1

April 16 , 2016

Attn: U. S. Department of Transportation Docket Operations West Building Ground Floor, Room w12

- 140 1200 New Jersey Ave, SE Washington, DC 20590

INTERACTIVE EXPLORERS, LLC’S RESPONSE TO A REQUEST FOR INFORMATION DATED APRIL 8, 2016 FOR DOCKET FAA

- 2015

- 7174 AS SET FORTH HEREIN FOR THE
COMMERCIAL OPERATION OF CERTAIN UNMANNED AIRCRAFT SYSTEMS
PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF
2012.

Jason B. Melvin
Counsel for Interactive Explorers, LLC
Texas Dro ne Lawyer Melvin Legal, PLLC
9111 Cochran Bluff Lane Dallas, Texas 75220
469

- 766

- 3502 jason@txdronelawyer.com2 TABLE OF CONTENTS

Page

GLOSSARY OF ABBREVIATIONS.............................................................................................3

SUMMARY......................................................................................................................

......... ......4

INTRODUCTION AND INTERESTS OF PETITIONER.............................................................4

BACKGROUND...................................................................................................................

.......... 4

BA SIS FOR PETITION...................................................................................

............................... 4

NAME AND ADDRESS OF PETITIONER..................................................

. ..............................5

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETITIONER SEEKS

EXEMPTION.................................................................................................... .............................5

THE EXTENT OF RELIEF AND THE REASON PETITIONER SEEKS THE

RELIEF.........................................................................................................

........................ ......15

THE REASONS WHY GRANTING PETITIONER’S REQUESTS WOULD BE IN THE

PUBLIC INTEREST........................

. ............... ............................................... .............................. 18

THE REASONS WHY GRANTING THE EXEMPTION TO PETITIONER WOULD NOT

ADVERSELY AFFECT SAFETY...................................................................

.................... ........20

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGIS TER...........................27

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT PETITIONER’S REQUESTS.................................................. ..............................28

CONCLUSION................................................................................................

........................ ......283 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
FAA Federal Aviation Administration
FAR Federal Aviation Regulation

FLIR Forward Looking Infrared
GCS Ground Control Station
GPS Global Positioning System
LOL Loss of Link
NDVI Normalized Differential Vegetation Index
NAS National Airspace System
NOTAM Notice to Airman
PIC Pilot In Command
Section 333 FAA Modernization and Reform Act of 2012 (FMRA)
SO Safety Observer
SOP Standard Operating Procedures
UA / UAV Unmanned Aerial Vehicle a/k/a Unmanned Aircraft
UAS Unmanned Aircraft System,
VFR Visual Flight Rules
VLOS Visual Line of Site
VMC Visual Meteorological Conditions
VTOL Vertical Takeo ff and Landing4 SUMMARY

In accordance with current FAA guidance and practice, Interactive Explorers, LLC ( “Petitioner”) responds to a Request For Information received from the FAA dated April 8, 2016.

Petitioner seeks to amend and correct its previous filing contained in Docket FAA

- 2015

- 7174 as
described herein. This amendment will permit Petitioner to operate Unmanned Aircraft Systems (UAS) for the commercial purpose of all approved UAS operations, including but not limited t o, aerial data collection 1 over certain areas of the United States, and under certain circumstances, within 500 feet of persons directly participating in the intended purpose of the operation. 2

INTRODUCTION AND INTERESTS OF THE PETITIONER

Petitioner is a Florida organization, o wned and controlled by Ms. Andrea Santilli. Ms. Santilli, through Petitioner, wishes to utilize various UAV

, as may be approved for use by the
FAA

, to perform aerial data collection services in accordance with Federal Aviation Administration regulations and guidance as may be amended from time to time. Petitioner’s objective is to use Unmanned Aircraft System aerial operations to provide an affordab le and safe
alternative to traditional methods of closed set motion picture operations

, broadcast television
and aerial data collection.

BACKGROUND & PROPOSED UAS/UAV

Petitioner seeks relief as stated herein to operate UAV’s for compensation or hire wit hin

the NAS. These aircraft generally are vertical takeoff and landing (VTOL) UAV with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The aircraft that Petitioner proposes to utilize have all been identified in the List of Approved Unmanned Aerial Systems (UAS) under Section 333 at regulatory docket FAA

- 2007

- 3330 (as amended from time to time) , when weighing less than fifty

- five pounds including payload. Petitioner will seek an

amendment for aircraft not listed on the ab ove docket. 3

BASIS FOR PETITION

Petitioner, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereb y petitions the Administrator to

1 Used throughout as defined by the FAA in Exemption No. 12820: “Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (prec ision surveying, RF analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA.”

2 As recently granted in In re Cape Productions, Exemption No. 11433A.

3 As recently granted in Exemption No. 15416, 15417, and others.5

commercially operate certain UAS, as noted herein, in the National Airspace System (NAS), and for an exemption from the following requirements of 14 C.F.R:

43.7 43.11 45.23(b) 45.27

45.29 61.23(a) 61.23(c) 61.101(e)(4)

61 .101(e)(5) 61.113(a) 61.315(a) 91.7(a) 91.9(b)(2) 91.9(c) 91.105 91.109(a) 91.113(b) 91.119(c) 91.121 91.151(a)(1) 91.151(b) 91.203(a) 91.203(b) 91.215 91.405(a) 91.407(a)(1) 91.409(a)(1) 91.409(a)(2) 91.417(a) 91.417(b)

Petitioner submits that the requested relief is proper since; an equivalent level of safety will be ensured, there will be no adverse impact on safety, the relief is in the public interest, and

Petitioner will use commercially appropriate risk mitigation measures

. In accord ance with 14 C.F.R. § 11.81, Petitioner provides the following information in support of its petition for exemption:



### A. Name and Address of the Petitioner.

Interactive Explorers, LLC
218 166 th Street Northeast Bradenton, FL 34212



### B. The Specific Sections Of 14 C.F.R. From Which Petitioner Seeks Exemption.
1. Petitioner Seeks Exemption From The Requirements Of Sections 43.7 and 43.11.

