October 20, 2015

Docket Management Facility U. S. Department of Transportation 1200 New

Jersey Ave. SE West Building Ground Floor Room W12

- 140 Washington, DC 20590 **Re: Exemption request under Section 333 of the FAA Reform Act and Part 11 of the Federal**  **A viation Regulations** 

**– Sonic Aviation Services LLC**  Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Sonic Aviation Services LLC hereby applies for an exemption from the Federal Aviation Regulat ions (F ARs) listed below

and discussed in Appendix A. Exem ption is being sought in order to allow Sonic Aviation Services to operate its small unmanned aircraft systems (sUAS) in commercial operations involving aerial applications such as photography, ins pections, surveying, and demonstrations. sUAS are ideally suited for the commercial operations such as the above because the aircraft has the capability to deliver high quality data more efficiently and cost

- effectively than traditional methods. Using sUA S can also be safer for w orkers because in many cases it will avoid putting workers in situations with potential hazards, eliminating the risk of injuries. They also allow the safe inspection of hard

- to

- access or environmentally sensitive areas without the use of trucks and other utility vehicles. Overall, sUAS can provide significant benefits to workers and customers over these traditional methods. Sonic Aviation Services proposes to use sUAS that are rotorcraft and one fixed wing aircraft, which crafts have a maximum takeoff weight of 10 pounds or less, will be operated at a speed of no mo re than 50 knots, and which crafts contain built

- in safety features. Proposed operations will be conducted under controlled conditions in airspace that is (1) limited, (2 ) predetermined, and (3) access controlled. Operations under the exemption will be subject to strict operating parameters to ensure at least an equivalent level of safety to currently authorized operations using manned aircraft. The name and mailing addr ess of the petitioner, Sonic Aviation Services , is:

**Sonic Aviation Services LLC Attn:**  **Peter Konrad**
**- President**  **Addr :**  **9555 Flower St, Westm inster, CO 80021**  **Ph.: (303) 862** 
**- 0600**  **Email: info@coloradoaircam**  **.com**
The regulations from which the exemption is requested are listed below . These are more fully discussed in Appendix A. 14 CFR § 61.113 (a) and (b) 14 CFR § 61.133 (a) 14 CFR § 91.7 (a) 14 CFR § 91.119 (c) 14 CFR § 91.121 14 CFR § 91.151 (a) 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)**The Unm anned Aircraft Systems.**  Sonic Aviation Services will conduct operations with lightweight

rotorcra fts produced by industry leader DJI, models Phantom 3 and Inspire 1. Both we igh under 10 pounds with energy sources and equipment. Both mo dels are widel y recognized for their reliability

. The p latforms are stable and, with proper training, simple to operate. These sUAS have common characteristics. Each can be operated by toggle or entirely by a touch

- screen, map - based interface. This means the operator only needs to command the system where to go, and the system does all the flying for the operator. They can be operated in both semi and fully autonomous flight modes, with the operator simply clicking on a map to create a pre - planned flight path for a flight. In addition, the operator can create no fly zones or maximum flight ranges and altitudes so the system cannot enter areas deemed unsafe or unnecessary to fly over. In addition, the sUAS have built

- in intellig ent fault handling capabilities which allow them to detect a system fault while in the air and automatically fly back to its take

- of flocation and land. Faults that can be detected include: loss of communication; exceeding pre

- set wind thresholds; and low b attery levels. All flight operations are global positioning system (GPS) controlled, making the systems easy to navigate. At any point if the operator is not explicitly commanding the rotorcraft system to mo ve, the system automatically holds its GPS posi tion. The flight control system employs not only GPS positioning but a variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensure stability so long as wind thresholds are not exceeded. DJI maintain s online product information portals with comprehensive dow nloadable operating and maintenance manuals, user guides, flight checklists, safety information and mission planning instructions. Available also are instructional product and training videos along with robust onl ine blogs and product forums. **Operating Docum ents.**  The comprehensive operation manuals/user guides for each aircraft are attached as Appendix "B". They are available on the internet at the manufacturers' websites but are nevertheless **being submitted under confidentiality protection request.**  Attached a lso are owner’s manuals are Standard Operating Procedures, Pre

