James E. Mackler

Attorney

615.238.6312 (Direct Phone)

615.248.4668 (Direct Fax)

jmackler@bonelaw.com

{01236765.1 }

Nashville City Center, Suite 1600

- 511 Union Street

- Nashville, Tennessee 37219

615.238.6300 (phone)

- 615.238.6301 (fax) May 2 0 , 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE,

West Building Ground Floor, Room W12

- 140,

Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act

and Part 11 of the Federal Aviation Regulations from 14 C.F.R. 61.23(a) and (c);

61.101(e)(4) and (5); 61.113(a); 61.315(a); 91.119(c); 91.121; 91.151(a)(1);

91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) & (b).

PETITION FOR SUMMARY EXEMPTION

Dear S ir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform

Act) and 14 C.F.R. Part 11, Unmanned Aircraft Professional Services, LLC, (“UAPS”) an

operator of Small Unmanned Aircraft (UA) hereby applies for an exemption from the listed

Federal Aviation Regulations ("FARs") to allow commercial operation of its UA. UAPS is

eligible for a summary exemption for aerial data collection 1

.

QUICK REFERENCE SUMMARY:

• Types of aircraft to be flown:

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples

include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis,

etc.), chemical measurement (parti culate measurement, etc.), or any other gathering of data by instruments

aboard the UA. See exemption # 11482.{01236765.1 }

Nashville City Center, Suite 1600

- 511 Union Street

- Nashville, Tennessee 37219

615.238.6300 (phone)

- 615.238.6301 (fax) o DJI Phantom 2 Vision +

o DJI Phantom 3

o DJI Inspire 1

o DJI S 1000 +

• In addition to the confidential and proprietary technical documents provided under

separate cover, user manuals , quick start guides, and safety guidelines are all currently

available online at the following URLs:

Phantom Series

o Phantom 2Vision+ : http://www.dji.com/product/phantom

- 2

- vision

- plus/download

o Phantom 3 : http://www.dji.com/prod uct/phantom

- 3/download

Inspire Series

o Inspire 1: http://www.dji.com/product/inspire

- 1/download

Spreading Wings Series

o S 1000+: http://www.dji.com/product/spreading

- wings

- s1000

- plus/download

• The operations will be for A erial data collection

. 2

• Operating restrictions :

o UAPS agrees to all of the restrictions listed in Exemption # 11358 granted to New

Heights Aerial Media, LLC for Aerial Data Collection on April 17, 2015. Those

restrictions are listed below. Based upon the FAA’s recent guidance, this petition

is eligible for summary exemption and should be granted immediately.

o A flight operations and procedures manual will be submitted confidentially via

email.

2 Exemption # 11358 to New Heights Aerial Media, LLC was for “aerial data collection.”{01236765.1 }

Nashville City Center, Suite 1600

- 511 Union Street

- Nashville, Tennessee 37219

615.238.6300 (phone)

- 615.238.6301 (fax) UAPS requests that the publication and comment procedures be waived in accordance with

14 C.F.R. § 11.87 :

Pursuant to § 11.87 the FAA may not publish a summary of a petition for exemption

and request comments if the applicant present s or the Agency find s good cause why the

Agency should not delay action on the petition. The factors to be considered in deciding

whether to request comment include:

(a) Whether granting your petition would set a precedent.

(b) Whether the relief requested is identical to exemptions granted previously.

(c) Whether our delaying action on your petition would affect you adversely.

(d) Wheth er you filed your petition in a timely manner.

Corresponding to the above sub

- sections, UAPS has good cause to request the FAA to

waive the comment period and not delay action on the petition because:

(a) UAPS would not set any precedent. Section 333 petitio ns generally fall into two

categories: film/television production and aerial data collection. Most exemptions in

these categories are handled through the summary grant process. UAPS agrees to the

same exact limitations as required by previous aerial data collection approvals, such as

e xemption # 11358, except that we are proposing to operate the DJI aircraft listed above.