§43.7 Persons authorized to approve aircraft, ai rframes, aircraft engines, propellers, appliances, or component parts for return to service after maintenance, preventive maintenance, rebuilding,
or alteration. (a) Except as provided in this section and §43.17, no person, other than the Administrator,

ma y 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 certificate or an inspection authorization may approve 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 certificate may approve an aircraft, airframe, aircr aft engine, propeller, appliance, or component part for return to service as provided in Part 145 of this chapter.6

(d) A manufacturer may approve for return to service any aircraft, airframe, aircraft engine, propeller, appliance, or component part which t hat manufacturer has worked on under §43.3(j). However, except for minor alterations, the work must have been done in accordance with technical data approved by the Administrator. (e) The holder of an air carrier operating certificate or an operating certi ficate 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 pi lot 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 certificate (light

- sport aircraft) with a maintenance rating may approve an aircraft issue d a special airworthiness certificate in light

- sport category for return to service, as provided in part 65 of this chapter. (h) The holder of at least a sport pilot certificate may approve an aircraft owned or operated by that pilot and issued a special a irworthiness certificate in the light

- sport category for return to service after performing preventive maintenance under the provisions of §43.3(g).

§43.11 Content, form, and disposition of records for inspections conducted under parts 91 and 125 and §§ 135.411(a)(1) and 135.419 of this chapter. (a) Maintenance record entries. The person approving or disapproving for return to service an aircraft, airframe, aircraft engine, propeller, appliance, or component part after any inspection performed in accordan ce 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 pa rt, or portions thereof. (4) Except for progressive inspections, if the aircraft is found to be airworthy and approved for return to service, the following or a similarly worded statement

— “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 statement

— “I certify that this aircraft has been inspected in accordance with (insert type) inspection and a list of discrepancies and unairworthy items dated (date) has been provided for the aircraft owner or operator.” (6) For progressive inspections, t he following or a similarly 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 (a ircraft or components) are (approved or disapproved) for return to service.”7

If disapproved, the entry will further state “and a list of discrepancies and unairworthy items dated (date) has been provided to the aircraft owner or operator.” (7) If an inspec tion is conducted under an inspection program provided for in part 91, 125, or §135.411 (a)(1), the entry must identify the inspection program, that part of the inspection program accomplished, and contain a statement that the inspection was performed in a ccordance 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 unairworth y or does not meet the applicable 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 those items permi tted to be inoperative under §91.213(d)(2) of this chapter, that person shall place a placard, that meets the aircraft's airworthiness certification regulations, on each inoperative 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.

2. Petitioner Seeks Exemption From The Requirements Of Sections 45.23(b), 45.27, 45.29, and 91.9(c).

§45.23 Display of marks; general. (b) 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 th at aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport,” “experimental,” or “provisional,” as applicable.

§45.27 Location of marks; nonfixed

- wing aircraft. (a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23. (b) Airships. Each operator of an airship must di splay on that airship the marks required by §45.23, horizontally on

— (1) The upper surface of the right horizontal stabilizer and on the under surface of the left horizontal stabilizer with the top of the marks toward the leading edge of each stabilizer; a nd (2) Each side of the bottom half of the vertical stabilizer. (c) Spherical balloons. Each operator of a spherical balloon must display the marks required by §45.23 in two places diametrically opposite and near the maximum horizontal circumference
of tha t balloon. (d) Nonspherical balloons. Each operator of a nonspherical balloon must display the marks required by §45.23 on each side of the balloon near its maximum cross section and immediately above either the rigging band or the points of attachment of the basket or cabin suspension
cables.8

(e) Powered parachutes and weight

- shift

- control aircraft. Each operator of a powered parachute or a weight

- shift

- control aircraft must display the marks required by §§45.23 and 45.29(b)(2) of this part. The marks must be displayed in two diametrically opposite positions on the fuselage, a structural member, or a component of the aircraft and must be visible from the
side of the aircraft.

§45.29 Size of marks. (a) Except as provided in paragraph (f) of this section, each operator of an aircraft must display marks on the aircraft meeting the size requirements of this section. (b) Height. Except as provided in paragraph (h) of this part, the nationality and registration marks must be of equal height and on

— (1) Fixed

- wi ng aircraft, must be at least 12 inches high, except that: (i) An aircraft displaying marks at least 2 inches high before November 1, 1981 and an aircraft manufactured after November 2, 1981, but before January 1, 1983, may display those
marks until the ai rcraft is repainted or the marks are repainted, restored, or changed; (ii) Marks at least 3 inches high may be displayed on a glider; (iii) Marks at least 3 inches high may be displayed on an aircraft for which the FAA has issued an experimental certificat e under §21.191 (d), §21.191 (g), or §21.191 (i) of this chapter to operate as an exhibition aircraft, an amateur