- flight Checklist and Post

- flight Checklist. **The PIC (pilot in comm and).**  The PIC will: • hold either a current FAA sport pilot certification or hi gher FAA pilot certification • hold a valid third

- class medical certificate , or valid state

- issued drivers license

• in the case of rotorcraft, have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 25 hours of total time as a sUAS rotorcraft pilot and at least 10 hours logged as a sUAS pilot with a similar sUAS type

• in the case of fixed wing aircraft, have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of25 hours of total time as a sUAS fixe d wing pilot and at least 10 hours logged as a sUAS pilot with a similar sUAS type • have accumulated and logged a minimum of five hours as a sUAS pilot with the make and model of sUAS to be utilized for operations under the exemption and three take

- offs and landings in the preceding 90 days prior to an operation • as noted below

in "Operating Parameters; Conditions and Limitations", the operator will not allow a PIC to operate unless the PIC has demonstrated that the PIC is able to safely operate the sUAS in a manner consistent with how the sUAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Visual observers must have demonstrated that they understand the conditions and limitations of flight noted below

in "Operating Parameters; Conditions and Limitations". **Operating Param eters; Conditions and Limitations.**  Grant of the exemptions will be subject to the following conditions, which provide at least an equivalent or higher level of safety than under the current conditions.These conditions are drawn from Exemptions 11062 through 11067, 11080, 11109 and 11110.

For purposes of this listing, Sonic Aviation Services is referred to as the operator

. 1. Operations authorized by the grant will be limited to the sUASs described above and manufacturers' upgraded versions. 2. The sUAS must weigh 10 pounds or less, including energy source(s) and equipment. 3. The sUAS may not be flown at an indicated ground speed exceeding 50 knots. 4. Flights must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitudes reported to Air Traffic Control must be in feet AGL. 5. The sUAS must be operated within visual line of sight (VLOS) o fthe PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA

- issued medical certificate. 6. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS requirement as long as the VO and PIC alw ays maintain VLOS capability. The VO and PIC must be able to communicate verbally at all times. The PIC must be designated before the flight and cannot transfer his or her designation during the flight. The PIC must ensure that the VO can perform the functions prescribed in the operating documents. 7. The operating documents and this grant of exemption must be made available to the Ad ministrator upon request. The operator may update or revis e its operations manual. It is the operator's responsibility to track such revisions and present updated and revised documents to the Administrator upon request. If there is a discrepancy betw een the exemption conditions and limitations and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be follow ed. If the operator determines that any update or revision would affect the basis upon which the FAA grants this exemption the operator must petiti on the FAA for amendment to the exemption. 8. Prior to each flight the PIC must inspect the sUAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the sUAS, the aircraft will be prohib ited from operating until the necessary maintenance has been performed and the sUAS is found to be in a condition for safe flight. The ground control station must be included in the preflight inspection. All maintenance and alterations must be properly doc um ented in the aircraft records. 9. Any sUAS that has undergone maintenance or alterations that affect the sUAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who condu cts the functional test flight must make an entry in the sUAS aircraft records of the flight. 10. The pre

- flight inspection must account for all potential discrepancies, e.g., inoperable components, items or equipment not already covered in the relevant s ections of the operating documents. 11. The operator must follow the sUAS manufacturer's aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. 12. The operator must carry out its maintenance, inspections, and rec ord keeping requirements in accordance with the operating documents. Maintenance, inspection, alterations and status of replacement/overhaul component parts must be noted in theaircraft records, including total time in service, description of work done,

d iscrepancies between inspections, and the identification of the authorized person returning the sUAS to service. 13. Each sUAS operated under this exemption must comply with all manufacturer safety bulletins. 14. The PIC must possess at least a sport pil ot certificate and a current third