These aircraft, and the variants thereof, are commonly used and have been previously

approved . For example:

i. Exemptions # 11184 and # 1 1161 permits the use of the DJI S1000.

ii. Exemption # 11341 was for the use of DJI Phantom 2 Vision+.

iii. Exemptions # 11347 and 11306 were for the DJI Phantom 2. DJI has

announced they will discontinue the Phantom 2 model and replace it with

the Phantom 3. Alt hough no exemptions have been granted for the{01236765.1 }

Nashville City Center, Suite 1600

- 511 Union Street

- Nashville, Tennessee 37219

615.238.6300 (phone)

- 615.238.6301 (fax) Phantom 3, it is substantially similar in performance to the DJI Phantom 2

Vision+ (“P2”) in all relevant respects.

iv. Exemptions # 11455 and # 11532 were for the use of the Inspire 1.

(b) The relief requested is identical to that granted, without publication fo r comment, in

Exem ption # 11358 for aerial data collection.

(c) Delaying the granting of this petition would adversely affect the public, the FAA,

and UAPS. The public, as well as the FAA, would be better serv ed by the FAA

quickly granting this petition and thereby freeing up limited FAA resources and

allowing FAA inspectors to dedicate their time and attention to much higher

priorities. Moreover, UAPS is adversely affected by the above listed regulations.

(d) The petition has been filed in a timely manner.

Petitioner s contact info rmation :

Unmanned Aircraft Professional Services, Inc.

Attn: Allen S Orr

Phone: 615

- 579

- 5422

Email: shaneorr@comcast.net

Address: 4105 Meadow G reen

Old Hickory, TN 37138

Bone, McAllester Norton, PLLC

Attn: James Mackler

Phone: 615

- 238

- 6312

Email: jmackler@bonelaw.com

Address: 511 Union Street, Suite 1600, Nashville, Tennessee 37219

Regulations from which the exemption is requested:

• 14 C.F.R. § 61.23(a) and (c)

• 14 C.F.R. § 61.101(e)(4) and (5)

• 14 C.F.R. § 61.113(a)

• 14 C.F.R. § 61.315(a)

• 14 C.F.R. § 91.7(a){01236765.1 }

Nashville City Center, Suite 1600

- 511 Union Street

- Nashville, Tennessee 37219

615.238.6300 (phone)

- 615.238.6301 (fax) • 14 C.F.R. § 91.119(c)

• 14 C.F.R. § 91.121

• 14 C.F.R. § 91.151(a)(1)

• 14 C.F.R. § 91.405(a)

• 14 C.F.R. § 91.407(a)(1)

• 14 C.F.R. § 91.409(a)(1) & ( 2)

• 14 C.F.R. § 91.417(a) & (b)

This exemption application is expressly submitted to fulfill Congress' goal in passing

Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012. This law directs

the Secretary of Transportation to consider whether certain unmanned aircraft systems may

operate safely in the national airspace system (NAS) before completion of the rulemaking

required under Section 332 of the FAA Modernization and Reform Act. In making this

determination, the Secretary is requir ed to determine which types of UA do not create a hazard to

users of the NAS or the public or pose a threat to national security in light of the following:

• The UA’s size, weight, speed, and operational capability;

• Operation of the UA in close proximity to airports and populated areas; and,

• Operation of the UA within visual line of sight of the operator (VLOS). 3

If the Secretary determines that such vehicles "may operate safely in the national airspace

system, the Secretary shall establish requirements for the safe operation of such aircraft in the

national airspace system." Id. § 333(c) (emphasis added). 4

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions.

This statutory authority by its terms includes exempting civil aircr aft, as the term is defined

3 FAA Modernization and Reform Act of 2012 at § 333(a).

4 Applicant interprets this provision to place the duty on the Administrator to not only process applications for

exemptions under section 333, but for the Administrator to craft conditions for the s afe operation of the UAS, if

it should be determined that the conditions set forth herein do not fulfill the statutory requirements for

approval.{01236765.1 }

Nashville City Center, Suite 1600

- 511 Union Street

- Nashville, Tennessee 37219

615.238.6300 (phone)

- 615.238.6301 (fax) under § 40101 of the Act that includes UAS’s, from the requirement that all civil aircraft must

have a current airworthiness certificate.

“The Administrator may grant an exemption from a requirement of a regulation

prescribed un der subsection (a) or (b) of this section or any sections 44702

- 44716 of this title if

the Administrator finds the exemption in the public interest.” 49 U.S.C. § 44701(f). See also 49

U.S.C. § 44711(b).

OPERATING DOCUMENTS

The following confidential and pr oprietary documents are submitted under separate

cover:

• Flight Operations and Procedures Manual.

