2645 Twin Point Drive , Suite 101

- A Lewisville
, Texas 75056 214

. 709.5882 ǁ avantuas.com

April 15, 2015

Department of Transportation Docket Management System 1200 New Jersey Avenue SE Washington, DC 20590

SUBJECT: Petition for Exemption to Operate Small Unmanned Aircraft Pursuant to Section 333



## Petition Summary
Pursuant to Section 333 of the Federal Aviation Administration (FAA) Modernization and Reform Act of
2012 (FMRA), Avant Unmanned Aerial Solutions , LLC (Avant) hereby petitions for expedited approval and ex emption from FAA authorizing commercial operation of its small unmanned aircraft systems (sUAS) for remote sensing, aerial surveys, data and imagery collection for the industries and functions
listed in Table 1.

Table 1 : Industries served and functions per formed

Agriculture Insurance

Construction Law Enforcement
Emergency Response Planning & Asset Management
Engineering & Surveying Promotion & Marketing

Environment al Monitoring Real Estate & Land Development Event Photography & Videography Training & Education
Inspections Transportation & Infrastructure

If granted, the exemption would permit Avant to conduct commercial operations of small unmanned aircraft systems ( sUAS ) that meet or exceed operational and safety requirements set forth by Congress
in Section 333. As an unmanned aircraft technology firm

, Avant requests operation s granted under like conditions and li mitations set forth in previous, and similar, Section 333 summary exemptions granted by FAA.


## Statutory Authority
Section 333 (a) states that the FAA “shall determine if certain unmanned aircraft systems (UAS) may operate safety in the national airspace system before completion of the plan and rulemaking required by Section 332”. Section 333 (b) then lists several factors that should be considered in2645 Twin Point Drive , Suite 101

- A Lewisville
, Texas 75056 214

. 709.5882 ǁ avantuas.com 

### determining which UAS’ would be eligible for expedited integration into the National Airspace System (NAS). Specifically UAS’ that “as a result of their size, weight, speed, operationa l capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to the users of the national airspace system or the public, or pose a threat to national security.” If a UAS meets the criteria laid f orth in Section 333 (b), Section 333 (c) FAA has the authority to decide if an airworthiness certification as specified by Title 49 United States Code, Section 44704 is required for operation. Section 333 (c) specifically states that the FAA can
determine “whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of Title 49, United States Code, is required for the operation of unmanned aircraft systems.” Thus, the FAA has the ability to allow a UAS th at meets the criteria put forth in Section 333 (b) to operate within the NAS without an airworthiness certification as long as the UAS does not pose any hazard or threat to the NAS, public, and national security.


## Request for Relief
In meeting the aforeme ntioned requirements
, Avant requests relief and exemption from the regulations
summarized in Table 2.

Table 2 : Relief and exemptions summary

14 CFR 61.113(a) and ( b) 14 CFR 91.109

14 C.F.R. 91.7 (a ) and (b) 14 CFR 91.119

14 CFR 91.9 (b) (2) 14 CFR 91.121

14 CFR 91.103 14 CFR 91.151(a)

14 C.F.R. 91.401

- 91.417



## Unmanned Aircraft System s Avant is requesting an exemption to operate a DJI Phantom 2 Vision Plus, DJI Inspire, DJI Phantom 3, and
Event 38 E384.

Avant’s sUAS proposed for operation through this request weigh less than 55 pounds, fly at speeds of no more than 100 miles per hour (M PH) , carry neither a pilot nor passenger, carry no explosive materials or flammable liquid fuels, and will operate within approved flight area s and heights through coordination
and communication with the F light S tandards D istrict O ffice (FSDO), Air Traffic Organization (ATO), air traffic control facilities and personnel, and any other entities or persons to satisfy terms set forth by the FAA for this exemption request.2645 Twin Point Drive , Suite 101

- A Lewisville
, Texas 75056 214

. 709.5882 ǁ avantuas.com 

### DJI Phantoms and Inspire The Phantoms and Inspire sUAS are four

- rotor, 

### lithium polymer b attery powered unmanned aircraft manufactured by DJI. DJI is a global leader in the sUAS market with thousands of their products in use for professional and recreational purposes.

Given their extensive use and reliability, Avant asserts b oth the Inspire and Phantom series platforms can operate safely in the National Airspace System (NAS) through their appropriate use and operations in accordance with Avant’s training and operating parameters.

