1 

### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC Regulatory Docket No. _______________



### IN THE MATTER OF THE PETITION FOR EXEMPTION OF: BETWEEN THE PEAKS AVIATION, INC., FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS 14 C.F.R §§ 35 Part 21; and 91.7; 91.103(b); 91.109; 91.119; 91.121; 91.151; 91.405(a); 91.407(a)(1); 91.409(a)(1) & (a)(2); AND 91.417(a) &(b); 91.7(a)
CONCERNING COMMERCIAL OPERATION OF THE
DJI SREADING WINGS S1000 UNMANNED AIRCRAFT SYSTEM PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFO RM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on January 28, 2015 L. MICHAEL TRENKLE. Between the Peaks Aviation, Inc 1660 Prominence Circle Elizabeth, Colorado 80107 Tel: (303) 596-0261 Fax: (303) 600-0111 CEO2 

### TABLE OF CONTENTS

Page

SUMMARY ....................................................................................................................... ...........................3

INTRODUCTION................................................................................................................... ......................3

BACKGROUND OF PETITIONER.......................

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

PUBLIC INTEREST..... .......................................................................................................... ......................4

SPECIFIC SECTIONS OF 14 CFR WHICH BETWEEN THE PEAKS AVIATION SEEKS
EXEMPTION...................................................................................................................... ...........................5

REASONS BETWEEN THE PEAKS AVIATION EXEMPTION WILL NOT AFFECT PUBLIC
SAFETY......................................................................................................................... ..............................10

CONCLUSION .................................................................................................................... .......................13

SUPPLEMENTAL ATTACHEMENTS

BETWEEN THE PEAKS AVIATION PROPRIETARY FLIGHT OPERATIONS AND PROCEDURE
MANUAL......................................................................................................................... ..........................A1

OPERATION AND CONSTRUCTION MANUALS OF BETWEEN THE PEAKS AVIATION
UNMANNED AERIAL SYSTEM......................................................................................................... ....A23 

### SUMMARY

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (t he “Reform Act”) and 14 C.F.R. Part 11, Between the Peaks Aviation, Inc., seeks an exemption from Federal Aviation Regulations (“FARs”); C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.105;(2) and (b) 91.109; 119.121; 91.151(a); 91.203(a )&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b). This exemption will permit Between the Peaks Aviation, Inc., (hereinafter referred to as “Between the Peaks Aviation”) is an unmanned aircra ft solutions provider with services for state, local,
and commercial clients. Between the Peaks Aviati on is focused on providing solutions for utilizing unmanned aircraft for aerial data acquisition, photog raphy and film work in the areas of Construction, Agriculture, Infrastructure, Real Estate, and other applicable areas.

INTRODUCTION

L. Michael Trenkle, and The Company formed by him, Between the Peaks Aviation Inc, (both L. Michael Trenkle and Between the Peaks Aviation Inc., herein after known as Between the Peaks Aviation) seeks an exemption to operate the DJI Spreading Wings S100 0, for compensation or hire within the national airspace system (NAS).

The DJI Spreading Wings S1000 UAS is a professional level flight platform manufactured by DJI, a
multi-rotor manufacturer established in 2006 that has a history of producing leading edge UAS platforms and safety systems for the professional UAS operator around the world.

The DJI Spreading Wings S1000 UAS (hereinafter known as the UAS) is comprised of a Radio Controlled eight motor, multi-rotor unmanned aircra ft system (UAS). The UAS has direct pilot intervention at all times. Redundant automated systems ar e in place to assist the pilot and ensure that at no time is safety compromised by a lost link situatio n. Between the Peaks Aviation has integrated a transportable ground control station as part of the UAS flight system. The DJI Spreading Wings S1000 UAS has a maximum gross weight of approximately twen ty five (25) pounds, (typical net weight is in the eighteen pound range), while having a diameter of 41 in ches. The UAS is equipped with eight propellers and eight motors driven by Lithium Polymer ba tteries. Maximum speed of approximately 40mph, maximum rate of climb: 1180fpm, and a maximum wind component of <8m/s (17.9mph / 28.8km/h). Maximum flight times of forty (40) minutes with the capability to hover, and move in the vertical and horizontal plane simultaneously. Maximum altitude is four hundred (400) feet limited by Between the Peaks Aviation, vertical line of sight (VLOS) requirements.

