## !!!!!! Name and Address of Applicant:!!!!!!! Corey Ingalls!!!!!!! Technical Specialist!!!!!!! NMotion UAS!!!!!!! 216 N. Mosley ST #210!!!!!!! Wichita, KS 67202



## April 17, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

RE: Exemption Request under Section 333 of the FAA Modernization and

Reform Act of 2012 and 14 C.F.R. Part 11

Dear Sir or Madam:

NMotion UAS, LLC (NMotion UAS) located at 216 N Mosley St Suite 210, Wichita,

KS 67202 and Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("FAA Reform Act") and 14 C.F.R. Part 11, respectfully requestsexemptions from several provisions of the Federal Aviation Regulations ("FAR"), specifically Section 333 which authorizes the FAA to determine:

1. If certain unmanned aircraft systems, if any, as a result 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 pose a threat to national security; and

2. Whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

We are writing to request that NMotion UAS, an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations ("FARs") listed below so that NMotion UAS, may operate its small unmanned aircraft systems ("UAS") commercially in airspace regulated by the Federal Aviation

Administration

(“FAA”); as long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by

Section 333.

NMotion UAS has been actively involved in the technical development of UAS service applications to provide high definition aerial photography for public safety professionals with small, unmanned aircraft and lightweight UAS’s.

The substance of this request is essentially the same as that granted to LowCountryRC Docket Number FAA-2014-0803 in that NMotion UAS is committed in public safety, as well as, aerial photography and inspection of

structures.

NMotion UAS has fully equipped each of its small unmanned aircraft for aerial photography and video, primarily for use in the public safety sector, including; law enforcement, hazmat, search and rescue, fire departments, and any other entity considered public safety. While primarily serving public safety, NMotion UAS has also equipped their UAV’s for aerial photography and commercial inspections.

NMotion UAS exemption request would permit its operation of lightweight, unmanned (remotely controlled in line of sight) UAS's in tightly controlled and limited airspace. Predetermined, specifically marked areas of operation, sectioned off locations will allow NMotion UAS to operate within current safety regulations and new ones being sought. As identified, similar lightweight, remote controlled UAS's are legally operated by amateurs with no flight experience, safety plan or controls in place to prevent catastrophe.

Granting NMotion UAS's request coheres with the Secretary of Transportation's (FAA Administrator's) responsibilities to not only integrate UAS's into the nationalairspace system, but to" ... establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system" under Section 333 of the Reform Act. Further, NMotion UAS will conduct its operations in compliance with the protocols described herein or as otherwise established by the FAA.

The Extent of Relief NMotion UAS Seeks and the Reason It Seeks Such Relief:

NMotion UAS submits this application in accordance with the Reform Act, 112

P.L. 95 

### §§ 331-334, seeking relief from any currently applicable FAR's operating to prevent NMotion UAS contemplated commercial operations, research and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public's interest to do so. NMotion UAS lightweight UAS's meet the definition of "small unmanned aircraft" as

defined in Section 331 and therefore the integration of NMotion UAS lightweight UAS's are expressly contemplated by the Reform Act. NMotion UAS would like to operate its lightweight UAS's prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations include:

The weight, size, speed and overall capabilities of the UAS; Whether the UAS will be operated near airports or populated areas; and, Whether the UAS will be operated by line of sight.

112 P.L. 95 

### § 333 (a). Each of these items mitigates in favor of an exemption for

NMotion UAS.

NMotion UAS’s aircraft uses multi counter-rotating propellers for extreme balance, control and stability. They each weigh less than 55 pounds, including camera or other equipment. Each of NMotion UAS’s aircraft small unmanned aircraft is designed to primarily hover in place and operate at less than a 50 knot maximum speed. They are capable of vertical and horizontal operations but operate only within the visual line of sight pilot-in-command (PIC). In addition to the PIC, NMotion UAS utilizes a qualified spotter, capable of fully operating the aircraft in such that, the PIC would encounter a medical emergency during operations.

Utilizing battery power and not combustible fuels, flights generally last between fifteen and twenty-five minutes. NMotion UAS will not, under any circumstance, operate the aircraft under twenty-five percent battery level. Safety systems in place include a failsafe mode that allows NMotion UAS aircraft to return to the GPS launch coordinates if communication with the radio control is lost or battery level becomes less than twenty five percent.

NMotion UAS does not operate its UAV's near airports and does not operate them near populated areas.NMotion UAS operation of its small unmanned aircraft will not "create a hazard to
users of the national airspace system or the public." 112 P.L. 95 

### § 3 3 3 (b). Given the small size and weight of NMotion UAS aircraft, combined with their operation of well-controlled areas, NMotion UAS aircrafts fall within Congress's contemplated safety zone when it published the Reform Act and the corresponding directive to integrate UAS's into the national airspace system. NMotion UAS aircraft have an outstanding safety record and do not pose any threat to the general public or national security. The FAA has the authority to issue the exemption to NMotion UAS pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the “Act").

Commercial and Public Benefits Granting NMotion UAS exemption request furthers the public interest. First, Congress has already pronounced that it

is in the public’s interest to integrate commercially flown UAS's into the national airspace system, thus the passing of the Reform Act. Second, NMotion UAS conducts research into safe UAS operations every time it flies one of its UAV's. Flight data, visual inspections, recorded observations and flight analyses are compiled to further enhance current safety protocols. Granting approval of this exemption request for NMotion UAS to log more flight time will augment its ability to further enhance current safety measures.

Granting the NMotion UAS exemption request considerably furthers the public's interest in more ways than currently known. Allowing NMotion UAS to fly within the United States allows for improvements in publicly usable technologies or

advancements in equipment available to law enforcement personnel and first responders with state of the art equipment that does not cost the tax payers

millions.