These vertical takeoff and land (VTOL) quad

- co pters have GPS, autonomous flight capabilities, with telemetry and manual ground control. These aircraft are equipped with gimbals and high definition cameras. Each of these platforms have the capability to limit flight height above ground level (AGL) and limit flights in controlled airspace.

The Phantom’s dimensions are 8.1 x 17 x 12.5 inches. The Inspire is 22 in x 22 in x 8 in. Both weight under 10 pounds. The following is representative of failsafe emergency procedures available between the Phantom and Inspire.

 Loss of Communication: If the communication link with the PIC/ operators ground control station is lost, the platform will initiative a return to home mode after three seconds of t ransmission loss.

 Low Battery: Initiated automatically based on r emaining battery life, altitude, and distance from home point

- when the battery level is too a warnings is alerted to the PIC/operator and the aircraft can automatically begin a return to home procedure

.

 Loss of GPS: Losing a GPS signal while flying auton omously will trigger the aircraft to hover using onboard altitude sensing. The PIC can then land the aircraft as soon as possible

.


### Event 38 E384 The E384 sUAS is manufactured by Event 38. This lightweight fixed

- wing platform is powered by a lithium polyme r battery operated by a ground control station, and associated data link equipment. The E384 is made of a foam airframe, weighs less than 10 pounds, has approximately a 6 f oot wingspan, and is 4. 5 feet in length. The cruising operational speed of is approx imately 27 mph (23.5 knots) . This small, lightweight unmanned aircraft operating at r elatively slow speeds will pose little

to no threat or hazard to people or structures on the ground, thus making it an exponentially saf er alternative to manned, fixed

- wing aircraft operating for similar applications.

The E384 functions primarily to provide aerial imagery and remote sensing capabilities using one of a selection of interchangeable cameras. High resolution imagery enable data collection, extraction,
and an alysis from imagery produced by these cameras with application to numerous industries such as surveying, architecture, engineering, agriculture, insurance, planning, and transportation just to name few

. I nformation gleaned from the imagery will help in cou ntless ways like maximizing crop yields, improving response times and coordination following natural disasters, expediting insurance2645 Twin Point Drive , Suite 101

- A Lewisville
, Texas 75056 214

. 709.5882 ǁ avantuas.com 

### adjustment claims, and enhanced decision making and overall efficiencies amongst several industries ranging from real estat e, planning, asset management, and more by having access to higher quality data. Practically speaking, all of these provide great benefit to the economy and the overall public.

The E384 is a hand launched platform that requires no runway for take

- off and l anding. Once launched, the E384 will operate at an altitude of 400 ft. AGL or less over a designated and authorized flight area

.

Prior to each flight, the Pilot in Command (PIC) will set dimensions of a designated flight area and relevant flight parameter s to ensure the E384 operates within the lateral, not to exceed visual line

of

- sight (VLOS) , and vertical, not to exceed 400 feet AGL , geographic limits of an approved site for operation . In the event a critical issue is detected e.g. a low batt ery state or loss of datalink, the E384 will immediately initiate a return

- to

- launch /home sequence.
The E384 has extensive flight experience and a history of operational success overseas, including flights by over one hundred professional operators on 6 co ntinents. The items below overview examples of its successful use provided from the manufacturer.

1. Used to survey potential land for hydroelectric power plant construction in Uganda

. 2. T he National Technical University of Athens in Greece used it for studyi ng open

- pit min ing.
3. The Belize Fishery Department began routine flights with the E384 to track illegal fishing in protected waters.
4. R ecently the E384 was flown over three days at the Cleveland Airshow in the United States

– a demonstration of its ability to safely integrate and operate in the NAS.

Each of the sUAS platforms described above are equipped with advanced sensors and high definition

camera s

. They also have built

- in capabilities to limit flight altitude above ground level (AGL) and the
radius dis tance flown from the pilot/operator. S afety parameters to prevent, if needed, operations in controlled airspace through a no fly zone feature is also possible with the DJI platforms

. In addition, each of the Avant’s sUAS have integrated safety features design ed to help ensure the safety of persons and property within and surrounding an active operation area. For instance, as described above, if one of the aircraft lose communication with its ground control st ation or geog raphic positioning system (GPS) signal the aircraft can autonomously return to a p re

- determined location or hover in place until the manually landed safely, respectively

.
The Petitioner has s upplied the f ollowing a dditional Information as appendices for c onsideration of this request :

 DJI Phantom Series Operation, Maintenance Materials (Appendix A)

 DJ I Inspire Operation, Maintenance Materials (Appendix B)2645 Twin Point Drive , Suite 101

- A Lewisville
, Texas 75056 214

. 709.5882 ǁ avantuas.com  Event38 E384 Operation, Maintenance, and Training Materials (Appendix C)



### Aircraft Marking
Each of Avant’s s UAS will be identified by serial number, registered in accordance with 14 C.F.R. Part 47, and have an identification (N

- Number) markings displayed as large as practicable in acc ordance with 14
C.F.R. Part 45

.