To maintain vertical line of sight (VLOS) requi rements, the UAS is equipped with distance limiting programs to ensure that the UAS and /or the pilot do not operate the aircraft beyond a predetermined range. Between the Peaks Aviation will not operate in anything but Visual Meteorological Conditions (VMC), no l ess than five hundred (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.

The radio frequencies and equipment utilize either th e 2.4mhz spectrum or the 900mhz spectrum. All equipment has the appropriate FCC authorization / ap proval to transmit on the radio frequencies used for4 UAS uplink and downlink of control, telemetry, and payload information. (See attached FCC compliance statements submitted as part of this request).



### BACKGROUND OF PETITIONER

I, L. Michael Trenkle, have been a licensed pilot for fourteen years and have been active in model aviation for over twenty five years. I have sev eral thousand hours in combined full scale and model aviation, including scale air racing, aerobatic comp etition and over twenty years in model helicopter flight experience.

With the years of experience in flight attained, I recognize the importance of safety as the first and foremost consideration in aviation. There are many operators of small unmanned aircraft systems that are either unaware or unwilling to adhere to the strict safety guidelines that the FAA has instituted over the years to ensure the safety of the National Airspace System as well as persons and property on the ground. With these issues in mind, Between the Peaks Aviation Inc. seeks to offer safe and legal unmanned aerial options for data collection, mapping and surveying, photography, and agriculture services for state, local
and commercial clients.

Between the Peaks Aviation is committed to safety in all of its operations, as such, Between the Peaks Aviation has developed multiple safety protocols, both in its operations and its flight platforms to ensure every level of safety and minimize the risk of damage to persons or property on the ground or in the air (NAS) and to comply with all state, local, and FAA regulations.

PUBLIC INTEREST

Currently, aircraft for aerial data acquisition, phot ography and film and other aerial operations, utilize manned aircraft, fixed wing or helicopters, that wei gh thousands of pounds and can carry upwards of two hundred gallons of fuel. To perform aerial operations as described herein, these aircraft must fly at lower altitudes, increasing the risk to those on the ground and in the airspace, and contribute to a high level of noise pollution which can disturb citizens or anim als while performing these operations. Between the Peaks Aviation is concerned with safety and the im pact on the community and environment. Utilizing small unmanned aerial systems, minimizes the impact to the environment a nd to the community as a whole. Operating small electric powered UAS's, poses no risk of fuel spillage or contamination in the
event of an accident. In the unlikel y event of an accident, the small size of the UAS eliminates the risk to health and safety to onboard pilots and passengers and minimizes if not altogether removes the hazards to persons on the ground. Sound pollution is almost none xistent, due to clean quiet electric operation.

Between the Peaks Aviation believes that responsible and safe UAS operations must be utilized to allow for UAS operations to continue.

SPECIFIC SECTIONS OF 14 CFR WHICH BETWEEN THE PEAKS AVIATION SEEKS
EXEMPTION5 Petitioner, Between the Peaks Aviation, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Moderniza tion and Reform Act of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to operate the S1000 UAS in the national airspace system, and for an exemption from the requirements of 14 C.F.R Part 21, §§ 91.103(b) 91.119, 91.121, 91.151, 91.109(a), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

Between the Peaks Aviation requests relief from 14 C.F.R. 91.7(a), Airworthiness Certificate.