• Aircraft Flight Manual for the DJI Phantom 2 Vision+.

• Aircraft Flight Manual for the DJI Phantom 3.

• Aircraft Flight Manual for the DJI Inspire 1.

• Aircraft Flight Manual for the DJI S1000+.

• Training manuals for the Pilot in Command and Visual Observer.

UAPS will operate only within the limitations below and the limitations listed in the

confidentially submitted technical documents . The limitations below, from the previously

granted exemption, will be followed if there is a conflict with the technical manuals

.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein applies to civil aircraft that

have the characteristics and that operate with the limitations listed herein. These limitations

provide for at least an equivalent or even higher level of safety to operations under the current

regulatory structure.{01236765.1 }

Nashville City Center, Suite 1600

- 511 Union Street

- Nashville, Tennessee 37219

615.238.6300 (phone)

- 615.238.6301 (fax) These limitations and conditions a re identical to Exemption # 11358 for aerial data

collection except for the difference in aircraft. UAPS agrees to be bound by the following when

conducting commercial UA operations:

1. Operations authorized by this grant of exe mption are li m ited to the DJI line of aircraft

listed above when weighing less than 55 pounds including payload. Proposed operations

of any other a i r c ra f t will requi r e a new petition or a p e tition to a m end this e x e mption.

2. The UA m a y not be operated at a s p eed excee d ing 87 knots (100 m iles per hour). T h e

exe mption holder m ay use either groundspeed or calibrated airspeed to deter m ine

co mpliance with the 87 knot speed restrict i on. In no case will the UA be operated at

airspeeds greater than t h e m ax i m u m UA operating airspeed recommended by the aircraft

m anufacturer.

3. The UA m u st be operated at an altitude of no m o re than 400 f eet above ground level

(AGL). Altitude m ust be reported in feet AGL.

4. The UA m u st be operated within visual line of sight (VLOS) of t h e PIC at all ti m es. This

req u ir e s the PIC to be able to u s e hu m an vision unaided by any device other than

correcti v e lenses, as specified on the PIC’s FAA

- issued air m an m edical certifi c ate o r U.S.

driver ’ s li c ense.

5. All oper a ti o ns m ust utilize a vis u al o bserver (VO). The UA mu st be operated within

the visual line of sight (VLOS) of the PIC and VO at all ti m es. The VO m ay be used to

satisfy the VLOS require m ent as long as the P IC always maintains VLOS capability.

The VO and PIC m ust be able to c o mmunicate verbally at all ti m es; ele c tronic

messaging o r texting is not per m itted d uring f lig h t operations. The PIC m ust be

designated before the flight and cannot transfer his or her designation for the duration of

the flight. T he PIC m ust ensure t h at the VO can perform the duties required of the VO.

6. This exe mption and all docu m ents needed to operate the UAS and conduct its

operations in accorda n ce with the conditions a n d li m itations stated in t h is grant of

exe mption, are hereinafter referred to as the operating docu m ents. The operating

docu m ents must be accessible during UAS operations and made available to the

Ad m i nistrator upon request. If a discr e pancy exists between the conditions and{01236765.1 }

Nashville City Center, Suite 1600

- 511 Union Street

- Nashville, Tennessee 37219

615.238.6300 (phone)

- 615.238.6301 (fax) li m itations in this e x e mption and the procedu r es outli n ed in the oper a ting documents,

the conditions and li m itations herein t a ke precedence and must be followed. Otherwise,

the oper a tor must f ollow the procedures as outlined in its operating docu m ents. The

operator m ay update or rev i se its operating docu m ents. It is the operator’s

responsibility to track such revisions and present updated and revised docu m ents to the

Ad m i nistrator or any l a w enforce m ent official upon request. The operator m u st also

present updated and revis e d docu m ents if it petitions for extension or a m end m e nt to this

grant of exe m p t ion. If the operator deter m ines that any update or revision would affect

the basis upon which the FAA granted this exemption, then the operator must petition

for an a m e nd m e n t to its grant of exe mption. The FAA’s UAS Integration Office

(AF S

− 80) may be contacted if questions arise regarding updates or revisions to the

operating docu m ents.

