September28, 2015

U. S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE \Vashington, DC 20590 Unmanned Applications Institute International 4200 James Ray Drive Suite 184 Grand Forks, ND 58202 Tel +1 701 738 4871 uaiintemational

.com

Re: Unmanned Applications Institute Intemational's Request for Exemption from Certain Regulations per Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations Dear SirorMadam: Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11 , Unmanned Applications Institute International ("UAI") hereby applies for an exemption from the listed Federal Aviation Regulations ("F ARs") to allow business use (commercial operation) ofits sUASs, so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. 

### I. INTRODUCTION UAI is headquartered in Grand Forks, North Dakota. UAI seeks to operate sUAS to conduct aerial data collection. This includes aerial surveys, and data for agriculture, mining, and infrastructure. This also includes aerial photography for structural assessment oftall structures such as wind turbines, communications t0\1iers and flare stacks, as well as aerial photography for real estate marketing and event photography. In its application, UAI requests use ofthe Altavian Nova F6500, Altavian Nova R8400, and the Lockheed-Martin Indago. These aircraft have been previously approved in exemption numbers 11344, 11317, and 11965, Specific Regulations for which an exemption is sought: 14 CFR 61.113 (a) 14 CFR 91.7(a) 14 CFR 91.119(b) & (c) 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.405 (a) 14 CFR407 (u) (1) 14 CFR409 (a) 

### (1) & 

### (2) 14 CFR 417 (a) & (b)September 28, 2015 Page 2
II. 

### UAl'S PROPOSED OPERATIONS DO NOT CREATE SIGNIF[CANT HAZARDS The sUAS's utilized by UAI are electric aircraft, weighing less than 55 lbs. including payload. They 

### will only be operated 

### as visual line ofsight (VLOS), remain under 400ft. above ground level, and 

### will operate only overprivate property with pem1ission ofthe owners ofthe property. During the proposed operations involving aerial inspection ofstructures and real estate, the site will be secured, and non-participants will be kept at least 500 feet away from the operation. Similarly, operations during event photography will occur at least 500 feet from all non-participants unless barriers or structures are present that sufficiently protect non-participants in the event ofan accident or loss ofcontrol. 

### III. UAl'S PROPOSED OPERATIONS ARE IN THE PUBLIC INTEREST The FAA recently issued a Grant ofExemption to FalconSkyCam for operations that are substantially similar to those proposed herein. DocketNo. FAA-2014-0884 (used March 6, 2015). In issuing the Grant, the FAA noted that "[t]he enhanced safety and reduced environmental impact achieved using a UAS with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft ofsignificantly greaterproportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest." Accordingly, UAI respectfully requests that the FAA grant the requested exemption without delay. 

### IV. EQUIVALENT LEVEL OF SAFETY

. UAI proposes that the exemptionrequested herein apply to civil aircraft that have the characteristics and operate with the limitations listed herein. These limitations, 

### as listed below, provide for at least an equivalent or even higher level ofsafety to operations under the current regulatory structure. These limitations and conditions to which UAI agrees to be bound when conducting commercial operations w1der an FAA issued exemption include: The sUASs utilized by UAI will weigh less than 55 lbs. Flights will be operated during daylight hours, in visual meteorological conditions, and within visual line ofsight (VLOS) ofthe pilot ofthe UAS. All operations will utilize a visual observer in addition to the operator. Maximum total flight time for each operational flight 

### will be approximately 30 minutes, orwhen the Low Battery warning activates.September 28, 2015 Page 3



### V. EXEMPTIONS REQUESTED
14 C.F.R. 

### § 61.113(a) and (b): Privatevs. Commercial Pilot Certificates Sections 6l.113(a) and (b) prohibit private pilots from operating an aircraft for compensation or hire. UAI proposes that its pilots will have at least a private pilot's certificate, and a Class II medical. For the reasons set forth in the FAA's grant ofan exemption to Astraeus Aerial, UAI docs not believe a commercial pilot certificate is necessary for the operations it intends to conduct. See, e.g., In the matter ofthe petition ofAstraeus Aerial, Exemption No
. 11062 (issued Sept. 25, 2014). For those reasons, UAI requests an exemption from I 4 C.F.R. § 6 I.l l3(a) and (b)
. 14 C.F.R. 

### § 91.7(a): Civil Aircraft Airworthiness Section 91.7 prohibits operation ofan unairworthy aircraft, and places responsibility for airworthiness determinations on the pilot in command. The sUAS will not have an airworthiness certificate, and there is no FAA regulatory standard for determining airworthiness ofthe sUAS
. For these reasons. and in accordance with the FAA's grant ofan exemption from 91.7 to Total Safety U.S., Inc., UAI requests an exemption from 14 CFR. § 91.7(a). See, e.g., In the matter ofthe petition ofTotal Safety U.S., Inc., Exemption No. 11156 (issued Jan. 29, 2015).
14 C.F.R. §91.119(b) and (c): Minimum SafeAltitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 9l.l l9(b) prohibits aircraft in congested areas from flying less than 1,000 feet above the highest obstacle within a horizontal radius of2,000 feet ofthe aircraft. To the extent that the structures that UAI would be inspecting are considered to be in "congested areas," 1 UAI's operational procedures, and the size, weight and spee<l of the sUAS, provide an equivalent level ofsafety such that operations at lower altitudes should be allowed. UAI will establish a 500' buffer/sterile area for its operations that will exclude personnel not associated with the operations. UAI will also exercise additional control over the sterile area as needed. Consequently, UAI believes these procedures will reduce or eliminate any potential adverse impacts to safety for operations in congested areas. UAI therefore requests an exemption from 14 CFR § 91.l J9(b).

