve an ELS , ARAUS will keep logbooks detailing all inspections, maintenance, and repairs to the sUAS. ARAUS will also follow DJI’s guidelines for inspection and maintenance. As the FAA has determined in Exemption Nos. 11136 and 11138, following the manufacturer’s guidelines will achieve an equivalent level of safety to 14 C.F.R. 91.405(a) and (d),
because of the small size of the sUAS in question and the limited nature of operations.



### 14 C.F.R. 91.407 (a)(b): Operation after mai ntenance, preventative maintenance, rebuilding, or alteration

Section 91.407 subsections (a & b) states the following: (a) No person may operate any aircraft that has undergone ma intenance, preventive maintenance, rebuilding, or alteration unless— (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter; and (2) The maintenance record entry required by § 43.9 or § 43.11, as applicable, of this chapter has been made. (b) No person may carry any person (other than crewmembers) in an aircraft that has been maintained, rebuilt, or altered in a manner that may have appreciably changed its flight characteris tics or substantially affected its operation in flight until an appropriately rated pilot with at least a private pilot certificate flies the aircraft, makes an operational check of the maintenance performed or alteration made, and logs the flight in th e aircraft records. (c) The aircraft does not have to be flown as required by paragraph (b) of this section if, prior to flight, ground tests, inspection, or both show conclusively that the maintenance, preventive maintenance, rebuilding, or alteration has not appreciably changed the flight charact eristics or substantially affected th e flight operation of the aircraft.

Extent of relief ARAUS LLC seeks provi ding an equivalent level of safety: ARAUS requests an exemption based on the requirements for an ELS pursuant to Section 333 aircraft. The FAA has previously determined that relief from 14 C.F.R. 91.407 is warranted. This section prevents any aircraft from operation that “has undergone maintenance, pr eventative maintenance, rebuilding, or alteration unless (1) it has been approved for return to service by a person author ized under § 43.7 of this chapter; and (2) the maintenance record entry required by §43.9 or §43.11, as applicable, of this chapter has been made.” However, ARAUS has already previous ly requested exemptions from 43.7 and 43.11 as described previously. ARAUS has requested that our proposed operators will have the capability to maintain and repair the sUAS to an equivalent leve l of safety pursuant to S ection 333 for both the type of sUAS, intended use, and operating environment. An ELS will be achieved because ARAUS flight operational personal will regularly inspect and maintain its sUAS in accordance with appropria te manuals. ARAUS will keep detailed inspection, maintenance, and flight logs that will always be available to personal or FAA inspectors.32 | P a g e 

### 14 C.F.R. 91.409: Inspections

Section 91.409 states the following: This segment is too long to place into the body of this submission. Please look up the details of this section.

Extent of relief ARAUS LLC seeks providi ng an equivalent level of safety: ARAUS requests an exemption based on the requirements for an ELS pur suant to Section 333 aircraft. ARAUS makes this request because this section is onl y applicable to aircraft maintaining an airworthiness certificate.



### 14 C.F.R. 91.417: Mai ntenance records

Section 91.417 states the following: This segment is too long to place into the body of this submission. Please look up the details of this section.

Extent of relief ARAUS LLC seeks providi ng an equivalent level of safety: The FAA has previously
determined that relief from 14 C.F.R. 91.417 is warra nted. ARAUS requests exemption as it is only applicable to aircraft with airworthiness certif icates. Because this sUAS will not possess an airworthiness certificate, the exemption request is valid. An ELS will be achieved because ARAUS flight operational personal will re gularly inspect and maintain its s UAS in accordance with appropriate manuals. ARAUS will keep detailed inspection, mainte nance, and flight logs that will always be available to personal or FAA inspectors.



## The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Mo dernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, AR AUS LLC requests that the FAA prescribe special conditions for the intended operation of the DJI S900 UAS, which contain such safety standards that the Administrator finds necessary to esta blish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 21(h), 43.7, 43.11, 45.11 (a,b,c), 45.27(a), 45.29(3), 61.56, 61.113(a,b), 61.113, 91.7(a), 91.9(b2, c), 91.103(b2 ), 91.105, 91.113(b), 91.119(b,c), 91.121, 91.151, 91.403, 91.405(a,d), 91.407(a,b), 91.409, 91.417. Such special conditions will permit safe operation of the UAS for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Sec tion 333 sets forth the requi rements for considering
whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in accordance with any requirements that must be established for the safe operation of the
UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI S900 UAS, since the ai rworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or a ppropriate safety standards, due to th e novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworth iness regulations of this subc hapter do not contain adequate or appropriate safety standards for an aircraft, aircra ft engine, or propeller because of a novel or33 | P a g e unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the pr oduct. The special condi tions are issued in accordance with Part 11 of th is chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessa ry to establish a level of safety equivalent to that established in the regulations.