7. Any UAS that has undergone m aintenance or alterations that af f

ect the UAS operation or

flight characteristics, e.g., replace m ent of a flight c r itical co mponent, must undergo a

functional test flight pri o r to conducting further oper a tions under this exe mption.

Functional test flights may only be conducted by a PIC with a VO and must re m ain at

least 500 feet from other people. The funct i onal test flight m u st be conducted in such a

m anner so as to not pose an undue h azard to persons and pr o perty.

8. The operator is responsible for m aintaining a nd inspecting the UAS to ensure that it is in

a condition for safe operation.

9. Prior to each flight, the P IC m ust conduct a pre

- flight ins p ection and deter m ine the UAS

is in a condition for safe flight. T h e pre

- fli g ht inspecti o n m ust acc o unt for all potential

discrepancies, e.g., inoperable co m ponents, ite m s, or equip m ent. If the inspection reveals

a co n dition that affects the safe operation of the UAS, the aircraft is prohibited from

operati n g until the n ecess a ry m a intena n ce h a s been perf o r m ed and the UAS is found to

be in a condition for safe flight.

10. The operat o r m ust f ollow the UAS m anufacturer’s m aintenance, overhaul,

replace m ent, inspection, and life li m i t require m ents for the aircraft and

aircraft components.{01236765.1 }

Nashville City Center, Suite 1600

- 511 Union Street

- Nashville, Tennessee 37219

615.238.6300 (phone)

- 615.238.6301 (fax) 11. Each UAS operated un d er t h is exe mption m ust co mply with all m anu f acturer

safety bulletins.

12. Under this grant of exemption, a PIC must hold either an airline transport, commercial,

priv a t e, r e c r eatio n al, or sport p i lot certificate. T he PIC m ust also hold a curre n t FAA

air m an m edical certificate or a valid U.S. driver’s license issued by a state, the District

of Colu m bia, Puerto Rico, a territory, a possession, or the Federal govern m ent. The

PIC must also m eet the flight review require m ents specified in 14 CFR § 61.56 in an

aircraft in which the P I C is rated on his or her pilot certificate.

13. The operator m ay not per m it any PIC to operate unless the PIC de m onstrates the ability

to sa f ely ope r ate the UAS in a m a nner co n siste n t with how the UAS will be operated

under this exemption, including evasive and e m ergency m aneuvers and m aintaining

appropriate distances from persons, vessels, vehicles and structures. PIC qualification

flight hours and currency m ust be logged in a manner consistent with 14 CFR §

61.51(b). Flights for the purposes of training the operator’s P ICs and VOs (training,

proficiency, and experience

- building) and deter m i ning the PI C ’s ability to sa f ely

oper a te the UAS in a m anner consistent w ith how the UAS will be operated under t h is

exe mption are per m itted under the ter m s of this exe mption. However, training

operations m ay only be conducted du r ing dedicated training sessions. During training,

proficiency, and experience

- building flights, a l l persons not essential for flight

operations are considered nonparti c ipants, and the PIC m ust operate the UA with

appro p riate distance from nonparticipa n t s in accorda n ce with 14 CFR § 91.119.

14. UAS operations m ay not be conducted during night, as defined in 14 CFR § 1.1. All

operations must be conducted under visual m eteorological conditions (VMC). Flights

under special visual flight rul e s (SVFR) are not authorized.

15. The UA m a y not operate within 5 nautical m iles of an airport refere n ce p oint (ARP) a s

denoted in the current F AA Airport/Faci l ity Directory (AFD) or for airports not denoted

with an ARP, the center of the airport sy m bol as denoted on the current

FAA

- published aerona u tic a l ch a rt, u nless a letter of agree m ent with t h at airpo r t’s

m anage m ent is obt a i ned or otherwise per m itted b y a COA issued to the e xe m ption{01236765.1 }

Nashville City Center, Suite 1600

- 511 Union Street

- Nashville, Tennessee 37219

615.238.6300 (phone)

- 615.238.6301 (fax) holder. The letter of agree m ent with the a i rport m anage m ent must be m ade available to

the Ad m i nistrator or any law enforce m ent official upon request.

16. The UA m a y 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 m iles from the PIC.

17. If the UAS loses com m unications or loses its GPS signal, the UA m ust return to a

pre

- deter m ined location within t h e p rivate or co n t rolled

- acce s s property.