- class medical certificate. A current state issued drivers license can be used in lieu of a medical certificate. The PIC must also meet the flight review requirements specified in 14 CFR 61.56 as the sUAS. 15. The operato r may not permit any PIC to operate unless the PIC has demonstrated that the PIC is able to safely operate the sUAS in a manner consistent with how the sUAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining app ropriate distances from people, vessels, vehicles and structures. 16. Maximum flight time for each operational flight will be limited to the amount of time the sUAS can be flown and still maintain a reserve battery pow er of no less than 20%. 17. The oper ator will file a request for a Notice to Airmen (NOT AM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. 18. The radio frequency spectrum used for operation ofthe sUAS must comply with the FCC or other appropriate gov ernmental oversight agency requirements. 19. All flights must be conducted over property that is private or controlled access property with permission from the land owner/controller or authorized representative. Permission will be obtained for each flight , where necessary or appropriate. 20. If the sUAS loses communications or loses the GPS signal, the sUAS must return to a pre - determined location or take

- off point or be recovered in accordance with the operator's manual. 21. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 22. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under this grant of exemption. 23. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (Nnumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as possible.
2 4. The documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the ground control station of the sUAS any time the aircraft is operating. These documents must be made available to the Administrator or any la w enforcem ent official upon request. 25. The sUAS must remain clear and yield the right of way to manned aviation operations and activities at all times. 26. sUAS operations may not be conducted during night, as defined in 14 C.F.R § 1.1. All operations must be conducted unde r visual meteorological conditions. Flights under special visual flight rules are not authorized.27. The sUAS may not be operated by the PIC from any moving device or vehicle.

28. The sUAS 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. 29. The sUAS may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart unless a letter of agr eement with that airport's management is obtained, and the operation is conducted in accordance with a NOT AM as required by the operator's COA. The letter of agreement with the airport management must be made available to the Administrator upon request. 30. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, VO, operator trainees or essential persons) vessels, vehicles and structures, unless: a. Barriers or structures are present that suffic iently protect nonparticipating persons from the sUAS and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe sUAS, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and; c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those per sons per§ 91.119(a).
31 . Any incident, accident, or flight operation that transgresses 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 (AFS

- 80) within 24 hour s. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Website: www.ntsb.gov.
**The Public Interest.** The public interest in granting this exemption request is served by, among others, the foll ow ing: • Congress has established a national policy that favors early integration of sUAS into the NAS

- pending completion of the statutorily required rulemaking for such integration, exemption requests such as this one by Sonic Aviation Services (and many others) are integral in developing and in moving this policy along • The use of sUAS improves public safety and reduces risk by alleviating the public's exposure to danger and emissions associated with traditional aerial methods (full size aircraft) that carry

passengers and flammable fuel • Allowing the commercialization of the NASby sUAS will provide additional job and career opportunities for our nation's population • Resulting ecological and environmental benefits such as precision inspections and asse ssments of fuel

- laden pipelines, rights

- of

- wa y, energy production platforms, along with coastal marine environment observations for conservation purposes • Harnessing the pow er of new technologies and providing challenges to our nation's entrepreneurs and developers **Summary for publication.** For publication in the Federal Register Sonic Aviation Services provides the following summary. An exem ption is requested from the following regulations in order to allow commercial operations of its unmanned aircraft systems involving aerial applications such as photography, inspections, surveying, and demonstrations. 14 CFR § 61.113 (a) and (b)14 CFR § 61.133 (a)

14 CFR § 91.7 (a) 14 CFR § 91.119 (c) 14 CFR § 91.121 14 CFR § 91.151 (a) 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) **********
**Conclusion.** Given the small size of the sUASs involved and the restricted environment within which they will operate, this petition falls squarely within that equivalent l evel of safety in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence immediately. Too, given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit of the various applications, including enhanced safety, reduction in environmental impacts by fuel laden vehicles, including reduced emissions, the public value of the unmanned aerial vehicle industry, the grant of the requested exemption is in the public interest. Sonic Aviation Services seeks an exemption from the listed and discussed F ARs to operate commercially the small unmanned aircraft syste ms in the aerial operations set forth herein. Thank you. Sincerely, Peter Konrad , President Sonic Aviation Services LLC**APPENDIX A**

**14 CFR §**  **61.113(a) and (b); 61.133(a): Private Pilot Privileges and Limitations: Pilot in Comm**  **and; Commercial Pilot Pri vileges and Limitations**  Sections 61.113(a) and (b) limit private pilots to non