- built aircraft, or a light

- sport aircraft when the maximum cruising speed of the aircraft does not exceed 180 knots CAS; and (iv) Marks may be displayed on an exhibition, antique, or other aircraft in accordance with §45.22. (2) Airships, spherical balloons, nonspherical balloons, powered parachutes, and weight

shift

- control aircraft must be at least 3 inches high; and (3) Rotorcraft, mus t be at least 12 inches high, except that rotorcraft displaying before April 18, 1983, marks required by §45.29(b)(3) in effect on April 17, 1983, and rotorcraft manufactured on or after April 18, 1983, but before December 31, 1983, may display those
marks until the aircraft is repainted or the marks are repainted, restored, or changed. (c) Width. Characters must be two

- thirds as wide as they are high, except the number “1”,
which must be one

- sixth as wide as it is high, and the letters “M” and “W” which ma y be as wide as they are high. (d) Thickness. Characters must be formed by solid lines one

- sixth as thick as the character is high. (e) Spacing. The space between each character may not be less than one

- fourth of the
character width. (f) If either one of t he surfaces authorized for displaying required marks under §45.25 is large enough for display of marks meeting the size requirements of this section and the other is not, full size marks must be placed on the larger surface. If neither surface is large eno ugh for
full

- size marks, marks as large as practicable must be displayed on the larger of the two surfaces. If no surface authorized to be marked by §45.27 is large enough for full

- size marks, marks as large as practicable must be placed on the largest of the authorized surfaces. However, powered parachutes and weight

- shift

- control aircraft must display marks at least 3 inches high.9

(g) Uniformity. The marks required by this part for fixed

- wing aircraft must have the same height, width, thickness, and spacing on both sides of the aircraft. (h) After March 7, 1988, each operator of an aircraft penetrating an ADIZ or DEWIZ must display on that aircraft temporary or permanent nationality and registration marks at least 12 inches high.

§91.9 Civil aircra ft flight manual, marking, and placard requirements. (c) No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter.

3. Petitioner Seeks Exemption From The Requirements Of Section 61.23(a), (c), 61.101 (e)(4), (e)(5), 61.113(a), and 61.315(a).

§61.23 Medical certificates: Requirement and duration. (a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) of this section, a person

— (c) Operations requiring either a medical certificate or U.S. driver's license. (1) A person must hold and possess either a medical certificate issued under part 67 of this chapter or a U.S.

driver's license when

—

§61.101 Recreational pilot privileges and limitations

. (e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in command of an aircraft

— (4) For compensation or hire; (5) In furtherance of a business;

§61.113 Private pilot privileges and limitations: P ilot in command. (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as 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 pilot in
command of an aircraft.

§61.315 What are the privileges and limits of my sport pilot certificate? (a) If you hold a sport pilot certificate you may act as pilot in command of a light

- sport aircraft, except as specified in paragraph (c) of this section.

4. Petitioner Seeks Exemption From The Requirements Of Section 91.7(a).

§91.7, entitled Civil aircraft airworthiness , subsection (a), states the following: (a) No person may operate a civil aircraft unless it i s in an airworthy condition.

5. Petitioner Seeks Exemption From The Requirements Of Section 91.9(b)(2).10

§91.9 Civil aircraft flight manual, marking, and placard requirements. (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.

6. Petitioner Seeks Exemption From The Requirements Of Section 91.105.

§91.105 Flight crewmembers at stations. (a) During takeoff and landing, and while en route, each required flight crewmember
shall

— (1) Be at the crewmember station unless the absence is necessary to perform duties in connection with the operation of the aircraft or in connection with physiological needs; and (2) Keep the safety belt fastened while at the crewmember station. (b) Each required flight crewmember of a U.S.

- registered civi l aircraft shall, during 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 required duties with the shoulder harness
fastened.

7. Petitioner Seeks Exemption From The Requirements Of Section 91.109(a).

§91.109 Flight instruction; Simulated instrument flight and certain flight tests. (a) 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. However, instrument flight instruction may be given in an airplane that is equippe d with a single, functioning throwover control wheel that controls the elevator and ailerons, in place of fixed, dual controls,
when

— [.]

8. Petitioner Seeks Exemption From The Requirements Of Section 91.113(b).

§91.113 Right

- of

- way rules: Except water o perations. (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 person operating an aircraft so as to see and avoid other ai rcraft. When a rule of this section gives another aircraft the right

- of

- way, the pilot shall give way to that aircraft and may not pass over, under, or ahead of it unless well clear.

9. Petitioner Seeks Exemption From The Requirements Of Section 91.119(c) and 91.121.11

§91.119 Minimum safe altitudes: General. 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, except o ver open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

§91.121 Altimeter settings. (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by 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 o f the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or (iii) In the case of an aircraft not equipped with a radio, the el evation of the departure airport or an appropriate altimeter setting available before departure; [.]

10. Petitioner Seeks Exemption From The Requirements Of Section 91.151(a) and (b).

§91.151 Fuel requirements for flight in VFR conditions. (a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

— (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes. (b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first po int of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.

11. Petitioner Seeks Exemption From The Requirements Of Section 91.203(a) and (b).

§91.203 Civil aircraft: Certifications required. (a) Except as pro vided in §91.715, no person may operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate. Each U.S. airworthiness certificate used to comply with this subparagraph (except a special flight per mit, a copy of the applicable operations specifications issued under §21.197(c) of this chapter, appropriate sections of the air carrier manual required by parts 121 and 135 of this chapter containing that portion of the operations specifications issued un der §21.197(c), or an authorization under §91.611) must have on it the registration number assigned to the aircraft under part 47 of this chapter. However, the airworthiness certificate need not have on it an assigned special identification number before 1 0 days after that number is first affixed to the aircraft. A revised airworthiness certificate having on12

it an assigned special identification number, that has been affixed to an aircraft, may only be obtained upon application to an FAA Flight Standards di strict office. (2) An effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft registration Application as provided for in §47.31(c), a Certificate of Aircraft registration as p rovided in part 48, or a registration certification issued under the laws of a foreign country. (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issu ed under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

12. Petitioner Seeks Exemption From The Requirements Of Section 91.215.

§91.215 ATC transponder and altitude reporting equipment and use. (a) All airspace: U.S.