18. The PIC m u st abort the f light in the event of unpredicted obstacles or e m ergencies.

19. The PIC is prohibited fr o m beginning a flight unless (con s idering wind and forecast

weather conditions) there is enough available power for the UA to conduct the intended

operation and to operate after that for at least five minutes or with the reserve power

recommended by the m anufacturer if greater.

20. Air Traffic Organizati o n (ATO) Certificate of Waiver or A utho r ization (COA). All

operations shall be conducted in accord a nce with an ATO

- issued COA. The

exe mption holder m ay apply for a new or a m ended COA if it intends to conduct

operations that cannot be conducted under the ter m s of the attached COA.

21. All aircraft operated in accor d a n ce with this exemption m ust be identified by serial

nu m ber, registered in accordance with 14 CFR p a rt 47, and have identification

( N

− Nu m ber) m arkings in accorda n ce with 14 CFR part 45, Subpart C. Markings m ust be

as large as practica b le.

22. Docu m ents used by the operator to ensure t h e safe operation and flight of the UAS and

any docu m e nts required under 14 CFR §§ 91.9 and 91.203 m u st be available to the PIC

at the G round Control Station of the UAS any ti m e the aircraft is operating. These

doc u m ents m ust be m ade availa b l e to the Ad m i nistrator or any law enforcement official

upon request.

23. The UA m u st re m ain clear and give w a y to all m anned aviation operations and acti v ities

a t all ti m es.

24. The UAS may not be operated by the PIC from any m oving device or vehicle.

25. All Flight operations must be conducted at least 500 feet from all nonparticipating

persons, vessels, vehicles, and structures unless:{01236765.1 }

Nashville City Center, Suite 1600

- 511 Union Street

- Nashville, Tennessee 37219

615.238.6300 (phone)

- 615.238.6301 (fax) a. Barriers or structures are present that sufficiently p r otect nonparticipating persons

from the UA and/or de b ris in the eve n t of an acci d ent. The o p erat o r m ust ensure

that nonparticipating persons re m ain under s u ch protection. If a situation arises

where nonparticipating persons leave such protection and are within 500 feet of

the UA, flight operatio n s m ust cease im m ediately in a m anner ensuring the safety

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or struc t ures has granted per m ission

for operating closer to those objects and the PIC has m ade a safety assess m ent of

the risk of operating closer to those objects and deter m ined that it does not

present an u ndue hazard.

c. The PIC, VO, operator trainees or e s sential pers o ns are not c o nsidered

nonparticipating persons under this exe mption.

26. All operati o ns shall b e conducted o v er pri v ate o r contr o lle d

- access pro p erty with

per m ission from the property owner/contr o ller or authorized representative. Per m ission

from property owner/co n t roller o r authorized rep r esent a tive w ill b e obtained for each

flight to be conducted.

27. Any incident, accident, or flight operation that tr a nsgress e s t h e later a l or v ertical

boundaries of the operational area as defined by the applicable COA must be reported to

the FAA ' s UAS Integration O ff i ce (AF S

− 80) within 24 hours. Accidents m ust be

reported to the National Transportation Safety Board (NTSB) per instructions contained

on the NTSB Web site: w ww.ntsb.gov

.

STATUTORY CRITERIA PROVIDED IN SECTION 333

The Federal Aviation Act (49 U.S.C.§ 44701 (f)) and Section 333 of the Reform Act both

authorize 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 a ll cases, an analysis of these criteria demonstrates that

the UAS operated without an airworthiness certificate and under the restrictions proposed will be{01236765.1 }

Nashville City Center, Suite 1600

- 511 Union Street

- Nashville, Tennessee 37219

615.238.6300 (phone)

- 615.238.6301 (fax) at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with a n

airworthiness certificate without the restrictions and conditions proposed.

Since the UA fully loaded weighs no more than 55 lbs. and is operated without an

onboard pilot, there is no ability or place to carry certification and registration documents or to

display them on the unmanned aircraft. An equivalent level of safety will be achieved by keeping

these documents at the ground control point where the pilot flying the UA will have immediate

access to them. Given the size of the unmanned aircraft, the F AA registration number will be

displayed on the airframe in as large a font as possible.

14 C.F.R. § 61.23(a) & (c): M EDICAL C ERTIFICATES

Exemption # 11221, # 11284, and many others have provided that a U.S. driver’s

license could be used in lieu of the me dical certificate.

