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Daniel Emmons Evergreen UAS LLC 3217 SW Ridge Dr. Portland, OR 97219 510-200-8405 Dan.emmons@gmail.com

08/06/2015
United States Department of Transportation Docket Management System 1200 New Jersey Ave., SE West Building Ground Floor Room W12-140 Washington, DC 20590

Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Evergreen UAS LLC, operated by Daniel Emmons, hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation of its small Unmanned Aircraft System (sUAS) to conduct aerial data collection, provided such operations are conducted within the conditions outlined in Section 333 as established by the FAA.
The name and contact information for the applicant is: Daniel Emmons Evergreen UAS LLC 3217 SW Ridge Dr. Portland, OR 97219 510-200-8405 Dan.Emmons@gmail.com
Regulations from which exemption is requested: 14 CFR Part 21 14 CFR. 45.23(b) 14 CFR 61.101 (e) and 61.113 (a) & (b) 14 CFR. 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR. 91.103 14 CFR. 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 407 (a) (1) 14 CFR 409 (a) (2) 14 CFR 417 (a) & (b)

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## I. Summary
I, Daniel Emmons, plan to operate UA(s), Carboncore Cortex 950 and DJI Inspire 1 commercially. The Carboncore Cortex is a 950 mm. “X” configured frame UA. The Carboncore Cortex will be limited to a maximum speed of 25 m/s or 55.9 Mph, a maximum weight of 12 Lbs. and is equipped with eight electric motors that are driven by batteries.
The DJI Inspire 1 is referred to as a quad-copter or an “H” configured frame. The DJI Inspire 1 has a maximum speed of 22 m/s, governed by the flight control software. The DJI Inspire 1 weighs 8Lbs. and is equipped with four electric motors that are driven by batteries.
I, Daniel Emmons, would like to operate in the following sectors (limited). 1. Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities. 2. Aerial inspection/photography of residential/commercial structures under contract with the owners or local government authority. 3. Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to dams, wind turbines, or real estate.
I, Daniel Emmons, assume the following guidelines and restrictions as detailed in Section 333 for safely operating commercial small UAS and all other FAA guidelines concerning commercial UAV use.

1. The UASs weigh less than 55 pounds. 2. Operations for the purpose of closed-set motion picture and television filming are not permitted. 3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer. 4. The UA must be operated at an altitude of no more than 200 feet above ground level (AGL). Altitude must be reported in feet AGL. 5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses. 6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO. 7. Flights will not exceed more than 75% of battery capacity. 8. The operator will post advisor notice around the controlled area. 9. The operator will have been trained in operation of UAS generally and received up-to-date information on the particular UAS to be operated as required. 10. If the UAS loses communications or loses its GPS signal or transmitter control signal, the UAS will have capability to return to a pre-determined location within the Security Perimeter and land. 11. The UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies.

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II. Exemption Request Details

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The applicant proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein

. These limitations provide for an exceptional level of safety to operations. These limitations and conditions to which Evergreen UAS LLC agrees to be bound when conducting commercial operations under an FAA issued exemption include : 1. The UAV will weigh less than 55 lbs. 2. Flights will be operated within line of sight of operator. 3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated at 15% battery power reserve should that occur prior to the 30 minute limit. 4

. Flights will be operated at an altitude of no more than 400 feet AGL 5

. UAV operator will be trained and certified in the proper safety and operations of the UAV. In addition, the UAV operator shall be an FAA licensed airman with at least a private pilot’s certificate and third class medical. 6

. The UAV will only operate within a controlled area as defined in the Procedures

. 7. The operator will post advisor notice around the controlled area. 8. Operator will have been trained in operation of UAV generally and received up-to-date information on the particular UAV to be operated as required. 9. If the UAV loses communications or loses its GPS signal, the UAS will have capability to return to a pre-determined location within the Security Perimeter and land

. 10. The UAV will have the capability to abort a flight in case of unpredicted obstacles or emergencies.
14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91

. 203 (a) (1)

. Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAV

. In all cases, an analysis of these criteria demonstrates that the UAV operated without an airworthiness certificate , in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.
The UAV’s to be operated hereunder is less than 55 lbs

. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a controlled area as set out in the Procedures

. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator, pursuant to the Procedures requirements

. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAV, due to its size, speed of operation, location of operation , lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 14 C.F.R. § 45.23(b). Marking of the Aircraft The regulation requires:
When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft , the operator must also display on that aircraft near each entrance to the cabin , cockpit, or pilot station , in letters not less than 2 inches nor more than 6 inches

