## Petition	for	Exemption	/	COA	Request

**Petitioner: Air**  **- Mods**  **Flight	Training	Center ,	Inc**  106b S haron rd. Robbinsville, N.J. 08691 Phone: (609) 259

- 2400 Fax: (609) 259

- 1200 Email: Airmods1191@aol.com


## U.S. Department of Transportation, Docket Operations We st Building, Ground Floor, Room W 12

- 140 1200 New Jersey Avenue, SE Wa shington, DC 20590
Description of Relief Sought: The petitioner is seeking an exemption to commerci ally operate its unmanned aircraft in UAS compliance training for the public, aerial photography or television operations, to conduct its own research and to develop economic platforms for law enforcement, first responders, and search and rescue.



## Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109; 14 CFR 9 1.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Page 1Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 11, Air

- Mods Flight Training Center, S. Lisa Campbell, operator of an Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its UAS, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would operate in the following manner: 1. The ability to offer Training to persons individually or belonging to both private and/or public organizations that have interes ts in the use and application of a UAS for the purpose of the safe operation of a UAS to enhance the safety of the National Airspace System (NAS) as we ll as for the protection of the persons and property. An awareness training syllabus will also be offered to the hobbyist to promote general public safety , responsibility , and privacy. 2. Aerial video/photography or providing live video feed to assist with search and rescue operations in cases of an emergency or natural disaster only when the local auth orities or government has requested it by contract or donation. 3. Aerial photography and/or video for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities. 4. Aeri al video and/or photography for public and/or private use including television, public events, cinematography and news gathering. 5. Aerial inspection/photography of residential/commercial utility infrastructure including but not limited to electrica l power lines, wind turbines and cell towers.

. As described fully below, the requested exemption would permit the operation of a UAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancements to the already safe operations in the industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “....estab lish requirements for the safe operation of such aircraft systems in the national airspace system.”

Page 2Regulations from which the exemption is requested:

14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR 61.113 (a) & (b) 14 CFR 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.109 14 CFR 91.119 (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2) 14 CFR 91.417 (a) & (b)

Air

- Mods Flight Training Center will operate the following aircrafts: Hubsan X4 micro drone as an initial trainer craft. The Hubsan X4 is 8cm x 8cm. Under still air the maximum speed is not more than 10 m/s or 22mph. The Hubsan X4 has r coreless motors, powered by 3.7 V 380 mAh Li

- Po battery The DJI Phantom 2 for further training and operations. The Phantom 2 dimentions are 29cm x 29cm weighing 1000g. Under still air the maximum sir speed is 10m/s or 22.5 mph. DJI Phantom 2 has 4 motors powered by 11.1 V, 5200 mAh3 S Li

- Po battery. The DJI Inspire 1 model T600 fo r further training and operations. The DJI Inspire 1 dimensions are 438mm x 451mm x 301mm and has a weight of 2935g . Under still air the maximum speed is no more than 22 m/s or 49 mph with a cruising speed of 11 m/s or 25 mph. The Inspire 1 has 4 motors , model DJI 3510, powered by a 6 cell 4500 mAh or 5700 mAh Li

- Po battery. There are 4 propellers, model DJI 1345, in use. Remote controls will use an operating frequency of 2.400 GHz

– 2.483 GHz. Any live video feed will have an operating frequency of 5.7 28 GHz

– 5.850 GHz. Page 3**AI RCRA**  **FT AN**  **D EQUIVA LENT LEVEL OF SA**  **FETY**

The operation limitations proposed for an equivalent or higher level of safety because operations will further enhance the safety of the persons and/or property using conventional aircraft

. These limitations and conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued exemption include: 1. The UAS will weigh less than 55 lbs. 2. The UAS will have a maximum operating speed o f no more than 50mph. 3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO). The applicant will operate the UAS in line of sight within a closed off and predetermined area owned and/operated by the property representative. 4. Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes of flight time whichever occurs first. 5. Flights will be operated at an alt itude of no more than 400 feet Above Ground Level (AGL) and not more than 200 feet above an elevated platform from which filming is planned. 6. Minimum crew for each operation will consist of the UAS Pilot, the Visual Observer (VO) and may include bu t not limited to a Camera Operator. 7. The UAS pilot will be a designated Pilot in Command (PIC) will hold a Commercial Pilot’s License along with a Second or higher Class Medical Certificate. If the PIC feels another operator to be qualified with t he necessary skills to be PIC & possess a Commercial Pilot’s License along with a Second or higher Class Medical Certificate, that person may be designated PIC provided they have a minimum of 20 hours of flight time with the UAS. 8. A briefing will be performed regarding the planned UAS operations prior to each day’s flight consisting of all the days’ production activities. 9. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only. 1 0

. If operations will be wit hin a 5 mile radius of the geographic center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport the respective airports will be contacted advising them of the estimated flight time, flight duration, elevation of flight and other pe rtinent information. Airport common traffic frequency or control tower frequency will be monitored during operations. 1 1

. The operator will file FAA Form 7711

- 1, or its equivalent, as modified in light of the requested exemption, with the appropriate l ocal Flight Standards District Office (FSDO) no more than 72 hours but no less than 48 hours from planned operation. Page 41 2