- registered civil aircraft. For operations not conducted under part 121 or 135 of this chapter, ATC transponder equipment installed must meet the performance and environmental requirements of any class of TSO

- C74b (Mode A) or any class of TS O

- C74c (Mode A with altitude reporting capability) as appropriate, or the appropriate class of TSO

- C112 (Mode S). (b) All airspace. Unless otherwise authorized or directed by ATC, no person may operate an aircraft in the airspace described in paragraphs (b )(1) through (b)(5) of this section, unless that aircraft is equipped with an operable coded radar beacon transponder having either Mode 3/A 4096 code capability, replying to Mode 3/A interrogations with the code specified by ATC, or a Mode S capability, r eplying to Mode 3/A interrogations with the code specified by ATC and intermode and Mode S interrogations in accordance with the applicable provisions specified in
TSO C

- 112, and that aircraft is equipped with automatic pressure altitude reporting equipmen t having a Mode C capability that automatically replies to Mode C interrogations by transmitting pressure altitude information in 100

- foot increments. This requirement applies

— (1) All aircraft. In Class A, Class B, and Class C airspace areas; (2) All airc raft. In all airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part from the surface upward to 10,000 feet MSL; (3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not originally
certificated w ith an engine

- driven electrical system or which has not subsequently been certified with such a system installed, balloon or glider may conduct operations in the airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part p rovided such operations
are conducted

— (i) Outside any Class A, Class B, or Class C airspace area; and (ii) Below the altitude of the ceiling of a Class B or Class C airspace area designated for an airport or 10,000 feet MSL, whichever is lower; and (4) Al l aircraft in all airspace above the ceiling and within the lateral boundaries of a Class B or Class C airspace area designated for an airport upward to 10,000 feet MSL; and13

(5) All aircraft except any aircraft which was not originally certificated with an engine

driven electrical system or which has not subsequently been certified with such a system installed, balloon, or glider

— (i) In all airspace of the 48 contiguous states and the District of Columbia at and above 10,000 feet MSL, excluding the airspac e at and below 2,500 feet above the surface; and (ii) In the airspace from the surface to 10,000 feet MSL within a 10

- nautical

- mile radius of any airport listed in appendix D, section 2 of this part, excluding the airspace below 1,200 feet
outside of the l ateral boundaries of the surface area of the airspace designated for that airport. (c) Transponder

- on operation. While in the airspace as specified in paragraph (b) of this section or in all controlled airspace, each person operating an aircraft equipped with an operable ATC transponder maintained in accordance with §91.413 of this part shall operate the transponder, including Mode C equipment if installed, and shall reply on the appropriate code or as assigned by ATC. (d) ATC authorized deviations. Reques ts for ATC authorized deviations must be made to the ATC facility having jurisdiction over the concerned airspace within the time periods specified as follows: [.] (1) For operation of an aircraft with an operating transponder but without operating

automat ic pressure altitude reporting equipment having a Mode C capability, the request may be made at any time. (2) For operation of an aircraft with an inoperative transponder to the airport of ultimate destination, including any intermediate stops, or to proce ed to a place where suitable repairs can be made or both, the request may be made at any time. (3) For operation of an aircraft that is not equipped with a transponder, the request must be made at least one hour before the proposed operation.

13. Petition er Seeks Exemption From The Requirement Of Section 91.405(a).

§91.405 Maintenance required. 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, exc ept as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter; [.]

14. Petitioner Seeks Exemption From The Requirements Of Section 91.407(a)(1)

§91.407 Operation after maintenance, preventive mai ntenance, rebuilding, or alteration. (a) No person may operate any aircraft that has undergone maintenance, 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[.]

15. Petitioner Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2).14

§91.409 Inspections. (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

— (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by §43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness cert ificate in accordance with part 21 of this chapter.

16. Petitioner Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

§91.417 Maintenance records. (a) Except for work performed in accordance with §§91.411 and 91.413, each regist ered owner or operator shall keep the following records for the periods specified in paragraph (b) of
this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the
100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an
aircraft. The records must include

— (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to
service. (2) Records containing the following information: (i) The total time in servi ce of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are r equired to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The curr ent status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by §43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the followin g records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed.15

(2) The records specified in paragraph ( a)(2) of this section shall be retained and transferred
with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under §43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.



### C. The Extent Of Relief Petitioner Seeks And The Reason Petitioner Seeks

The Relief.

1. Petitioner Seeks Relief From Sections 43.7 and 43.11.

Petitioner seeks relief from 43.7 to the extent that it requires FAA certified maintenance professionals to approve an aircraft, airframe, engine, propeller, appliance or component for return to service. Petitioner will conduct maintenance and inspections in accordance with the manufacturer’s guidelines. Petitioner a lso seeks relief from 43.11 to the same extent that it requires FAA certified maintenance professionals, and also, to the extent that it requires certain placards to be placed, as the physical size of UAV’s does not permit such.