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high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable

. Even though the UAV will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed

. Given the size of the UAV, two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45

. 29 (f). The equivalent level of safety will be provided by having the UAV marked on its fuselage as required by §45

. 29 (f) where the operator working with the UAV will see the identification of the UAV as

" Experimental."
14 C.F.R. §91.7(a): Civil aircraft airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in the Procedures for Maintenance and use of safety checklists prior to each flight, an equivalent level of safety will be provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91

. 9(b) (2) provides : 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. The UAV, given its size and configuration has no ability or place to carry such a flight manual on the aircraft , not only because there is no pilot on board , but because there is no room or capacity to carry such an item on the aircraft

. The equ i valent level of safety will be maintained by keeping the flight manual at the ground control point where the operator flying the UAV will have immed i ate access to it. 14 C.F.R. § 91.103: Preflight action This regulation requires each operator to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed

. An equivalent level of safety will be provided as set forth in Procedures. The operator will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. 14 C.F.R. §91.109: Flight instruction : Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UAV’s and remotely piloted aircraft, by their design do not have fully functional dual controls

. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications

.
14 C.F

. R. §91.119: Minimum safe altitudes Section 91.119 establishes safe altitudes for operation of civil aircraft

. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA.

As set forth herein , except for the limited conditions stated in the Procedures , the UAV will never operate at higher than 200 AGL. The equivalent level of safety will be achieved given the size, we i ght, and speed of the UAV as well as the location where it is operated. In addition, the low-altitude operations of the UAV will ensure separation between these small-UAS operations and the operations of conventional aircraft that must comply with Section 91.119

. 14 C.F.R. §91.121 Altimeter Settings

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This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is

set “... to the elevation of the departure airport or an appropriate altimeter setting available before departure. " An equivalent level of safety will be achieved by the operator, pursuant to the Procedures and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91

. 151 (a) prohibits an individual from beg i nning " a flight in an a i rplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing , and , assuming normal cruising speed - (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes

. "
The battery powering the UAV provides approximately up to 30 minutes of powered flight. To meet the 30-minute reserve requirement in 14 CFR §91

. 151, UAV flights would be limited to approximately 0 (zero) minutes in length

. G i ven the limitations on the UAV's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable

. Applicant believes t hat an equivalent level of safety can be achieved by limiting flights to 15 minutes or 15% of battery power whichever happens first. This restriction would be more than adequate to return the UAV to its planned landing zone from anywhere in its limited operating area

. 14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part : (a) Except as provided in § 91

. 715, no pe r son may operate a civil aircraft unless it has within it the following : (1) An appropriate and current airworthiness certificate.
(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew
. The UAV fully loaded weighs no more than 55 lbs. and is operated without an on board pilot. As such , there is no ability or place to carry certification and registration documents or to display them on the UAV.
An equivalent level of safety will be achieved by keeping these documents at the ground control point where the operator flying the UAV will have immediate access to them , to the extent they are applicable to the UAV

. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections These regulations require that an aircraft operator or owner "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." and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. The operator will accomplish maintenance pursuant to the flight manual and operating handbook as referenced in the Procedures. An equivalent level of safety will be achieved because these small UAV’s are very limited in size and will carry a small payload and operate only in controlled areas for limited periods of time. If mechanical issues arise the UAV can land immediately and will be operating from no higher than 200 feet AGL

Pursuant to 14 C.F

. R. Part 11 , the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:
Applicant seeks an exemption from the following rules: 14 C

. F.R. §21, subpart H ; 14 C.F

. R 45.23(b) ; 14 C.F.R. §§ 61

. 113(a) & (b) ; 91.7(a); 91.9(b) (2); 91.103(b); 91

. 109; 91.119; 91.121; 91

. 151(a); 91

. 203(a) and (b); 91.405 (a) ; 91.407 (a) (1) ; 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a)

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& (b) to operate commercially a small unmanned vehicle (551bs or less) for the purpose of inspection, monitoring , mapping and data collection.



### III. Conclusion Approval of exemptions allowing commercial operation of UAVs will create a level of safety by ensuring that the operator is apparently aware of the FAA guidelines. The UAV can carry no human or heavier than 5 Lbs. payload resulting in a light weight machine that receives full maintenance checks before and after every operation, this level of scrutiny far exceeds many other dated or timed maintenance schedules of other industries.
I thank you for your time in evaluating the applicant’s petition for exemption in the above listed regulations.
Sincerely, Dan Emmons