In consideration of the 

### limited size, weight, operating conditions, design safety features, and the imposed conditions and limitations by Between the Peaks Aviation, with the unmanned aircraft and its operation, Between the Peaks Aviation's operation of the S1000 UAS meets the conditions of Section 333 and should not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

14 C.F.R. 91.7(a) prohibits the operation of an aircra ft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. No
standard exists for airworthiness of the S1000 at this time, an equivalent level of safety will be achieved by insuring compliance with the Between the Peaks Aviation's Flight Operations and Procedure Manual with Safety Checklists, and the S1000 User manual as well as inspection and / or maintenance, performed by an Airframe and Powerplant mechanic. Between th e Peaks Aviation believes that compliance with the applicable manuals, the S1000 User Manual and Between the Peaks Av iation's Flight Operations and Procedure Manual, including checklists, and inspectio n and / or maintenance, performed by a Airframe and Powerplant mechanic, employed by Between the P eaks Aviation, that a very high level of safety can be achieved in assuring the airworthiness of Between the Peaks Aviation's S1000 UAS. The policies and procedures in place by Between the Peaks Aviation and the equipment utilized on the UAS for Risk Mitigation, provide an Acceptable Level of Safety (ALoS) that rivals full scale aircraft operations.

Therefore, Between the Peaks Aviation requests relief from 14 C.F.R. 91.7(a).

Between the Peaks Aviation requests relief from 91.103(b) Pre-Flight Action , specifically " For any flight, runway lengths at airports of intended use."

Per the preflight section in Between the Peaks Aviati on Flight Operations and Procedure Manual, certain preflight actions by the PIC are required including, but not limited to;

 Aircraft safety and flight worthiness inspection.

 Ground station inspection.

 Site assessment and inspection.

 The PIC will take all actions including review ing weather, including visibility and standoff
distances from clouds.

 Flight battery requirements.

Considering that operations will probably not occur at any airport, the requirement for knowledge of runway lengths at the airport of intended use, is not appropriate in this case.6 Therefore, Between the Peaks Aviation requests relief from 91.103(b).

Between the Peaks Aviation requests relief from 91.105(2) and (b), Flight crewmembers at stations.

The UAS operated by Between the Peaks Aviation has no cockpit, the requirement for seatbelts is not applicable.

Therefore, Between the Peaks Aviation requests relief from 91.105(2) and (b).

Between the Peaks Aviation requests relief from 91.109(a), Flight Instruction

.

Although there is the ability to utilize dual controls on the UAS operated by Between the Peaks Aviation, the dual control is only utilized during a limited time during flight instruction activities. The second set of controls are removable and not practical for all ph ases of the time building or flight instruction process in place as referenced by Between the Peaks Avia tion Flight Operations and Procedure Manual.

Therefore, Between the Peaks Aviation requests relief from 91.109(a)

Between the Peaks Aviation requests relief from 91.119

, Minimum safe altitudes

. Section 91.119 establishes safe altitudes for operation of civil aircraft.

Between the Peaks Aviation's S1000 UAS has multiple saf ety systems integrated within the airframe to minimize the risk of damage to persons or property and has been assembled with the additional features to mimic as closely as possible (considering the limitations in size and capability) the requirements of full scale aircraft and the regulations such aircraft are required to comply with.

 With eight motors, Between the Peaks Aviation' s S1000 UAS has the ability to stay aloft and make a safe controlled landing, even with the loss of one motor.

 Between the Peaks Aviation's S1000 UAS is electric is there is no risk of fuel spillage or a fire from leaking fuel after an emergency, where as the typical aircraft utilized in the proposed operations of Between the Peaks Aviation can we igh thousands of pounds and carry up to 200 gallons of fuel.

 Equipped with altitude and distance limiting features that inhibit the UAS from flying above certain altitudes or beyond specified ranges.

 In the unlikely event of a GPS and / or radio control Lost link, the UAS automatically enters into a hover, if GPS and / or radio control link cannot be re-established, the UAS will return back to its departure point (Fail Safe).