### Pre

- flight Inspection, Maintenance
Before each flight an Avant PIC will perform a series of pre

- flight and takeoff checks as defined by the manufacturer noted in the Appendices provided.

Routine inspection of all aircraft components, including, but not limited to the items listed below will take place :

 Motors, wiring and connectors

 Propellers, smooth, no chips

 Batteries, wiring and connectors

 Remote command and control

 Ground control station



### UAS Operating Parameters

Avant PICs and visual observers, present during any and all flights , will ensure all operation remain within VLOS. F lights will be limited to 400 feet AGL

– which is accurately measured by GPS. Avant’s sUAS operators and PICs are well equipped and trained for operations sought in this exemption with two being commercially rated pilots

– on e having an airline transport pilot certificate.

Communication and coordination with the appropriate FSDO will take place prior to operations , as needed . Further coordination will take place , as required, with the Air Traffic Organization to obtain a
Cert ificate of Authorization (COA) prior to any operations granted in this requested exemption. Avant sUAS will not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airpor ts not denoted with an ARP, the center of the airport symbol as denoted on the current FAA published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption
holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

Avant’s s UAS operations will remain clear and yield to the right of way of all manned aircraft operations and act ivities (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, and hangliders).2645 Twin Point Drive , Suite 101

- A Lewisville
, Texas 75056 214

. 709.5882 ǁ avantuas.com Additionally, a grant of the exemption to Avant to operate their sUAS will be subject to the following operating conditions. These are based in part on the operating conditions set forth by the Academy of Model Aeronautics.

 Operations to be conducted over private, controlled

- access, or public property where approved;

 Permission from the land owner/authority required before commencing any flight;

 Operations over congested areas shall be avoided to the extent possible;

 Operations must not interfere with manned aircraft operations, must yield the right of way to manned aircraft, and operators must See & Avoid other aircraft and obstacles at all times;

 Operations limited to Visual Flight Rules Meteorological Conditions (VMC) and daylight hours

 Aircraft operations must remain within Visual Line of Sight (VLOS) and will be visually monitored by the PIC and/or Visual Observer at all times;

 Al l operations conducted within 5 miles from an airport shall only be initiated after verbal coordination with the airport authority, or air traffic control when a control tower is present at the airport;


### Pilot in Command (PIC) Any Avant PIC/operator under t his grant of exemption will hold, at a minimum, a sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal government. The PIC will also meet flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

Regarding Avant’s requested relief from 14 C.F.R. § 91.103(b)(1), the unmann ed aircraft PIC/operator will comply with applicable procedures and requirements stated in § 91.103(a) and (b). Specifically,
Avant PIC /operators will initiate all necessary actions including review of weather conditions , flight time and battery requiremen ts, aircraft performance data, and landing and takeoff distances before each flight. Any site

- specific conditions will also be planned and considered during preflight procedures and
considerations.


### Radio Frequencies Radio frequencies used will be those all otted by the Federal Communications Commission (FCC) for data transmission and vehicle control in unlicensed frequency bands. All devices used will compl y with FCC usage and emissions regulations.


## Safety and Benefits of the UAS
Avant plans to operate thei r sUAS in a variety of applications that generally would require flying expensive, full

- size manned aircraft to successfully conduct a mission or project

. Small, light, unmanned aircraft vehicles and their systems offer countless benefits over the use of full

sized manned aircraft to numerous industries (see Exhibit 2) leveraging products from aerial surveys,2645 Twin Point Drive , Suite 101

- A Lewisville
, Texas 75056 214

. 709.5882 ǁ avantuas.com remote sensing, data and imagery collection. Repl acing significantly larger manned aircraft carrying flights crews and flammable fuel with sUAS that do not carry people creates a much greater margin of safety for UAS operators and visual observers by contrast to a manned aircrafts flight crew and

passeng ers

. T he lower acquisition, operational, and personnel costs, in addition to reduced environmental impacts such as reduced noise and emissions, through the use of batteries for power

– in lieu of fuel and combustion engines, are reasons why it is beneficia l to the public for Avant to receive FAA authorization to operate its unmanned aircraft.