This Petition is made pursuant to the F AA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs th e Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, ARAUS LLC’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Pa rt 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, pr ovides the authority for such UAS to operate without airw orthiness certification.
As discussed in detail above , ARAUS LLC will operate the DJI Spreading Wings S900 UAS safely in the NAS, without creati ng a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.34 | P a g e 

## CONCLUSION

As set forth herein, ARAUS LLC seeks an exem ption pursuant to 14 C.F.R. § 11.61 and Section

333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI S900 UAS commercially, without an airw orthiness certificate, for the limited purpose of collecting aerial video, photogra phy, and sensory data types of to be used in support of precision agriculture applications and associ ation of expanded basic research pr inciples and applications over specific areas within the United States. By granti ng this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Mode rnization and Reform Ac t of 2012, while also advancing the interests of the public, by allowing ARAUS LLC to safely, efficiently, and economically operate the DJI S900 UAS comm ercially within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA
Modernization and Reform Act of 2012, Sectio n 333, ARAUS LLC respectfully requests that the Administrator grant this Petition for an exemp tion from the requirements of 14 C.F.R Sections 21(h),
43.7, 43.11, 45.11 (a,b,c), 45.27(a), 45.29(3), 61.56, 61.113(a,b), 61.113, 91.7(a), 91.9(b2, c),
91.103(b2), 91.105, 91.113(b), 91.119(c), 91.121, 91.151, 91.403, 91.405(a,d), 91.407(a,b), 91.409,

91.417 , and permit ARAUS LLC to operate a DJI S900 Platform UAS commercially for the limited purpose of collecting aerial video, photography, and sensory data to be used in support of precision agriculture applications, mapping and inspection operations, and the expansion of basic and fundamental research principles and applicatio ns related to the above over rural areas under 400 feet and within Class G airspace within the United States

Dated: May 25, 2015

Respectfully submitted,

ARAUS LLC

_________________________ Kenneth E Kroeger

Kenneth E Kroeger 7249 Parsons Court Alexandria, VA 22306 410-487-135035 | P a g e 

## APPENDICES

APPENDIX A: DJI Spreading Wing s S900 TECHNICAL SPECIFICATIONS

ARAUS LLS only utilizes safe and reliable UASs. DJ I is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enab ling the user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI software provides real-time altitude and location in formation to the PIC via the linked monitor (smart phone/tablet devices). An additional full manual for the DJI S900 has been attached to the proposal.



## 1 DJI Spreading Wings S900 1.1 Aircraft 1.1.1 Diagonal Wheelbase – 900mm 1.1.2 Frame Arm Length – 358mm 1.1.3 Frame Arm Weight – 316g 1.1.4 Center Frame Diameter – 272mm 1.1.5 Center Frame Weight – 1185g 

### 1.2 Propulsion 1.2.1 Stator Size – 41x14mm 1.2.2 kV – 400rpm/V 1.2.3 Max Power – 500W 1.2.4 Weight (witch Cooling Fan) – 158g 

### 1.3 ESC 1.3.1 Working Current – 40A 1.3.2 Working Voltage – 6S LiPo 1.3.3 Signal Frequency (Hz) – 30~450 1.3.4 Drive PWM Frequency – 8kHz 1.3.5 Weight (with Radiators) – 35g 

### 1.4 Propeller 1.4.1 Size 15x5.2 inch 1.4.2 Weight – 13g 

### 1.5 Flight Parameters 1.5.1 Takeoff Weight Minimum – 3.3kg 1.5.2 Takeoff Weight Maximum – 8.2kg 1.5.3 Power Battery – LiPo 6S 10Ah – 20Ah 15C(Min) 1.5.4 Max Power Consumption – 3kW 1.5.5 Hover Power Consumption – 1kW 1.5.6 Approximate Flight Time – 18 min. 1.5.7 Working Environment Temperature – -10C ~ +40C 1.5.8 Hover Accuracy (Ready to Fly) – Vertical: 0.8m Horizontal: 2.5m 1.5.9 Max Yaw Angular Velocity – 200deg/s 1.5.10 Max Tilt Angle – 35deg 1.5.11 Max Ascent Speed – 6m/s 1.5.12 Max Descent Speed – 2 m/s 1.5.13 Max Flight Speed – 15m/s (NOT RECOMMENDED)

DJI S900 operation and users manuals are attached.36 | P a g e 

### APPENDIX B: Spektrum DX8 TECHNICAL SPECIFICATIONS

ARAUS LLS only utilizes safe and reliable remote cont rol systems. Spektrum is an industry leader in spread spectrum technologies for aircraft control. Spektrum remotes are loaded with ground breaking software enabling the user direct a nd reliable control over their aircra ft system even when operating in cluttered radio environments. In addition, Spektrum radios provide real-time altitude, location, and fuel information to the PIC via a linked telemetry mo dule. For this commercia l operation, ARAUS LLC will be deploying the Spektrum DX8 radio system. Please see the attached document s for appropriate manual and operating documents.

Spektrum DX8 operation and us ers manuals are attached.



### APPENDIX C: ADDITI ONAL CHECKLISTS
Checklists for Packing, Preflight, Post flight, Mission Cards, and Accident Reports are attached. The lists are to give the reviewers an idea of operations for ARAUS LLC. ARAUS LLC notes however these lists may not be holistic or all-inclusive and therefore may be modified as n eeded to better ensure successful flight operations.