 Between the Peaks Aviation's S1000 UAS is also equipped with a rapid deployment ballistic recovery parachute that is automatically activat ed in the event of any catastrophic event. (a) The flight controller determines an e mergency (catastrophic event) as a rate of decent greater than 10 m/s (1978 fpm / 22.36 mph) or a critical battery (10%) level while still at altitude.7 (b) Typical loaded weight of the S1000 UAS will be less than 20 lbs (approximately 18lbs). At a weight of 18lbs, the emergency recovery parachute allows a decent rate of 6 m/s (1181 FPM / 13.4 MPH), a very slow decent rate.

(c) The emergency recovery parachute is a Co2 driv en device that is fully deployed in one half (1/2) second with full parachute deployment and effectiveness after a drop of only 16.5 feet. (d) Minimum altitude for safe deployment is 6m / 19.7 feet.

 ADS-B transponder equipped (Dual band 978 and 1090)

 ADS-B receiver equipped

 COMM Radio equipped at Ground Station

 Navigation and anti-collision lights

 AHRS with telemetry link to Ground Station, equi pped with Synthetic Vision, Terrain Detection, Air to Air Traffic Detection, GPS, NEXRAD Radar, Weather, NOTAM’s, etc. (TISB / FISB)

 Flight operations will not take place unless all non- participating persons are more than 500 feet and 200 feet from property measured from the flight operation area or in an appropriate shelter/ building that can shield them from the aircra ft in case of any unrecoverable situation.

 Flight operations will only commence with pe rmission of the land owner / controller

 Flight operations will only take place in VMC and VLOS.

 Flight operations will always have a Visual Obser ver (VO) to assist the pilot in any and all sense and avoid concerns regarding airspace as well as any other hazards that may exist within the flight operation envelope.

 Flight operations in Class A or B airspace will not be performed.

Certain areas along the front range of Colorado as we ll as the western slope are considered congested areas. Although the area may be congested, per secti onal charts, there are many areas within these zones that are very wide open and comply with the self imposed 200 foot standoff from hazards (busy roads, buildings, towers, power lines, open air gatherings of people, etc.) or a much greater range as proposed by the petitioner, and 500 foot distance from any non par ticipating individuals. This is mainly due to the relatively rural and spread out nature of Colorado th at is not as common in other states. The ability to comply with airspace rules, sense and avoid other ai rcraft, yielding the right of way to all full scale operations, Anti-Collision and Naviga tion Lights, Air Traffic Control Communications, VO to assist in ground and air hazard recognition ( buildings, towers, full scale flight operations, etc.), as well as extensive pre-flight site analysis combined, create a scenario that minimizes the risk to persons or property, and allows for flight operations to be saf ely conducted and create an operation that is as safe or safer than any operation with an aircraft ty pically employed in the proposed operations.



### The FAA has stated that there is no precise de finition of a “congested area” and official U.S. Government aeronautical charts and NOTAMs provide general guidance for developing a proposed route that complies with § 91.119. (Trimble, Waiver 11110). 

### The FAA states in 8900.1 V16, C1, S2,

" H. Congested Area. A congested area is determin ed on a case-by-case basis. The determination must take into consideration all circumstances, not only the size of an area and the number of homes or structures (e.g., whether the buildings are occupied or people are otherwise present, such as on roads). Furthermore, aeronautical charts would not be expected to reflect all required local information." As such, Between the Peaks Aviation utilizes all aforementione d safety procedures and guidelines to be able to operate safely, even in areas that are "generally" d esignated as congested. With the use of appropriate standoff distances from structures and hazards, large, heavily trafficked roads, non production persons, working with appropriate airports and ATC's, filing of a NOTAM, as well as the integrated safety features on the UAS operated by Between the Peaks Aviation, the safety of the public and property can be8 ensured, especially when compared to the risks of traditional aircraft u tilized in similar activities to those proposed here (See also submitted Supplemental Summary Adherence to 8900.1 