I The FAA Office ofthe ChiefCounsel has indicated thut whether nn area is "congested" is detcnnincd on uca.,;e-by-casc basis. See, e.g., June 18, 2012, Memorandum from Rebecca B. MacPherson, Assistant ChiefCounsel for Regulutions, to James E. Gardner, Manager, Flight Standards Division, re "To whnt extent an opcmtorcnn make ucongcsttxl area uncongested."September 28, 2015 Page 4 t I ·~ •' ~1 , t . / -

Section 91
. 119 (c) prohibits operations in otherthan congested areas below 500 feet above the surface, orcloser than 500 feet to any person, vessel, vehicle or structure. As this exemption is for an sUAS that flies similarly to a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, an exemption may 

### be needed to allow such operations. 

### 14 C.F.R. §91.121 Altimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude 

### by reference to an al6meterthat is set "
... to the elevation ofthe departure airport oran 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. 

### 14 C.F.R. § 91.lSl(a): Fuel Requirements forFlight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "aflight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed

- (1) During the day, to fly after that for at least 30 minutes; or(2) Atnight, to fly after that for atleast 45 minutes." Maximum total flight time for each operational flight will be no more than 25 minutes
. Flights will be safely landed when the battery falls belowits nominal voltage, should that occur priorto completion ofthe operation. This battery level would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area when the LowVoltage Warning alerts
. Forthese reasons, UAI requests anexemption from 14 C.F.R. 

### § 91.151(a). Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 

### 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1) & 

### (2); 417(a) & 

### (b): MaintenanceInspections These regulations require that an aircraft operator orowner "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 ofth is chapter
...," and others shall inspect or maintain the aircraft incompliance with Part 43. The operator will ensure that the UAS is in working orderprior to initiating flight, perform required maintenance and inspections, and keep a log ofany maintenance performed. VI. REGULATIONS FORWHICH EXEMPTIONS ARE UNNECESSARY The federal Aviation Administrationjust issued a number ofexemptions for UAS operations in filming ofmovies. In those exemptions, the agency noted that exemptions from certain regulations were not necessary, due to "the size, weight, speed and limited operating area associated with [the UASs] and its operation."September28, 2015 Page 5 ,· ~1
..

### r:' (..,

Based upon the FAA's guidance, and the fact that UAI' UAS is even smaller and slowerthan those proposed by the film-making industry, UAI believes exemptions from the following regulations are not necessary: · 14 C.F.R. Part21, Subpart H: Airworthiness Certificates 14 C.F.R. 

### § 45.23 (b). Marking ofthe Aircraft 14 C.F.R. §91.7(b): Civil aircraft airworthiness. 14 C.F.R. §91.109: Flight instruction. UAI also believes that an exemption from 14 C.F.R. § 91.l03: Preflight Action, is not necessary. This regulation requires each pilot in command to take certain actions before flight to insure the safety offlight. An FAA approved rotorcraft flight manual will not be provided for the aircraft. An equivalent level ofsafety will be provided as set forth in the operating documents submitted as part ofthis request. The FAAhas previously found that adherence to procedures contained in an applicant's operating documents demonstrate compliance with§ 91.103, and therefore an exemption from the regulation was not necessary. See, e.g., In the matter ofthe petition ofTotal Safety U
.S., Inc., Exemption No. 11156 (issued Jan. 29, 2015). As detailed in its operating documents, UAI's PIC will take all actions including reviewing weather, flight batteryrequirements, landing and takeoffclearance distances and aircraft performance data before initiation offlight to ensure the safety ofthe flight. Consequently, in light ofthe agency's prior finding in Total Safety U.S., Inc., UAI does not believe an exemption from 14 C.F.R. § 91.103 is necessary. Pursuant to 14 C.F.R. Part 11 , the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: UAI seeks an exemption from the following rules: 14 C.F.R. 

### § 61.l 13(a) and (b); 91.7 (a); 91.l 19(b) and (c); 91.121; 91.15l(a); 91.405 (a); 91.407 (a) (I); 91.409 (a) (1) & (2) and 91.417 (a) & (b) to conduct aerial photography for structural assessment oftall structures such as wind turbines, communications towers and flare stacks, as well as aerial photography for real estate marketing and event photography. Approval ofexemptions allowing commercial operations ofsUASs for these applications will enhance safety by reducing risk. Conventional means for performing these assessments require either physically climbing the poles ortowers, using ropes to rappel down the tower from the top ofthe tower, using high-reach man lifts to access the towers (limited reach), orusing conventional helicopters operating at extremely low altitudes over the subject structure being photographed. These conventional means all pose risks to persons and property. In contrast, a sUAS weighing less than 55 lbs. and powered by batteries, eliminates virtually ~l ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The sUAS is

# 0.\ 

# UOii' September 28, 2015 Page 6
carried to the project site and not flown
. The sUAS will carry no passengers orcrew and, therefore, will not expose them to the risks associated with manned aircraft flights, groundbased aerial lift (bucket truck) operations, ormanual climbing and inspection operations. The operation ofsmall UASs, weighing less than 55 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein, including exempting UAI from the requirements ofPart 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, and close to the ground, and, as a result, are far saferthan conventional alternatives. Privacy All flights will occur overprivate orcontrolled access property with the property owner's prior consent and knowledge. Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012--size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line ofsight and national security

- provide more than adequatejustification for the grant ofthe requested exemptions allowing commercial operation ofUAI's sUAS to collect aerial data. This includes aerial surveys, and data for agriculture, mining, and infrastructure. This also includes aerial photography for structural assessment oftall structures such as wind turbines, communications towers and flare stacks, as well as aerial photography for real estate marketing and event photography.

Douglas 

### J. McDonald Director ofSpecial Projects Unmanned Applications Institute International