## Conclusion
For the foregoing reasons, and public benefit, the exemption requested herein should be granted and
Avant permitted to conduct small UAS operations in accor dance with its manuals and all other operating parameters deemed necessary and appropriate by the FAA.

Respectfully,

Sarah R. Collins, Ph.D.
President Avant Unmanned Aerial Solutions, LLC2645 Twin Point Drive , Suite 101

- A Lewisville
, Texas 75056 214

. 709.5882 ǁ avantuas.com 

## Specific Exemption Requests and Equivalent Level of Safety Showings

14 C.F.R. § 91.7 (a) and (b): Civil aircraft airworthiness (a) No person may operate a civil aircraft unless it is in an airworthy condition.

(b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in condition for safe flight. The pilot in command shall discontinue the flight when unairworthy mechanical, electrical, or structural conditions occur.

Sections 91.7 (a) and (b) prohibit operation of a civil aircraft unless it is in airworthy conditio n. Avant requests an exemption from this regulation because the ir sUAS would not operate with an airworthiness certificate under the proposal set forth in this filing. Given the size of the aircraft and requirements
contained in the m anual s for maintenance and use of safety check lists prior to each flight, as set forth in
in the operators manual, an equivalent level of safety will be provided.

The FAA has issued similar exemptions to this regulation, including to Tradecraft LLC, Exemption No.
11303

.


### 14 CF R 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot privileges and limitations.

The regulation provides that no person that holds a Private Pilot certificate may act as pilot in Command of an aircraft for compens ation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passeng ers or property for compensation or hire.

Avant’s proposed operations require that the unmanned aircraft PIC must hold at least a Sport Pilot Certificate issued by the FAA. Si nce the aircraft cannot carry passengers or property, it is believed Avant

meet s the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct operations for compensation or hire.


### 14 C.F.R. § 91.109(a): Flight Instruction Section 91.109 (a) provides that 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.

Avant’s sUAS are remotely piloted aircraft, and, by design, do not have fully functional dual controls. Flight control is accomplished through the use of a remote control and transmitters that communicates with the aircraft via radio communications. Completing instruction through the Avant training program will ensure an equivalent level of safety. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft.
See Exemption Nos. 5778K and 9862A.2645 Twin Point Drive , Suite 101

- A Lewisville
, Texas 75056 214

. 709.5882 ǁ avantuas.com 

### 14 C.F.R § 91.119 Minimum Safe Altitudes 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 over 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.

As set forth herein by Avant , the ir sUAS will never operate at an altitude higher than 400 feet AGL. Due to the nature of work proposed for remote sensing, aerial surveys, data and imagery collection this work necessitates flights at relatively low altitudes, i.e . less than 500 feet AGL, and an exemption from Section 91.119(c) is needed. The equivalent level of safety will be achieved given the size, weight speed, and
material with which Avant’s sUAS are built. Additional consideration will be given prior to fligh ts such as communication and permission with the land owner or the party controlling the land. With advance notice, all affected individuals will be aware of Avant’s remote sensing, aerial surveys, data and imagery
collection . Compared to similar operation s conducted with conventional aircraft or rotorcraft, which weigh thousands of pounds and carry flammable fuel, any risk associated with these operations will be far less than those currently allowed with such conventional aircraft operating at or below 50 0 feet AGL. The FAA has approved exemptions for minimum safe altitudes to Chustz Surveying

– Exemption No.
11285

. 

### 14 C.F.R § 91.121

– Altimeter Settings 91.121 requires aircraft to maintain a cruising level or flight level in reference to a current repor ted altimeter setting. Avant’s sUAS are not equipped with a programmable altimeter but rather determine location and altitude via an onboard GPS. Additionally, since the E384 will be operating at or below 400 ft. AGL, there is no need to maintain hemispher ical cruising altitudes for de

- confliction with manned aircraft. For these reasons Avant seeks exemption from this regulation.

An equal level of safety will be achieved through the Phantom, Inspire and E384 GPS, which provides altitude and location data to the PIC via the ground control station. The sUAS Operations Manual, provided as Appendices, specifically addresses monitoring altitude and GPS readings prior to commencing flight operations. Combined with the fact that the aircraft’s altitude will be visu ally monitored by the PIC and Visual Observer, an equal level of safety is attained in lieu of referencing an altimeter setting.