- commercial operations. Section 61.133(a) requires an individual with a commercial pilot's license to be pilot in command of an aircraft for compensation or hire. Unlike a conven tional aircraft that carries a pilot, passengers, and cargo, the sUAS proposed for use by Sonic Aviation Services are remotely controlled with no passengers or cargo on board. Sonic Aviation Services respectfully requests exemptions from these requirements based on the particular characteristics of the sUAS that will be used. The risks associated with the operation of the sUAS described above (given the size, speed, operational capabilities and lack of combustible fuel) are much lower than the risks associated with commercial operations contemplated by Part 61 with conventional aircraft. Accordingly, a sport pilot, adequately trained in the proper use of sUAS, possesses the requisite skills and knowledge of the NAS and FAA regulations to assure the safe oper ation ofthe sUAS. In addition, Sonic Aviation Services will use the identified sUAS with a high degree of control and various built

- in technical capabilities that strictly limit the potential for operation outside of the operating conditions set forth in this Petition. Sonic Aviation Services emphasizes sUAS training and flight experience for those PICs who will operate these aircraft in the proposed commercial applications. By requiring extensive flight experience with these aircraft prior to conducting co mmercial operations, these PICs will have a better grasp of the handling of the aircraft than they wo uld by holding a commercial pilot license for an entirely different type of airborne system. Given the inherently lower

- risk nature ofthe sUAS and these tr aining, experience and safety features, Sonic Aviation Services proposes that operators should not be required to hold a commercial pilot certification. Instead operators should be required to hold only a sport pilot certification and have the experience w ith the sUASs as indicated in this Petition. The risks associated with the operation of the sUAS identified herein (given their size, weight, speed, operational capabilities, and lack of combustible fuel) are so diminished from the level of risk associated wi th commercial operations contemplated by Part 61 with conventional aircraft (rotorcraft or fixed wing) that allowing operations of the sUAS as set forth above meets or exceeds the present level of safety provided under 14 CFR § 61.113 (a) and (b) and do es not rise to the level of requiring a commercial pilot to operate under§ 61.133(a). Given these conditions and restrictions, an equivalent level of safety will be provided by allowing operation of the sUAS identified herein with a sport pilot's certificate, under the conditions set forth in this Petition. The FAA has granted exemption to conduct similar operations in Exemptions 11062 through 11067, 11080, 11109 and 11110. 91Page **14 CFR § 91.7(a): Civil Aircraft Airworthiness** This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Should the exemption be granted allowing commercial operation of the named aircraft without an airworthiness certificate, no standard will exist for airw orthiness of the aircraft. Given the size of the aircraft and the requirements that the operator has agreed to as relates to airw orthiness, as set forth herein and in the various operating documents, an equivalent level of safety will be achieved by ensuring compliance with the air craft manuals and operating documents for each flight. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 11080, 11109 and 11110. **14 CFR §91.119(c): Minim um Safe Altitudes**  Section 91.119 establishes safe altitu des for operation of civil aircraft. Section 91.119 (c) prohibits operations below 500 feet above the surface, or closer than 500 feet to any person, vessel, vehicle or structure. As this exemption requests authority to operate at altitudes up to 400 AGL, an exemption may be needed to allow such operations. The equivalent level of safety will be achieved given the size, weight, speed ofthe sUAS as well as the location where it isoperated. No flight will be taken without the permission of the property owner or local officials,

where required. Because of the advance notice to the property owner and participants, all affected individuals will be aware of the planned flight operations as set forth in the plan of operations. Sonic Aviation Services therefore requests a waiver from Section 91.119( c) for all participating persons, i.e., persons associated with the operations. Sonic Aviation Services will also ensure that non

- participating persons are kept at least 500 feet from the operating area, or seek approval from the Administrator for less separation if an equivalent level of safety can be achieved. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 25 pounds proposed herein and the lack of flammable fuel, any risk a ssociated with these operations is far less than those risks associated with the conventional methods. In addition, the low