Reasons Why NMotion UAS Exemption Will Not Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

NMotion UAS exemption will not adversely affect safety. Actually, for the many reasons stated, permitting NMotion UAS to gain experience and information over time will allow NMotion UAS to innovate and implement new and improved safety protocols.

NMotion UAS aircraft weigh less than 55 pounds complete with cameras.

NMotion UAS only operates its UAS's below 400 feet;

NMotion UAS UAV's operate for 5-30 minutes per flight;

NMotion UAS lands its UAS's before they reach a threshold 25% battery power;

NMotion UAS pilots operate NMotion UAS aircraft by Visual Line of Sight (VSOL)

at all times.

NMotion UAS pilots have live video streamed to the ground control station should they somehow lose sight of the UAS;NMotion UAS staffs each flight with a pilot-in-command and spotter capable of operating aircraft;

NMotion UAS aircraft have GPS flight modes whereby they return to launch if communication with the remote control is lost or battery threshold becomes less than 25%;

NMotion UAS actively examines electronic flight data and other sources of information to constantly update and enhance safety protocols;

NMotion UAS only operates in secured areas that are strictly controlled, are away from airports and populated areas;

NMotion UAS conducts extensive briefings prior to flight, during which safety carries primary importance;

NMotion UAS always obtains all necessary permissions and permits prior to operation;

NMotion UAS operationally administers a level of safety equal to and even greater than existing rules set forth. It is important to note that absent the integration of commercial UAS's into our national airspace system, helicopters are the primary means of aerial observation. While the safety record of such helicopters is incredible, it is far safer to operate a battery powered lightweight UAS. First, the potential loss of life is decreased because NMotion UAS aircraft carry no people on board and NMotion UAS only operates in areas away from major populations. Second, there is no fuel on board NMotion UAS aircraft and thus the potential for fire or explosions is highly decreased. Third, the small size and acute maneuverability of NMotion UAS aircraft allow the pilot in command to avoid hazards. Respectfully, NMotion UAS aircraft have and will always operate at and above current safety requirements.



### Summary the FAA may publish in 

### the Federal Register:

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR§ 91.203(a)(l). The size, weight and enclosed operational area of NMotion UAS permits exemption from Part 21 because NMotion UAS aircraft meet an equivalent level of safety pursuant to Section 3 3 3 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S. C. § 44701 (f)) and

A. Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airportsand dense populations. NMotion UAS aircraft meet or exceed each of the

elements.

14 C.F.R. 91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual at the flight operations center. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as NMotion UAS aircraft utilize electronic global positioning systems and internal gyroscopes to provide spatial coordination.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining such certifications and registrations at the NMotion UAS flight operations center.

B. 14 C.F.R. 

### § 45.23: Marking of the Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked according to certain specifications. NMotion UAS aircraft are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two-inch lettering is difficult to place on such small aircraft. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and

10700.

C. 14 C.F.R. 

### § 61.113: Private Pilot Privileges and Limitations. PIC

Pursuant to 14 C.F.R. 

### §§ 61.113 (a) & (b), private pilots are limited to noncommercial operations. NMotion UAS can achieve an equivalent level of safety as achieved by current Regulations because NMotion UAS aircraft do not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure unmanned piloting skills, though NMotion UAS pilot vetting and training programs (based upon completion of an FAA Approved Ground School and a self-administered UAS flight training program and internal procedures) will. All Further, the risks attendant to the operation of NMotion

UAS aircraft is far less than the risk levels inherent in the commercial

activities outlined in 14 C.F.R. 

### § 61, et seq.

D. 14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. 

### § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows Helicopters to be operated at lower altitudes in certain conditions. NMotionUAS aircraft will never operate at an altitude greater than 400 AGL. NMotion UAS will, however, operate its UAV's in sectioned off areas with security perimeters, providing a level of safety at least equivalent to those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed of NMotion UAS aircraft, an equivalent level of safety will be achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. The above-cited Regulations require, amongst other things, aircraft owners and operators to "have [the] 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."

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to NMotion UAS should its requested exemption be granted. NMotion UAS conducts an extensive maintenance program that involves regular software updates and constant inspection for assessment of any damaged hardware. Therefore, an equivalent level of safety will be achieved. NMotion UAS has researched and developed its own designs.

F. Summary

NMotion UAS seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.P.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.P.R.§ 91.409 (a)(2);

14 C.P.R.§ 91.409 (a)(2); and, 14 C.P.R.§§ 91.417 (a) & (b) to commercially operate

its fleet of small unmanned vehicles and lightweight unmanned aircraft vehicles and to conduct its own research and to develop economic platforms for aerial survey, law enforcement , first responders, search and rescue. Granting the NMotion UAS request for exemption will reduce current risk levels and thereby enhance safety.

Further, NMotion UAS operates at lower altitudes and in controlled airspace. NMotion UAS has been analyzing flight data and other information in compiling novel safety protocols and the implementation of a flight operations manual that exceeds currently accepted means and methods of safe flight. There are no people on board

NMotion UAS aircraft and therefore the likelihood of death or serious bodily injury is significantly limited. NMotion UAS operation of its aircraft, weighing less than 55 pounds and traveling at speeds lower than 50 knots in cordoned off areas will provide at least an equivalent level of safety as that achieved under current FARs.NMotion UAS respectfully requests that the FAA grant its exemption request without delay. The FAA has the authority to issue the exemption sought by NMotion UAS pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

Thank you for the time and consideration of the above Exemption Request. Please contact Mr. Corey Ingalls for more information or questions that arise.

Corey Ingalls

Technical Specialist

NMotion UAS, LLC.

216 N Mosley St #210

Wichita, KS 67202

(316) 305-6275

corey@nmotionuas.com