2. Petitioner Seeks Relief From Sections 45.23(b), 45.27, 45.29, and 91.9(c).

Petitioner is aware of the new regulations regarding registration and marking contained in 14 C.F.R. Part 48; however, based on reading the FAA website FAQ’s, Petitioner believes that

the web

- based regist ration system does not initially support registration of UAV used for commercial purposes. ( https://www.faa.gov/uas/registration/faqs/ ). 4 Given this, Petitioner intends to register all UAV it o perates in accordance with 14 C.F.R Part 47; however, Petitioner seeks exemption from 14 C.F.R. 45.23(b)

, 45.27, 45.29, and 91.9(c) as they relate to marking.

Given the physical size of the UAS, and the fact they have no cabin, cockpit or pilot

station e ntrance, exemption is sought in accordance with past practice of the Administration in Exemption Nos. 8738, 10167 and 10700. In accordance with the instructions currently provided in the Section 333 Exemption grants, Petitioner will mark the UAV with iden tification numbers (N

- Numbers) that are as large as practicable. To the extent that the web

- based system does eventually support registration of commercial operations, or as otherwise directed by the FAA, Petitioner will comply with Part 48.

3. Petitio ner Seeks Relief From Sections 61.23(a), (c), 61.101 (e)(4), (e)(5), 61.113(a), and 61.315(a).

4 Q. Is the registration process different if you're a business versus a person? A. The new system does not yet support registration of small UAS used in connection with a business. It will
in the future. In the mean time, these entities must continue to register using the paper

- based process.16

Under current FAA guidance, the PIC for UAV commercial operations is required to hold at least a sport pilot license with either a current FAA airman medical ce rtificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession or the Federal government.

Relief from Sections 61.23(a), (c), 61.101(e)(4), (e)(5), 61.113(a), (b) and 61.315(a) is requested to the extent necessary to allow a PIC holding a sport pilot or higher level certificate, as well as a current and valid airman medical certificate, or valid U.S. driver’s license, and who has met certain flight

- hour and currency requirements, to conduct t he proposed UAS flight operations for compensation or hire.

4. Petitioner Seeks Relief From Section 91.7(a).

Relief is requested to the extent required to allow Petitioner to determine that the UAS are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the manufacturer’s operating documents (i.e., Maintenance Log and Instr uction Manual).

Petitioner seeks the requested relief because the UAS do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Petitioner will ensure that the UAS are in airworthy condition based upon its com pliance with the operating documents prior to every flight, and further, determine that the aircraft are in condition for safe flight, as stated in the proposed conditions and limitations below.

5. Petitioner Seeks Relief From Section 91.9(b)(2).

Petition er seeks an exemption in that it requires certain manuals, materials, markings and placards to be placed inside the aircraft. Given the small size of UAV’s, compliance is impossible. The equivalent documents will be kept on the ground with the PIC.

6. Petitioner Seeks Relief From Section 91.105.

Petitioner seeks an exemption to the extent this section requires crewmembers to be on

board the aircraft. UAV are unmanned, therefore, compliance is impossible.

7. Petitioner Seeks Relief From Section 91.109( a).

Petitioner seeks an exemption to the extent that this section requires fully functioning dual controls for training. UAV’s have ground based remote control systems rather than

traditional dual aircraft controls.

8. Petitioner Seeks Relief From Sect ion 91.113(b).17

Petitioner seeks an exemption so that the see

- and

- avoid function may be performed by, and assisted by, the visual observer (VO), and the VO may relay observations to the PIC. 5

9. Petitioner Seeks Relief From Section 91.119(c) and 91.121

. Relief from Section 91.119(c) and 91.121 are required to allow flight operations of the UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude information from the UA to the PI C at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Petitioner seeks the requested relief because the UAS altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief is sought to the extent necessary to comply with the applicabl e conditions and limitations stated below.

Further, relief from 91.119(c) is needed with respect to those participating persons, vehicles and structures directly involved in the operations, and those directly participating in the intended purpose of the o peration. Relief from the section is warranted as operations will be conducted with adequate safety provisions as outlined herein and as required by the FAA. An equivalent level of safety will be maintained, and the FAA has granted relief from this secti on for previous exemptions. For greater certainty, Petitioner intends to follow the guidelines set forth by the FAA in Exemption No. 11433A.

10. Petitioner Seeks Relief From Sections 91.151(a) and (b).

Relief is requested to the extent required to allo w flights of the battery powered UAS during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of approximately 15 minutes. Without an exemption, due to battery life limitations, commercial flig ht of most UAV’s would be impossible.

11. Petitioner Seeks Relief From Sections 91.203(a) and (b).

Petitioner seeks an exemption in that this section requires certain documentation be carried about the aircraft. Given the physical size of most UAV’s, c ompliance with this section is impossible. Equivalent documentation will be kept on the ground with the PIC.

12. Petitioner Seeks Relief From Section 91.215.

5 As called for by Section 8.2.1 of Interim Operational Approval Guidance 08

- 01 (https://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/aaim/organ izations/uas/coa /faq/media/uas_guidance08

- 01.pdf)18

Petitioner seeks an exemption from the transponder and altitude reporting equipment requirements of this section. There are currently no known commercially available transponders that are able to be carried onboard the UAV’s contemplated being used by Pet itioner.