### ).

Considering the sense and avoid and other safety cons iderations factored in to Between the Peaks Aviation's operational procedures, and the installe d features on the S1000 UAS including but not limited to, ADS-B transponder, ADS-B receiver, synthetic vision, integrated lost link procedures (Fail Safe), the ability of the UAS to operate even with the failure of one motor, emergency ballistic parachute, the exceptionally fast rate of parachute deployment, th e very short distance of drop prior to effective parachute deployment, the minimum safe altitude for de ployment, the very short distance of drop prior to emergency parachute deployment, light weight of the S1000 UAS, elimination of the risk of carrying up to 200 gallons of fuel as a typical aircraft would car ry minimal risk of damage to persons or property in the NAS or on the ground, especially as flight operati ons will not be conducted with in 500 feet of any non participating persons, well within the safety margin for emergency procedures to be implemented and effective, standoff distances of at least 200 feet for any natural or man-made hazards, and filing of NOTAM's for flight operations, Between the Peak s Aviation believes that the S1000 UAS meets the requirements of the FAA to be able to perform an emergency landing without un due hazard to persons or property on the surface if a power unit fails, as specified 91.119, or in the case of a loss of link, or any other catastrophic event.

Therefore, Between the Peaks Aviation requests relie f from 91.119(a), 91.119(b), 91.119(c) 91.119 (d)(1) and 91.119(d)(2).

Between the Peaks Aviation requests relief from 91.121 Altimeter Settings.

Between the Peaks Aviation S1000 UAS is equipped with redundant pressure and GPS altimeters that provide altitude readings AGL and as well as an ADS-B receiver, coupled with synthetic vision AHRS that provides GPS indicated altitude MSL and AGL 

### to the UAS pilot via a digitally encoded telemetric data feed, which downlinks from the aircraft to a ground-based on-screen display.

Between the Peaks Aviation will only conduct flight op erations within Visual Line of Sight (VLOS).



### In the Astraeus-Aerial Waiver 11062, and Snaproll Waiver 11063, the FAA determined that this method to be a sufficient method for ensuring the UAS operations do not adversely affect safety.

Therefore, Between the Peaks Aviation requests relief from 91.121.

Between the Peaks Aviation requests relief from 91.151 Fuel Requirements in VFR Conditions.

Between the Peaks Aviation operates an electric powered UAS and ground station equipped with 

### a digitally encoded telemetric data feed that includes feedback data on remaining battery life.

Between the Peaks Aviation S1000 can be configured for multiple battery options that can provide up to forty (40) minutes of flight time. As the battery op tions and loads can vary, depending on net weight, so can maximum flight times. Considering the limited flight times possible, to require a reserve of thirty minutes daytime and forty minutes nighttime would not be possible in all situations.

The FAA recognized these limitations with small UAS' s and in 2689, 5745, 1 0650, 8811, 10808, and
10673



### .9 Between the Peaks Aviation S1000 UAS is equipped w ith multiple fail safe items that minimize the risk of the UAS completely exhausting the battery supply. Should the battery level fall below thirty (30) percent capacity, (programmed by Between the Peaks Aviation) the S1000 UAS will automatically initiate the fail safe mode and return to home. Shoul d the capacity fall to twenty (20) percent capacity, the UAS will immediately descend and land. If battery levels were to drop below ten (10) percent capacity, the emergency ballistic parachute will deploy, safely bringing the UAS to the ground.

Therefore, Between the Peaks Aviation requests relief from 91.151.

Between the Peaks Aviation requests relief from 14 CFR 91.405(a), Maintenance required , 91.407(a)(1), Operation after maintenance, preventive ma intenance, rebuilding, or alteration, 91.409(a)(2), Inspections, and 91.417(a) and (b), Maintenance records.

Between the Peaks Aviation believes that these sections only apply to aircraft with an airworthiness
certificate.

Between the Peaks Aviation submits that the requested relief is proper since an equivalent level of safety will be ensured. Between the Peaks, will use its Airframe and Powerplant (A &P) mechanic to perform and /or inspect maintenance, alterations, and prev entive maintenance on the unmanned aircraft system using the methods, techniques, and practices prescr ibed in Between the Peaks Aviation's Flight Operations and Procedure Manual. Furthermore, Between the Peaks Aviation will document and maintain
all maintenance records for the S1000 UAS.

