## Petitioner: PetitionforExemption

# I COA Request

Air-ModsFlightTrainingCenter,Inc 106b Sharon rd. Robbinsville, N.J. 08691 Phone: (609) 259-2400

Fax: (609) 259-1200 Email: Airmods1191@aol.com



## U.S. Department ofTransportation, Docket Operations West Building, Ground Floor, Room W12-140 1200 NewJerseyAvenue, SE Washington, DC 20590
Description ofReliefSought: '

.

The petitioner is seeking an exemption to commercially operate its unmanned aircraft in UAS compliance training forthe public, aerial photography ortelevision operations, to conduct its own research and to develop economic platforms for law enforcement, first responders, and search and rescue.



## Re: Exemption Request Pursuantto Section 333 ofthe FAA Reform Act and Part 11 ofthe 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 91.119(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: Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 CFR Part 11, Air-Mods Flight Training Center, S. Lisa Campbell, operatorofan 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 underthe conditions outlined herein oras may be established bythe FAA as required by Section 333. Commercial operation ofan UAS, as described herein, which are equipped with camera(s) and sensors, would operate in the following manner: 1. The ability to offerTraining to persons individually or belonging to both private and/or public organizations that have interests in the use and application ofa UAS forthe purpose of the safe operation ofa UAS to enhance the safety ofthe National Airspace System (NAS) as well as forthe protection ofthe persons and property. An awareness training syllabus will also be offered to the hobbyistto promote general public safety, responsibility, and privacy. 2. Aerial video/photography or providing live video feed to assistwith search and rescue operations in cases ofan emergency or natural disaster only when the local authorities or government has requested it by contract ordonation. 3. Aerial photography and/orvideo for public and/or private use including real estate, architecture, land surveying, engineering and other related professional activities. 4. Aerial video and/or photographyfor 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 electrical power lines, wind turbines and cell towers.

As described fully below, the requested exemption would permit the operation ofa UAS under controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will provide safety enhancementstothe already safe operations in the industry presently using conventional aircraft. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to"

....establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system."

Page2Regulations from which the exemption is requested:
14 CFR Part 21 subpart H 14 CFR 45.23 (b) 14 CFR61.113 (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) 14CFR91.121 14CFR91.151 (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 Centerwill operate the following aircrafts: Hubsan X4 micro drone as an initial trainer craft. The Hubsan X4 is Scm x Scm. Understill air the maximum speed is not morethan 10 m/s or22mph. The Hubsan X4 has r coreless motors, powered by 3.7 V 3SO mAh Li-Po battery The DJI Phantom 2 forfurthertraining and operations. The Phantom 2 dimentions are 29cm x 29cm weighing 1OOOg. Under still airthe maximum sir speed is 1Om/s or22.5 mph. DJI Phantom 2 has 4 motors powered by 11.1 V, 5200 mAh3 

### S Li-Po battery. The DJI Inspire 1 model T600 forfurthertraining and operations. The DJI Inspire 1 dimensions are 43Smm x 451 mm x 301 mm and has aweight of2935g. Under still airthe maximum speed is no more than 22 m/s or49 mph with a cruising speed of 11 m/s or25 mph. The Inspire 1 has 4 motors, model DJI 3510, powered by a 6 cell4500 mAh or 5700 mAh Li-Po battery. There are 4 propellers, model DJI 1345, in use. Remote controls will use an operating frequency of2.400 GHz- 2.4S3 GHz. Any live video feed will have an operating frequency of 5.72S GHz- 5.S50 GHz. Page3AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY The operation limitations proposed foran equivalent or higher level ofsafety because operations will further enhance the safety ofthe persons and/or property using conventional aircraft. These limitations and conditions to which the applicant agrees to adhere towhen conducting commercial operations underthe FAA issued exemption include: 1. The UAS will weigh less than 55 lbs. 2. The UAS will have a maximum operating speed of no more than 50mph. 3. Flights will be operated within line ofsight ofthe Pilot in Command (PIC) and/orVisual Observer (VO). The applicantwill operate the UAS in line ofsight within a closed off and predetermined area owned and/operated by the property representative. 4. Maximum flight time for each operational flightwill be 30 minutes. Flights will be terminated at 25% battery power reserve or 30 minutes offlight time whichever occurs first. 5. Flights will be operated at an altitude 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 crewfor each operation will consist ofthe UAS Pilot, the Visual Observer (VO) and may include but 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. Ifthe PIC feels another operatorto be qualified with the 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 of20 hours offlight time with the UAS. 8. A briefing will be performed regarding the planned UAS operations priorto each day's flight consisting ofall the days' production activities. 9. All flights will occur underVisual Flight Rules Meteorological Conditions (VMC) only. 1