13. Petitioner Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) And 91.409(a)(2), 91.417(a) And 91.417(b).

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1), (a)(2), and 91.417(a) and (b) only apply

to aircraft with an airworthines s certificate. Petitioner requests relief from these Sections because the UAS do not require airworthiness certificates. As has been noted by the FAA on multiple exemption grants, “the FAA finds that relief from 14 CFR Part 21... is not necessary.” 6



### D. Th e Reasons Why Granting Petitioner’s Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole.

Granting the present petition will further the public interest by allowing Petitioner to safely, efficiently, and economicall y perform aerial data collection activities over certain areas of the United States. Additionally, use of the UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. The benefits of Petitioner’s proposed operation of the UAS will be realized without implicating any privacy issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The UAS are battery powered and serve as a safe, efficient, and economical alternative to

the manned aircraft t raditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of the 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 manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The UAS

d o not require an airport to takeoff or land. Likewise, a reduction of manned 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, arrival , and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The UAS.

Conducting aerial operations with the UAS, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of a ir and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and

6 AHNTECH, Inc., Exemption No. 14520 at 2.19

electric motors, the UAS produce no air pollution, and is the most viable environmentally

conscious alternative to the cabi n class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of leaded aviation fuel. The UAS, while reducing the carbon footprint of aerial acqui sitions, also eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an internal combustion engine.

By using the UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the UAS have less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically conduct similar operations (weighing a pproximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Data Collection Operations With The UAS Will Benefit The Economy.

In addition to being safe and efficient, the UAS are also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the UAS will allow United States based companies and individuals, like Petitioner, to remain competitive and contribute to growt h 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 fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery powered UAS is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a tradition al manned aircraft.

By operating the UAS, Petitioner can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial perfo rmance of U.S. companies, through commercial use of the UAS, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain compet itive both in the United States and abroad.

4. There Are No Privacy Issues.

Similar to the manned aerial acquisition flight operations that have been conducted for decades, Petitioner’s proposed operation of the UAS will not implicate any privacy issues. The UAS will be operated only in compliance with operating documents, the proposed limitations herein (as may be amended by the FAA in the grant of exemption) and all other applicable Federal Aviation Regulations.20



### E. The Reasons Why Granting The Exemptio n Would Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which Petitioner Seeks Exemption.

1. Reasons Why UAS Meet The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft and its operation, Petitioner submits that the UAS can operate safely in the NAS pursuant to FMRA Section 333, as demons trated by: (a) the characteristics of the UAS; (b) the proposed flight operations limitations; and (c) safety equivalency as set forth below.

A. The Specifications Of The UAS Demonstrate Its Safe Characteristics.

The UAS do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. The technical specifications of the UAS are within, and in the attached user manuals. When the

communication with the GCS is lost, the UAS will return to the launch position and land.

B. Flight Operations Will Be Conducted Pursuant To The Following Proposed Specific Operating Limitations. 7

1. Operations will be limited to UAS identified on the List of Approved Unm anned Aerial Systems (UAS) under Section 333 at regulatory docket FAA

- 2007

- 3330, when weighing less than fifty

- five pounds including payload. Petitioner will seek an amendment for aircraft not

listed on the above docket.

2. If operations under this exempt ion involve the use of foreign civil aircraft, the operator will obtain a Foreign Aircraft Permit pursuant to 14 CFR Section 375.41 prior to any commercial operations.

3. PIC certification: The PIC will hold at least a sport pilot certificate and either a current FAA medical certificate or valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory or possession, or the Federal government. The PIC must also meet the flight review requirements stated in 14 CFR Section 6 1.56 in an aircraft the pilot is rated on his

or her certificate.

4. PIC qualifications: The PIC must demonstrate the ability to safely operate the UAS in a manner consistent with how it will be operated under this exemption, including evasive and

emergenc y maneuvers and maintaining appropriate distances from persons, vessels, vehicles and

7 As recently granted in Exemption No. 15416, 15417, and others.21

structures before operating non

- training, proficiency, or experience

- building flights under this exemption. PIC qualification flight hours and currency may be logged con sistent with 14 CFR Section 61.51(b); however, UAS pilots must not log such time in the same column or category as time accrued during manned flight, nor shall it be recorded as part of total time.

5. Under all situations, the PIC is responsible for the sa fety of operation. The PIC is also responsible for meeting all applicable conditions and limitations as prescribed in the exemption

and ATO

- issued COA, and operating in accordance with the operating documents. All training operations must be conducted du ring dedicated training sessions and may or may not be for compensation or hire. The operating must be conducted with a dedicated visual observer (VO) who has no collateral duties and is not the PIC during the flight. The VO must maintain visual sight of the aircraft at all times during flight operations without distraction in accordance with

the conditions and limitations below.

6. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The operator 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.

7. The UA must be operated at an alti tude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

8. 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 de vice other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.

9. All operations will utilize a VO. The UA must be operated within VLOS of the PIC and VO at all times. The VO may be used to sa tisfy the VLOS requirements 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 befor e 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.

10. The exemption, the List of Approved Unmanned Aerial Systems (UAS) under Section 333,

and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS o perations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence a nd 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 revisions and22

present updated an d revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if its petitions for extension or amendment to the grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office may be contacted if questions arise regarding updates or rev isions to the operating documents.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight prior to conduct ing further operations under this exemption. Functional flight tests must be conducted by a PIC with a VO and other personnel required to conduct the functional flight test (such as mechanic or technician) and must remain at least 500 feet from all other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

12. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition safe for operation.

13. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine if the UAS is in a condition for safe fligh t. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating

until t he necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

14. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and air craft components.

15. Each UAS operated hereunder will comply with all manufacturer safety bulletins.

16. UAS operations may not be conducted during night, as defined in 14 CFR Section 1.1. All operations must be conducted under visual meteorological con ditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. For tethered UAS operations, the tether line must have colored pennants or streamers attached at not more than 50 foot intervals beginning 150 feet above the surface of the earth and visible from at least 1 mile. The requirement for pennants or stream ers is not applicable when operating exclusively below the top of and within 250 feet of any structure, so long as the UA operation does not obscure the lighting of the structure.23

19. For UAS operations where GPS signal is necessary to safely operate the U A, the PIC will immediately recover/land the UA upon loss of GPS signal.