Therefore, Between the Peaks Aviation requests relief from 14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b).

Between the Peaks Aviation requests permission to operate at night per 14 CFR 1.1.

UAS operations by Between the Peaks Aviation w ill only be conducted by certificated pilots.

Between the Peaks Aviation has installed on its UAS navigation lights required under 14 CFR 91.209, including wingtip lights, anti-collision strobe lights an d a flashing beacon at the tail end of the UAS. The lighting system can be seen from a minimum of three (3) statute miles per 91.209.

In addition to the standard naviga tion and anti-collision lights installed, the UAS is also equipped with lower intensity lighting to aid the VO and the PIC with maintaining the requirement for VLOS.

The installed lighting coupled with the ADS-B trans ponder would alert any other air traffic and / or air traffic control operating in the area to the pr esence of the UAS, (as well as required NOTAM's).

The onboard telemetry downlink system has dual redunda nt primary instruments, providing an artificial horizon, altimeter, vertical speed and airspeed, (AHRS), as well as battery life and other warning messages, that are viewable at the ground station. To operate in nighttime VFR conditions, the PIC and the VO will arrive at least thirty (30) minutes prior to nighttime to ensure dark adaptation (8900.1 V16, C5, S3 I).10 The PIC, VO, and any other participating persons will examine and pre-flight the area prior to nighttime, to assess risks and hazards present. For all nighttime operations, standoff distances from hazards will be increased to three hundred feet (300) minimums and mandatory battery life remaining prior to required landing would be increased to 40% life remaining. On ly when it can be determined that there are no hazards or risks to flight operations, non-particip ating persons, and full scale flight operations, would a nighttime VFR flight be approved.

Therefore, Between the Peaks Aviation requests pe rmission to operate at night per 14 CFR 1.1.

REASONS BETWEEN THE PEAKS AVIATION EXEMPTION WILL NOT AFFECT PUBLIC
SAFETY

The flight system that Between the Peaks Aviation has constructed is based on the DJI Spreading Wings S1000 platform. The aircraft is constructed primar ily of carbon fiber intended to lift a range of cameras including still, video and multispectral cameras.

The components installed by Between the P eaks Aviation to enhance the safety include;

 Direct Pilot Intervention via remote control.

 FAA Compliant ADS-B transponder per 91.215 certified per 91.413

 Altitude Heading Reference System (AHRS).

 ADS-B receiver

 3D Synthetic Vision app. at mobile ground sta tion, including GPS, Wi-Fi and In-flight NEXRAD Radar, Weather, NOTAM’s etc. (FIS-B).

 Navigation and Anti-Collision lighting.

 GPS Based altitude and position sensors and flight stabilization systems.

 Redundant Pressure and GPS Altimeters

 Equipped with altitude and distance limiting features that inhibit the UAS from flying above certain altitudes or beyond a specified range.

 Lost link integration providing for automatic return to home system ensuring that in the unlikely event of a lost link occurrence (Fail Safe), th e S1000 UAS will safely return to the departure point.

 Emergency recovery parachute. In the event of a loss of link, a critical loss of power, or any other catastrophic failure, the S1000 UAS will automatically deploy a parachute returning the UAS safely to the ground minimizing any potential damage to persons or property.

 Emergency recovery parachute is also manually deployable by the pilot in case of any other emergency situation.

 Remote instrumentation at the mobile ground station relaying data back to the pilot, including, altitude, heading, airspeed (relative ground speed), ar tificial horizon, rate of climb, GPS position, other aircraft in the area and battery power leve ls, as well as warning messages of critical onboard systems.

 Dual redundant flight controls. The mobile groun d station has a 2nd set of integrated controls that in the unlikely event of a lost link situati on, a completely separate set of controls, operating on a different frequency can be utilized to control the aircraft.