0. Ifoperations will be within a 5 mile radius ofthe geographic center/ Airport Reference Point (ARP) ofa tower controlled or uncontrolled airportthe respective airports will be contacted advising them ofthe estimated flight time, flight duration, elevation offlight and other pertinent information. Airport common trafficfrequency orcontrol towerfrequency will be monitored during operations. 11. The operatorwill file FAA Form 7711-1, or its equivalent, as modified in light ofthe requested exemption, with the appropriate local Flight Standards District Office (FSDO) no more than 72 hours but no less than 48 hours from planned operation. Page412. The operatorwill obtain verbal/written consent ofall persons involved with the planned operation and ensure that only consenting persons will be allowed within 30 feet ofthe flight operation. With the advanced permission ofthe FSDO, operations at closer range may be approved. 13. The PIC and VOwill have been trained in operation of UAS and receive up-to-date information forthe particular UAS to be operated. 14. The PIC and VOwill be able to communicate by voice, radio, and/ortext at all times. 15. Written and/orverbal permission and permits as appropriatewill be obtained from territorial, state, county orcityjurisdictions, including law enforcement, fire orotherappropriate governmental agencies. 16. Ifthe UAS loses communications with the remote controller or loses GPS signal, the UAS will havethe capability to return to a pre-determined location within a designated location and land autonomously. 17. The UAS will havethe capability to abort a flight in case of unpredicted obstacles, weather, oremergencies.

14C.F.R. Part21, Subpart H: Airworthiness Certificates 14C.F.R. §91.203 

### (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements forthe issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 

### (f)) and Section 333 ofthe Reform Act both authorize the FAAto exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular UAS. In all cases, an analysis of these criteria demonstratesthatthe UAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed will be at least as safe, orsafer, than a conventional aircraft (fixed wing or rotorcraft) operating with 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 orflammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations underthis exemption will betightly controlled and monitored by both the operator and underthe requirements and in compliance with local public safety requirements. The FAA will have advance notice ofall operations. These safety enhancements provide a greater degree ofsafety 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 ofthese same criteria demonstratesthatthere is no credible threatto national security posed by the UAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials orflammable liquid fuels, and inabilityto carry a substantial external load. 14C.F.R. § 45.23 (b). Marking ofthe Aircraft The regulation requires: When marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft orexperimental or provisionally certificated aircraft, the operator must also display on that aircraft neareach entrance tothe cabin, cockpit, or pilot station, in letters not less than 2 inches nor morethan 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 to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe UAS, two-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level ofsafetywill be provided by having the UAS marked on its fuselage as required by §45.29 (f) wherethe pilot, observer and others working with the UAS will seethe identification ofthe UAS as "Experimental." 14C.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 ofan aircraftthat is carrying passengers or property for compensation or hire. Air-Mods FlightTraining 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 attendantto the operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC ofthe 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 61.113 (a) & (b). Ifeel the operation and limitations will equatetothe safe operation ofthe UAS. 14C.F.R. §91.7(a): Civil Aircraft Airworthiness. 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 forthe aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size ofthe aircraft for maintenance and use ofsafety check lists priorto each flight an equivalent level ofsafety will be provided. 14C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft

... (2) Forwhich an Airplane or Page 6Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unlessthere 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 placeto carry such a flight manual on the aircraft, not only because there is no pilot on board, but becausethere is no room or capacityto carry such an item on the aircraft. The equivalent level ofsafety will be maintained by keeping theflight manual atthe ground control point wherethe pilot flying the UAS will have immediate accessto it. 14C.F.R. § 91.103: PreflightAction. This regulation requires each pilot in command to take certain actions before flight to insurethe safety offlight. As FAA approved rotorcraft flight manuals will not be provided forthe aircraft an exemption will be needed. The PIC will take all actions underNormal Procedures including but not limited to reviewing weather, flight battery requirements, landing and takeoffdistances and aircraft performance data before initiation offlight. 14C.F.R. §91.109: Flight Instruction. Section 91.103 providesthat no person may 0perate a civil aircraft (except a manned free balloon) that is being used forflight instruction unless that aircraft hasfully functioning dual controls. UAS and remotely piloted aircraft, bytheir design do not havefully functional dual controls. Flight control is accomplished through the use ofa control boxthat communicates with the aircraft via radio communications. The FAA has approved exemptions forflight training without fully functional dual controls for a numberofaircraft and forflight instruction in experimental aircraft. The equivalent level ofsafety provided by thefactthat neithera pilot nor passengers will be carried in the aircraft and bythe size and speed ofthe aircraft. 14C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudesfor operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at lessthan the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters bythe FAA. Asthis exemption is for a UASthat is a helicopter and the exemption requests authority to operate at altitudes up to 