20. If the PIC loses command or control link with the UA, the UA must follow a pre

- determined route to either reestablish link or immediately recover or land.

21. The PIC is prohib ited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least 5 minutes or with reserve as recommended by the manuf acturer.

22. The PIC must abort the flight operation if unpredicted circumstances or emergencies that could potentially degrade the safety of persons or property arise. The PIC must terminate flight operations without causing undue hazard to persons or pr operty in the air or on the ground.

23. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it i ntends to conduct operations that cannot be conducted under the terms of the COA provided with the exemption.

24. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 CFR Part 47 or 4 8, and have identification (N

- Number) markings in accordance with 14 CFR Part 45, Subpart C or part 48 (once enacted). Markings must be as large as practicable.

25. Documents used by the operator to ensure the safe operation of flight of the UAS and any documents required under 14 CFR Part 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upo n request.

26. The UA must remain clear of and give way to any manned aircraft at all times.

27. The UAS may not be operated by the PIC from any moving device or vehicle.

28. All flight operations must be conducted at least 500 feet from all persons, v essels, vehicles, and structures unless when operating:

a) Over or near people directly participating in the operation of the UAS. People directly participating in the operation of the UAS include the PIC, VO, and other consenting personnel that are direc tly participating in the safe operation of the UA.

b) Near but not over people directly participating in the intended purpose of the UAS operation. People directly participating in the intended purpose of the UAS includes

those who must be briefed on the potential risks and acknowledge and consent to those24

risks. Operators must notify the local Flight Standards District Office (FSDO) with a plan of activities at least 24 hours prior to flight operations.

c) Near nonparticipating persons. Except as provid ed in subsections (a) and (b) of this section, a UA may only be operated closer than 500 feet to a person when barriers or structures are present that sufficiently protect that person from the UA and/or debris or

hazardous materials such as fuel or chemica ls in the event of an accident. Under these conditions, the operator must ensure that the person remains under such protection for the duration of the operation. If a situation arises where the person leaves such protection

and is within 500 feet of the UA, flight operations must cease immediately in a manner that does not cause undue hazard to persons.

d) Near vessels, vehicles and structures. Prior to conducting operations the operator must obtain permission from a person with the legal authority over any vessels, vehicles or structures that will be within 500 feet of the UA during operations. The PIC must make a safety assessment of the risk of operating closer to these objects and determine that it does not present an undue hazard.

29. All operations shall be conducted over private or controlled access property with permission from a person with legal authority to grant access. Permission will be obtained for each flight to

be conducted.

30. Any incident, accident, or flight operation that transgress es the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA’s UAS Integration Office within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) in accordanc e with its UAS accident reporting requirements.

For operations conducted closer than 500 feet to people directly participating in the intended purpose of the operation, not protected by barriers, the following additional conditions and limitations apply:

31. The operator must have an operations manual that contains at least the following items, although it is not restricted to these items.

a) Operator name, address, and telephone number. b) Distribution and Revision. Procedures for revising and distribution the operations manual to ensure that it is kept current. Revisions must comply with the applicable conditions and limitations in this exception. c) Persons Authorized. Specify criteria for designating individuals as directly participating in the safe operation of the UAS. The operations manual must include procedures to ensure that all operations are conducted at distances from persons in accordance with the conditions and limitations of the exemption.25

d) Plan of Activities. The operations manual must include pr ocedures for the submission of a written plan of activities. e) Permission to Operate. The operations manual shall specify requirements and procedures that the operator will use to obtain permission to operate over property or near vessels, vehicles, and str uctures in accordance with this exemption. f) Security. The manual must specify the method of security that will be used to ensure the safety of nonparticipating persons. This should also include procedures that will be used to stop activities when unauthor ized persons, vehicles, or aircraft enter the operations area, or for any other reason, in the interest of safety. g) Briefing of persons directly participating in the intended operation. Procedures must be included to brief personnel and participating persons on the risks involved, emergency procedures, and safeguards to be followed during the operation. h) Personnel directly participating in the safe operation of the UAS Minimum Requirements. In accordance with this exemption, the operator must specify t he minimum requirements for all flight personnel in the operating manual. The PIC at a minimum will be required to meet the certification standards specified in this exemption. i) Communications. The operations manual must contain procedures to provide

comm unications capability with participants during the operation. The operator can use oral, visual, or radio communications as long as the participants are apprised of the current status of the operation. j) Accident Notification. The operations manual must co ntain procedures for notification and reporting of accidents in accordance with the exemption. In accordance with the exemption, the operating manual and all other operating documents must be accessible to the PIC during UAS operations.

32. At least 24 hou rs prior to operations, the operator must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) having jurisdiction over the proposed operating

area.

The Plan of Activities must include at least the following:

a) Dates and t imes for all flights. For seasonal or long

- term operations, this can include beginning and end dates of the timeframe, the approximate frequency (e.g. daily, every weekend, etc.), and what times of the day operations will occur. A new plan of activities must be submitted prior to each season or period of operations. b) Name and phone number of on

- site person responsible for the operation. c) Make, model, and serial or N

- Number of each UAS to be used. d) Name and certificate number of each UAS PIC involved in the o perations. e) A statement that the operator has obtained permission from property owners. Upon request, the operator will make available a list of those who gave permission.26 f) Signature of exemption holder or representative stating the plan is accurate. g) A desc ription of the flight activity, including maps or diagrams of the area over which operations will be conducted and the altitudes essential to accomplish the operation. In accordance with the exemption, the Plan of Activities and all other operating

documen ts must be accessible to the PIC during UAS operations. A new Plan of Activities must be submitted should there be any changes to items (a) through (g).