 Dual on board cameras to assist in detect and avoid.

 Dual Flight Data Recorders. In the event of any situation, all logs and recordings of the flight can be reviewed.11  Hobbs Meter to accurately monitor flight times for maintenance purposes.

 Ground Station equipped with COMM radio for comm unication with airport control and weather services.

Between the Peaks Aviation will also employ a Visual Observer (per FAA 8900.1 V16, Ch5, S3) at all flight operation sites, who has either a current pilot certificate, or has completed a private pilot ground school, to ensure there are always, at a minimum, two individuals familiar with airspace and FAA rules and regulations and that can assess any proposed flig ht operations site and determine the safety and compliance of such site.

Between the Peaks, will use its Airframe and Powerp lant (A&P) mechanic to perform and /or inspect maintenance, alterations, or preventive maintenance on the unmanned aircraft system using the methods, techniques, and practices prescribed in Between the P eaks Aviation's Proprietary Flight Operations and Procedure Manual. Furthermore, Between the Peaks Aviation will document and maintain all maintenance, overhaul and modification records for its UAS.

Between the Peaks Aviation has mitig ated risks to the public and property in the NAS and on the ground in the design and operations of its UAS. As such, Betw een the Peaks Aviation has considered that risk of injury to persons or property and has established pr otocols to mitigate and / or eliminate such risk. Between the Peaks Aviation has implemented proce dures to ensure that the proposed UAS and its operation will not impede or divert other NAS operations.

The policies and procedures in place by Between the Peaks Aviation and the eq uipment utilized on the UAS for Risk Mitigation and interference with the NAS , provide an Acceptable Level of Safety (ALoS) that rivals full scale aircraft operations



### .

Between the Peaks Aviation submits that the requested relief under Section 333 is proper in consideration

of the 

### limited size, weight, operating conditions, design safety features, and the imposed conditions and limitations by Between the Peaks Aviation, that an equivalent level of safety will be ensured.

Between the Peaks Aviation in all flight operations w ill comply with airspace rules. Flight operations will not impede, delay or divert any other aircraft as the Between the Peaks Aviation flight operations will
be conducted below 400 feet AGL. A ny operations in airspace controlle d by a control tower, will be
coordinated with the tower to ensure there are no ha zards to the NAS. A Letter of Authorization will be procured from appropriate airport managers to en sure compliance with airspace and ATC operations. Between the Peaks Aviation will adhere to all airspace rules.

Class A No Operations Allowed Class B No Operations Allowed Class C per 91.130 Class D per 91.219 Class E per 91.127 Class G per 91.12612 Between the Peaks Aviation has implemented proce dures to address flight termination plans in the unlikely event of an unrecoverable system failure. As flight operation locations will vary considerably, Flight Termination Points (FTP's) will vary for each location (typically FTP's will be the point of departure). Each flight operations site will be assessed for acceptable risk FTP's (in order as follows);

 Airspace classification

 Risk to NAS operations

 Risk impedance, delay or diversion of ot her aircraft due to flight operations

 Risk to persons or property on the ground

 Site assessment to determine hazards that could cause an unrecoverable system failure

Lost Link Points (LLP's) will be established at each flight operations site. The flight control systems integrated into Between the Peaks Aviation's UAS has redundant lost link or Fail Safe procedures that in the event of a lost link, the UAS will return to the orig ination point. This origination point is the point at which the UAS departs the takeoff position and is r ecorded automatically as soon as the UAS leaves the ground.

All flight operations sites will be assessed for Dive rt / Contingency Points (DCP's). Typically, most flight operations sites will have the same DCP as LLP as operations will be conducted in very close proximity to the departure point. For a flight opera tions sites that are much larger, a DCP will be assessed
on the salient features of each site.

A graphic representation on a sectional chart for LLP's and/ or DCP's is not feasible due to the wide areas of operations. As such, other contingencies to m itigate risk have been im plemented by Between the Peaks Aviation and integrated into its UAS.