### 400AGL, 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 neveroperate at higherthan 

### 400 AGLwith the exception that in circumstances wherethe UAS is used to survey or photograph a structure whose height exceeds 

### 400 feet AGL, the UAS will not be operated more than 

### 200 feet abovethe highest point on the structure. It will however be operated in a restricted areawith security perimeter, where buildings and people will not be exposed to operations withouttheir pre-obtained consent. The equivalent level ofsafetywill be achieved given the size, weight, speed ofthe UAS aswell asthe location where it is operated. Noflight will betaken without the permission ofthe property owneror local officials. Because ofthe advance notice tothe property ownerand participants in the filming activity, all affected individuals will be aware ofthe planned flight operations. Page 7Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 551bs. proposed herein and the lack offlammable 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 ofthe UAS will ensure separation between these UAS operations and the operations ofconventional aircraftthat must comply with Section 91.119. 14C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeterthat is set "

...tothe elevation ofthe departure airport oran appropriate altimetersetting 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, pursuanttothe safety check list and liveflight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator beforeflight. 14C.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 underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel tofly tothe first point of intended landing, and, assuming normal cruising speed- (1) During the day, to fly afterthatforat least 30 minutes; or (2) At night, to fly afterthatfor at least 45 minutes." The battery powering the UAS provides approximately 30 minutes of powered flight. To meet the 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 longertime frame for flight in daylight ortwilight 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 property owners orofficial representatives who have signed waivers will be allowed, with lessthan 30 minutes of reserve fuel, does not engenderthe type of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility forwhich the exemption will be granted. Applicant believes that an equivalent level ofsafety can be achieved by limiting flights to 30 minutes or 25% of battery power- whichever happensfirst. This restriction would be more than adequate to return the UAS to its planned landing zonefrom anywhere in its limited operating area. 14C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft 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) ofthis section ora special flight authorization issued under§91.715 is displayed at the cabin orcockpit entrance sothat it is legible to passengers orcrew. The UASfully loaded weighs no morethan 55 lbs. and is operated without an onboard pilot. As such, there is no ability or place to carry certification and registration documents orto display them on the UAS. An equivalent level ofsafety will be achieved by keeping these documents atthe ground control pointwhere the pilot flying the UAS will have immediate access tothem, tothe extentthey are applicable tothe UAS. 14C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. These regulations require that an aircraft operatororowner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 of this chapter

...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given thatthese section and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not applyto the applicant. Maintenancewill be accomplished by the operator pursuant to the flight manual and operating handbook. An equivalent level ofsafety 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 oftime. If mechanical issues arise the UAS can land immediately and will be operating from no higherthan 400 feet AGL. The operatorwill ensure thatthe UAS is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person mostfamiliar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. An equivalent level ofsafety will be achieved because maintenance and inspections will be performed in accordance with the UAS Manufacturer's User Manual. The operatorwill ensure that the UAS is in working order priorto initiating flight and perform required maintenance as needed.

Page 9Additional Information The applicant, Air-Mods Flight Training Center 

### I S. Lisa Campbell, has been involved in the flight training business over7 years. Mrs. Campbell is also the current Vice Chairman ofthe Board of"The Flight School Association of North America (FSANA). Hertrue desire is to educate the public asto the safe, responsible and respectful practices involved in the operation of UAS. Satisfaction ofcriteria provided in Section 333 ofthe Reform Act of2012 provide morethan adequatejustification forthe grant ofthe requested exemptions allowing the commercial operation ofthe applicant's UAS. Given the small size ofthe UAS and the controlled environment provided the proposed operationswill adheretothe Reform Act's safety requirements. The approval ofthis application presents no national security issues. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, professional and private usereducation, the grant ofthe requested exemption is in the public interest. Accordinglythe applicant requests thatthe FAA grantthe requested exemption with minimum delay. 

# ,sua? ./7C

**~ampbell** Air-Mods FTC FSANA Board

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