- altitude operations of the sUAS will ensure separation betw een these sUAS operations and the operations of any conventional aircraft that must comply with Section 91.119. **14 CFR §91.121: Altim eter Settings**  This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set " ... to the elevation of the departure airport or an appropriate altimeter setting available before departure." As the sUAS 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 confirming the ac quisition of GPS signals and an initial ground level altitude of zero prior to take

- off. The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067 and 11080. **14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Cond itions**  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 norma l 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 pow ering the named sUAS rotorcrafts provides approximately 25 minutes or less of pow ered flight in the case ofthe rotorcrafts and 40 minutes in the case of the 3DR fixed wing craft. To meet the 3 0 minute reserve requirement in 14 CFR § 91.151, s U AS flights would not be able to effectively fly. Sonic Aviation Services believes that an exemption from 14 C FR §91.151(a) is safe and falls within the scope of prior exemptions. Operating the sUAS in a controlled area with a limitation on the flight upon reaching 20% of battery power does not engender the type of risks that Section 91.151(a) w as intended to alle viate given the size and speed of the sUAS. Sonic Aviation Services believes that an equivalent level of safety can be achieved in this manner. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. **14 CFR §91.405** (a); **407 (a) (1); 409** (a) **(1) and** (2); **417(a) &**  **(b): Maintenance Inspections** These regulations require th at an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 o f this chapter ... ,"and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Sonic Aviation Services . Mai ntenance will be accomplished by Sonic Aviation Services pursuant to Sonic Aviation Services ' operations manuals and practices along with manufacturer specifications. An equivalent level of safety will be achieved because these small UASs are very limited in size (less than 25 pounds), will carry a small payload and operate only in restricted areas for limited periods oftime with no flammable fuel. If mechanical issues arise the sUAS can land immediately and will be operating from no higher than 400 feet AG L. As provided herein Sonic Aviation Services will ensure that the sUAS is in w orking order prior to initiating flight, perform a preflight safety checklist, perform required maintenance, and keep alog of any maintenance performed. Moreover, Sonic Aviatio n Services is most familiar with the aircraft

and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.**APPENDIX B**

• DJI Phantom 3

Phantom 3 Professional Release Note http://download.dji

- innovations.com/downloads/phantom_3/en/Phantom_3_Professional_Release_Note_en_9.9.pdf Phantom 3 Professional Quick Start Guide (EN) v1.2 http://download.dji

- innovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guide_en_v1.2.pdf Phantom 3 Professio nal User Manual (EN) v1.4 http://download.dji

- innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_en_0 915.pdf Phantom 3 Professional I n the Box (EN) http://download.dji

- innovations.com/downloads/phantom_3/en/Phantom_3_Advanced_I n_the_Box_e n_0901.pdf Phantom 3 Safety Guidelines and Disclaimer http://download.dji

- innovations.com/downloads/phantom_3/en/Safety_Guidelines_Di sclaimer_en_201509.pdf

• DJI Inspire 1 Inspire 1 Release Note http://download.dji

- innovations.com/downloads/inspire_1/en/I nspire_1_Release_No tes_en_0908.pdf Inspire 1 Disclaimer & Warning http://download.dji

- innovations.com/downloads/inspire_1/en/I nspire_1_Disclaimer_and_Warning_ en.pdf Inspire 1 Quick Start Guide (EN) v1.4 http://download.dji

- innovations.com/downloads/inspire_1/en/I nspire_1_Quick_Start_Guide_v1.4_en .pdf Inspire 1 User Manual (EN) v1.4 http://download.dji

- innovations.com/downloads/inspire_1/en/I nspire_1_User_Manual_v1.4_en.pdf Inspire 1 Saf

ety Guidelines v1.0 http://download.dji

- innovations.com/downloads/inspire_1/en/I nspire_1_Safety_Guidelines_en.pdf Inspire 1 Maintenance Manual v 1.0 http://download.dji

- innovations.com/downloads/inspire_1/en/I nspire_1_Maintenance_ManualV1.0_en.pdf Inspire 1 I

n the Box http://download.dji

- innovations.com/downloads/inspire_1/en/I nspire_1_I

n_the_Box_en.pdf