Unless otherwise specified in the exemption, Petitioner, PIC, and the UAS will comply with all applica ble parts of 14 CFR.

C. Reasons Why The Requested Relief Would Not Adversely Affect Safety.

Petitioner submits that the relief requested herein, as applied to the UAS Petitioner proposes to operate, and under the conditions stated above, provide a level of safety that is equivalent to or higher than current manned aircraft operations.

As set f orth in the table below, the FAA has previously found an equivalent level of safety and granted the requested relief in previously issued Section 333 grants for UAV operations under the same or similar circumstances.

FAR Section(s) Exemption(s) Granting Requested Relief
43.7 Nos. 13366, 13365, 12474, 12422
43.11 Nos. 13366, 13365, 12474, 12422 45.23(b) No. 11433A
45.27 Nos. 13366, 13365, 12474, 12422
45.29 Nos. 13366, 13365, 12474, 12422 61.23(a) No. 11433A 61.23(c) No. 11433A 61.101(e)(4) No. 11433A 61.101(e)(5) No. 11433A 61.113(a) No. 11433A 61.315(a) No. 11433A 91.7(a) Nos. 11433A, 13366, 13365, 12474, 12422 91.9(b)(2) Nos. 11433A, 13366, 13365, 12474, 12422 91.9(c) Nos. 13366, 13365, 12474, 12422
91.105 Nos. 13366, 13365, 12474, 12422 91.109(a) Nos. 11433A, 13366, 13365, 12474, 12422 91.113(b) Nos. 13366, 13365, 12474, 12422 91.119(c) Nos. 11433A, 13366, 13365, 12474, 12422
91.121 Nos. 11433A, 13366, 13365, 12474, 12422 91.151(a)(1) Nos. 11433A, 13366, 13365, 12474, 1242227

91.151(b) No. 11448 91.203(a) Nos. 11433A, 13366, 13365, 12474, 12422 91.203(b) Nos. 11433A, 13366, 13365, 12474, 12422
91.215 Nos. 13366, 13365, 12474, 12422 91.405(a) Nos. 11433A, 13366, 13365, 12474, 12422 91.407(a)(1) Nos. 11433A, 13366, 13365, 12474, 12422 91.409(a)(1) Nos. 11433A, 13366, 13365, 12474, 12422 91.409(a)(2) Nos. 11433A, 13366, 13365, 12474, 12422 91.417(a) Nos. 11433A, 13366, 13365, 12474, 12422 91.417(b) Nos. 11433A, 13366, 13365, 12474, 12422

In accordance with FMRA Section 333 the FAA may prescribe special conditions for Petitioner’s intended operation of the UAS that contain standards that the Administrator finds establish an equivalent level of safety. To the extent that the FAA may find Petitioner’s proposed operations lack equivalency, Petitioner requests that the FAA issue the grant of exemption with the appropriate equivalency limitations.

A Summary That Can Be Published In The Federal Register, stating: The Rules From
Which Petitioner Seeks Exemption:

Petitioner s eeks exemption from the requirements of the following Sections of 14 C.F.R:

43.7 43.11 45.23(b) 45.27
45.29 61.23(a) 61.23(c) 61.101(e)(4) 61.101(e)(5) 61.113(a) 61.315(a) 91.7(a) 91.9(b)(2) 91.9(c) 91.105 91.109(a) 91.113(b) 91.119(c) 91.121 91.151(a)(1) 91.151(b) 91.203(a) 91.203(b) 91.215 91.405(a) 91.407(a)(1) 91.409(a)(1) 91.409(a)(2) 91.417(a) 91.417(b)

A Brief Description O f The Nature Of The Exemption Petitioner Seeks:

This exemption will permit Petitioner to commercially operate Unmanned Aircraft System(s) (UAS) for the purpose of conducting closed set motion picture, commercial broadcast and aerial data collection operations over certain areas of the United States.28

Any Additional Information, Views, Or Arguments Available To Support Petitioner’s Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS . As such, Petitioner seeks request for exemption pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth within.

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, provides the authority for such UAS to operate without airworthiness certification.

As discussed in detail above, Petitioner will operate the UAS safely in the NAS, without crea ting a hazard to users of the NAS, or the public, or otherwise pose a threat to national security.

CONCLUSION

As set forth herein, Petitioner seeks an exemption 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 UAS identified herein for the purpose of conducting closed set motion picture,

broadcast television and aerial data collection operations over certain areas of the United States,

and under certain circumstanc es, within 500 feet of persons directly participating in the intended purpose of the operation. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also

advan cing the interests of the public, by allowing it to safely, efficiently, and economically operate the UAS within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA
Modernization and Reform Act of 2012, Section 333, Intera ctive Explorers, LLC respectfully requests that the Administrator amend Exemption No. 14214 as set forth in this Petition from the requirements of certain 14 C.F.R Sections as identified within.

D ated: April 16 , 201629

Respectfully submitted,

Jason B. Melvin
Counsel for Interactive Explorers, LLC Texas Drone Lawyer Melvin Legal, PLLC
9111 Cochran Bluff Lane Dallas, Texas 75220
469

- 766

- 3502 jason@txdronelawyer.com