Redundant and separate flight controls for direct pilo t intervention have been incorporated. The primary flight control system, made up of a traditional radio control transmitter for direct pilot intervention and a redundant independent and separate set of full flight co ntrols operating on a different frequency located at
the Ground Station. Should a lost link incident occur with the primary flight control system, the PIC can immediately transfer to the ground station to resume fl ight control. The ground station is considered part of the "cockpit" and the PIC will be conducting all flight operations in very close proximity to the Ground Station as this is where the secondary set of telemetry f light data is received. (The PIC also has flight data transmitted directly to the primary control transmitter).

In all operations, Risk Mitigation plans have been impl emented to mitigate the risk of collision with other
aircraft. 14 CFR 91.113 will be adhe red to at all times. Flight separation distances of at least one thousand (1000) feet will always be maintained per 91 .111 and 91.13. With dire ction of appropriate air
traffic control authorities and the interaction of th e PIC and the VO as well as a transponder, telemetry feedback from the AHRS and synthetic vision, to sense and avoid other aircraft and other hazards that may exist or appear, the risk level has been elimin ated to any other aircraft operating in the NAS.

To mitigate the risk to persons and or property on the ground, an emergency r ecovery parachute system (ballistic parachute) has also been incorporated into the UAS that al lows the UAS to safely return to13 ground in the event of a loss of link, or any other unrecoverable system failure. The ballistic parachute recovery system allows for the UAS to descend at a very slow rate to minimize and / or eliminate any damage to persons and / or property on the ground. There have be en many incidences recently of ballistic parachutes in full scale aircraft being deployed and being credited with saving lives and reducing if not eliminating the damage on the ground. The UAS opera ted by Between the Peaks Aviation, being a much smaller and lighter aircraft, all but eliminates the risk of damage to persons and property.

In the air, Between the Peaks Avia tion's UAS has integrated an ADS-B transponder on the UAS to ensure that flight operations are compliant with airspace rules. Communication with ATC will be used per all regulations and agreements reached with appropriate airport authorities. Flight Service Stations (FSS) will be contacted to ensure that NOTAM's are in pl ace prior to flight operations. The UAS is also equipped with anti-collision lights and navigation light s to assist other aircraft in observing the UAS operating in the airspace. As the UAS will be flyi ng below four hundred (4 00) feet AGL, there should never be a situation that requires an avoidance maneuver. Should an avoidance maneuver become necessary adherence to 91.113 will be primary as to maintain consistency in airspace operations.

All phases of flight with the UAS are critical, as such 14 CFR 135.100 Flight crewmember duties will be strictly enforced. The areas surrounding where the PIC and the VO are working, including the ground station will be segregated from any non- participating individuals to ensure that distractions are kept at a minimum during all critical phases of flight.

The S1000 UAS that will be operated by Between th e Peaks Aviation will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft , as well as 14 C.F.R Part 47, Aircraft Registration , and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking

.

Conclusion

As set forth herein, Between the Peaks Aviation 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 the safe operation of its S1000 UAS commercially, without an airworthiness certificate, for the limited purpose of conducting aerial acquisitions over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mand ate of the FAA Modernization and Reform Act of 2012, while also advancing the interests of the public.

WHEREFORE , in accordance with the Federal Aviation Re gulations and the F AA Modernization and Reform Act of 2012, Section 333, Between the Peaks Aviation respectfully requests that the Administrator grant this Petition for an exemption fro m the requirements of 14 C.F.R §§ 35 Part 21; and 91.7; 91.103(b); 91.109; 91.119; 91.121; 91.151; 91.4 05(a); 91.407(a)(1); 91.409(a)(1) & (a)(2); AND 91.417(a) &(b); 91.7(a) to permit Between the Peaks Aviation to operate its S1000 UAS in the NAS for the purpose of safely, efficiently, and economically util izing unmanned aircraft fo r aerial data acquisition, photography and film work in the areas of Constructi on, Agriculture, Infrastructure, Real Estate, and other applicable areas.