. The operator will obtain verbal/written consent of all persons involved with the planned

operation and ensure that only cons enting persons will be allowed within 30 feet of the flight operation. Wi th the advanced permission of the FSDO, operations at closer range may be approved. 1 3

. The PIC and VO will have been trained in operation of UAS and receive up

- to
- date information for the particular UAS to be operated. 1 4

. The PIC and VO will be able to communicate by voice, radio, and/or text at all times. 1 5

. Wri tten and/or verbal permission and permits as appropriate will be obtained from territorial, state, co unty or city jurisdictions, including law enforcement, fire or other appropriate governmental agencies. 1 6

. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the capability to return to a pre

- determined lo cation within a designated location and land autonomously. 1 7

. The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

**14 C.F.R. Part 21, Subpart H: A irw**  **orthiness Certificates 14 C.F.R. §91.203 (a) (1)**  Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be uti lized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both autho rize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating wi th an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and oper ates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator and under the requirements and in compliance with local public safety requirem ents. The FAA will have advance notice of all operations. These safety enhancements provide a greater degree of safety to the public and property owners than conventional operations conducted with airworthiness Page 5certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria

demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of expl osive materials or flammable liquid fuels, and inability to carry a substantial external load. **14 C.F.R. § 45.23 (b). Marking of the A ircraft**  The regulation requires: Wh en marks include only the Roman capital letter "N" and the registration number is di splayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 i nches nor more than 6 inches high, the words "limited," "restricted," "light

- sport," "experimental," or "provisional," as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance t o the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAS, two

- inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance with §45.29 (f). The equivalent le vel of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the UAS as “Experimental.” **14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.**  Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command of an aircraft that is carrying passengers or property for compensation or hire. Air

- Mo ds Flight Training Center, S. Lisa Campbell, may achieve an equivalent level of safety as achieved by current Regulations because the applicant’s UAS do not carry any pilots or passengers nor property. The risks attendant to the operation of UAS is far le ss than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC of the UAS will have Commercial Pilot’s License along with a current Second Class or higher Medical exceeding the current safety levels in relation to 14 CFR 61.1 13 (a) & (b). I feel the operation and limitations will equate to the safe operation of the UAS. **14 C.F.R. §91.7(a): Civil A ircraft A**  **irw orthiness.**  The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of safety check lists prior t o each flight an equivalent level of safety will be provided. **14 C.F.R. § 91.9 (b) (2): Civil A ircraft Flight Manual in the A**  **ircraft.** Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft ... (2) For which an Airplane or Page 6Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the

aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level o f safety will be maintained by keeping the flight manual at the ground control point where the pilot flying the UAS will have immediate access to it. **14 C.F.R. § 91.103: Preflight A ction.**  This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions under Normal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. **14 C.F.R. §91.109: Flight Instruction.** Section 91.103 provides t hat 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. UAS and remotely piloted aircraft, by their design do not have fully functional du al controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft a nd for flight instruction in experimental aircraft. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. **14 C.F.R. §91.119: Minimum Safe A ltitud**  **es.** Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes pre scribed for helicopters by the FAA. As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 AGL with the exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS wil l not be operated more than 200 feet above the highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre

- obtained consent. The e quivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations. Page 7Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum

55lbs. proposed herein an d the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low

- altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with Section 91.119. **14 C.F.R. §91.121 A ltimeter Settings.**  This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an alti meter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch site shown on the GPS altitude indicator before flight. **14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions**  Section 91.151 (a) prohibits an individual from beginning “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.” The battery powering the UAS provides approximately 30 minutes of powered flight. To meet th e 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS, in a tightly controlled area where only people and pro perty owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Add itionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery power

— wh ichev er happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. **14 C.F.R. §91.203 (a) and (b): Carry ing Civil A**  **ircraft Certification and Registration** The regulation provides in pertinent part: Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: Page 8(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passenge rs or crew. The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety wi ll be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS. **14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenan ce Inspections.**  These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have disc repancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections wi ll not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved because the UAS is very limited in size and will carry a small payload and operate only in restricted areas for a limited period of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the UAS is in working order prior to initiating fli ght, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safet y. An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. T he operator will ensure that the UAS is in working order prior to initiating flight and perfor m required maintenance as needed.

Page 9**Ad ditional Information** 

The applicant, Air

- Mods Flight Training Center / S. Lisa Campbell , has been involved in the flight training business over 7 years. Mrs. Campbell is also the current Vice Chairman of the Board of “The Flight School Association of North America (FSANA). H er true desire is to e ducate the public as to the safe, responsible and respectful practices involved in the operation of UAS. Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide more than adequate justification for the grant of the requested exemptions allowing the commercial operation of the applicant’s UAS. Given the small size of the UAS and the controlled environment provided the proposed operations will a dhere to the Reform Act’s safety requirements. The approval of this application presents no national security issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, professional and private user education, the grant of the requested exemption is in the public interest. Accordingly the applicant requests that the FAA grant the requested exemption with minimum delay.

Si ncerely,

S. Lisa Campbell Air

- Mods FTC FSANA Board

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