The FAA has approved exemptions for minimum safe altitudes to Pravia

– Exemption No. 11166

. 

### 14 C.F.R. § 91.151 (b): Fuel Req uirements for Flight in VFR Conditions Section 91.151 (b) prohibits an individual from beginning “a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of
inte nded landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.2645 Twin Point Drive , Suite 101

- A Lewisville
, Texas 75056 214

. 709.5882 ǁ avantuas.com The Phantom and Inspire series battery life provides at most 25 minutes of powered flight. Without an exemption from 14 C.F.R. §91.151, flights would be limited t o 5 minutes or less.

Given the limitations on Avant’s proposed operations, a lesser reserve for flight in VFR conditions is
reasonable. Avant believes that an exemption from 14 C.F.R. § 91.151 (a) is safe and consistent with the scope of a prior exemption . See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with 91.151 (a)). Operating the Phantom and Inspire sUAS without 20 minutes of reserve fuel does not produce the type of risks Section 91.151 (a) intended to prevent. Given its weight
and construction material, the risks are less then contemplated by the current regulation. Avant believes that an equivalent level of safety can be achieved by the fact that their sUAS can safely utilize VTOL capability to quickly and saf ely land within 3 minutes of an area within VLOS once alerted of a low battery.

Similar exemptions have been granted to others, including Exemptions 2689F, 5745, 10673, and 10808.


### Part 91 Subpart E (91.401

- 91.417)

– Maintenance, Preventative Maintenance, a nd
Alterations These regulations provided the maintenance and inspections requirements in reference to Part 39 and Part 43. 91.405 (a) specifically states that “no person may perform maintenance, preventive maintenance, and alterations on an aircraft other than as prescribed in this subpart and other applicable regulations, including part 43 of this chapter.” Avant seeks full exemption from these regulations due to the fact that these sections apply to an aircraft with an airworthiness certificate for which Avant is already seeking exemption.

An equal level of safety will be achieved by using the Phantom, Inspire, and E384 Operations and
Maintenance Manual s (see appendices provided with this exemption request) which provide instructions on regular and correc tive maintenance. Avant’s will be responsible for conducting and logging maintenance in accordance with these procedures . Avant PICs test to confirm their sUAS are suited for flight following any maintenance

. M aintenance that Avant is not capable of perfor ming, or covered in these procedures, will be performed by the manufacturer s

. Similar exemptions have been granted to others such as TradeCraft, Exemption 11303, Toledo Aerial Media, Exemption 11288, and Skyphilly, Exemption 11256.2645 Twin Point Drive , Suite 101

- A Lewisville
, Texas 75056 214

. 709.5882 ǁ avantuas.com 

## Appendix A

- DJI Phantom Series Operation, Maintenance M aterials

 Phantom 2 Vision+ User Manual (EN) v1.8 : http://download.dji

innovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Manua l_v1.8_en.pdf

.

 Phantom 2 Vision+ Pilot Training Guide (EN) v1.1 : http://download.dji

innovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_Pilot_Trainin g_Guide_v1.1_en.pdf

.

 Smart Flight Battery Safety Guidelines (EN, FR, DE and JP) : http://download.dji

innovations.com/downloads/phantom_2_vision_plus/Smart_Flight_Battery_Safety_Guidelines. pdf

. 

## Appendix B

- DJ I Inspire Operation, Maintenance Materials

 Inspire 1 User Manual (EN) v1.0 : http://downl oad.dji

innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.0_en.pdf

.

 Inspire 1 Safety Guidelines v1.0 : http://download.dji

innov ations.com/downloads/inspire_1/en/Inspire_1_Safety_Guidelines_en.pdf

.

 Intelligent Flight Battery Safety Guidelines v1.0 : http://download.dji

innovations.com/downloads/inspire_1/en/Intelligent_ Flight_Battery_Safety_Guidelines_en.pdf

.

 Inspire 1 Maintenance Manual v1.0 : http://download.dji

innovations.com/downloads/inspire_1/en/Inspire_1_Maintenance_ManualV1.0_en.pdf

.

Note: Due to many materials linked above exceeding the maximum al l ow a b le upload file size on FAA ’ s exemption portal, this information is being p rovided in the form of direct links on the manufacturers website. Please contact Avant if this information nee ds to be supplied by another means.