14 C.F.R. § 61.101( e )(4) & (5): R ECREATIONAL P ILOT P RIVILEGES AND L IMITATIONS & 14

C.F.R. § 61.315( a ): S PORT P ILOT L IMITATIONS

.

Exemption # 11221, # 11284, and many others have provided that the “PIC must hold

either an airline transpor t, commercial, private, recreational, or sport pilot certificate.”

Likewise, UAPS is also performing commercial UAS work and is asking for the same

restrictions which have been previously deemed to provide an equivalent level of safety as

the burdensome re gulations.

14 C.F.R. § 61.113 (a): P RIVATE P ILOT P RIVILEGES A ND L IMITATIONS : P ILOT I N

C OMMAND

.

Sub

- sections 61.113(a) limit private pilots to non

- commercial operations. Because the

UAS will not carry a pilot or passengers, the proposed operations can achi eve the equivalent

level of safety of current operations by requiring the PIC operating the aircraft to have a

private pilot's license rather than a commercial pilot's license to operate this small UAS.{01236765.1 }

Nashville City Center, Suite 1600

- 511 Union Street

- Nashville, Tennessee 37219

615.238.6300 (phone)

- 615.238.6301 (fax) Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely

controlled with no living thing on board.

14 C.F.R. § 91.7( a ): C IVIL A IRCRAFT A IRWORTHINESS

.

As described above, t he DJI aircraft and their associated flight controllers are widely used

and have been previously approved. As an example, the DJI laptop Ground Control Station

( http://www.dji.com/product/pc

- ground

- station/download ), DJI iPad Ground Control Station

( http://www.dji.com/product/ipad

- ground

- station/download , and DJI Lightbridg e video downlink

( http://www.dji.com/product/dji

- lightbridge/download ) were approved in several petitions,

including Exemption # 11554.

14 C.F.R. § 91.119: M INIMUM S AFE A LTITUDES

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 prescrib ed for helicopters

by the FAA.

Because of 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 small UAS operations and the operations of conventional aircraft that must comply

with Section 91.119.

14 C.F.R. § 91.121: A LTIMETER S ETTINGS

This regulation requires each person operating an aircraft to main tain 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 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 operating manuals.{01236765.1 }

Nashville City Center, Suite 1600

- 511 Union Street

- Nashville, Tennessee 37219

615.238.6300 (phone)

- 615.238.6301 (fax) 14 C.F.R. § 91.151( a ): F UEL R EQUIREMENTS FOR F LIGHT IN VFR C ONDITIONS

Section 91.151 (a) prohibits an individual from beginn ing "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 a pplicant believes that an equivalent level of safety can be achieved by prohibiting

the PIC from beginning a UAS flight unless (considering wind and forecast weather con ditions

and assuming normal cruising speed) “there is enough available power for the UA to conduct the

intended operation and to operate after that for at least five minutes or with the reserve power

recommended by the manufacturer if greater.” Exemption # 11284, at page 5.

14 C.F.R. § 91.405 (a); § 91.407 (a) (1); § 91.409 (a) (2); § 91.417(a) & (b): M AINTENANCE

I NSPECTIONS

These regulations require that an aircraft operator or owner "shall have that aircraft

inspected as prescribed in subpart E of this p art and shall between required inspections, except as

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of

this chapter" 5 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 the applicant. An equivalent level of safety will be achieved because

these small UAS’s are very limited in size and will carry a small p ayload and operate only in

restricted areas for limited periods of time. 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 safety. Last ly, the petitioner will operate in accordance with the manuals

submitted confidentially which will provide an equivalent level of safety as the burdensome

regulations.

5 14 C.F.R. § 91.405(a).{01236765.1 }

Nashville City Center, Suite 1600

- 511 Union Street

- Nashville, Tennessee 37219

615.238.6300 (phone)

- 615.238.6301 (fax) CONCLUSION:

The operation of UAPS using a small UAS, weighing less than 55 lbs., conducted under

the proposed restrictions outlined above, will provide an equivalent level of safety supporting the

grant of the exemptions requested herein.

If I can be of any assistanc e to further expedite this petition, please do not hesitate to

contact me at (615) 238

- 6312 or at my email jmackler@bonelaw.com.

Sincerely yours,

____________________

James E Mackler, Esq.