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ALBERT J. PUCCIARELLI Direct dial: (201) 493-3718 apucciarelli@mdmc-law.com

U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington, D.C. 20590 ATTORNEYS AT LAW

40 West Ridgewood Avenue Ridgewood, NJ 07450 (201) 445-6722 FACSIMILE (201) 445-5376

December 15, 2014

Re: Petition ofNext Generation Aviation Services, L.L.C.**~-** •.., !

i''·. c:·.)

("Petitioner") for an Exemption Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 Ladies and Gentlemen: Pursuant to Section 333 ofthe FAAModernization and Reform Act of2012 (the "Reform Act") and 14 C.P.R. Part 11, Petitioner, hereby applies for an exemption from the Federal AviationRegulations ("FARs") identified below, to allow commercial operations of small unmanned aircraft and associated elements ("UAS"). The exemption is made based on information in this petition, as well as Petitioner's General Operations and Safety Manual ("Operations Manual") and the f1ight and maintenance manuals for the UASs identified and incorporated by reference into Section 2 ofthe Operations Manual. Petitioner submits these supporting materials as confidential documents under 14 C.P.R. 

### § 11.35(b), as they contain confidential commercial and proprietary information that Petitioner has not and will not share with others. Similarly, these documents contain operating conditions and procedures that are not available to the public and are protected from release under the Freedom ofInformation Act, 5U.S.C. § 552 etseq., and any other requirements establishedby the FAApursuantto Section 333 ofthe FAA Reform Act. For your convenience, the petition is organized as follows: I. Description ofPetitioner II. Types ofOperations A. Requestto Use UASs for R&D atTest Sites Controlled by Petitioner B. Requestto Use UASs for photography utilized in the operation ofFirst Responders, for use by Real Estate and Construction firms and to enhance public awareness ofthe utility ofUASs. III. Relevant Statutory Authority

NEW JERSEY NEW YORK PENNSYLVANIA CONNECTICUT MASSACHUSETTS COLORADO DELAWARE

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IV. Petitioner's Proposed UAS OperationsMeettheRequirements ofSection 333 ofthe Reform Act V. Regulations FromWhich Exemption is Requested A. 14 C.F.R. Part21, SubpartH- Airworthiness Certificates and 14 C.F.R. § 91.203 B. 14 C.F.R. Part27 Airworthiness Standards: Normal Category Rotorcraft C. 14 C.F.R. § § 91.9(c), 45.23(b) and 45.27(a): AircraftMarking and Identification Requirements D. 14 C.F.R. § 91.9(b)(2): Civil AircraftFlightManual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness F. 14 C.F.R. § 91.103: Preflight Action G. 14 C.F.R. § 91.109(a): Flight Instruction H. 14 C.F.R. § 91.119: Minimum Safe Altitudes I. 14 C.F.R. § 91.121: Altimeter Settings 

### J. 14 C.F.R. 

### § 91.151(a): FuelRequirements for Flight in VFRConditions K. 14 C.F.R. 

### § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): MaintenanceInspections L. 14 C.F.R. § 61.113 VI. Drug and Alcohol Program VII. Public Interest VIII. Privacy IX. FederalRegister Summary X. Conclusion

I. DESCRIPTION OF PETITIONER Petitioner is wholly-owned by Frank R. Galella, III, a U.S citizen, who is also the sole owner ofFRG III, Inc. d/b/a "Lincoln Park Aviation" ("LPA"). LPA is a leading FAA Repair Station (LKPRI01K) for many types and manufacturers ofgeneral aviation aircraft. LPA employs several Airframe and Powerplanttechnicians ("A&Ps"), Inspection Authorization personnel (I.As) and FAA certified flight instructors ("CFis"). Petitioner has vast experience with airframe, propulsion, avionics and composites and virtually all complex systems installed on modern-day general aviation aircraft. This broadknowledge ofworking with certified aircraft for many years has major benefits that carry over into the UAS sector ofourbusiness and gives Petitioner a distinct advantage. Petitioner has beenbuilding, servicing and flying UASs for the last five years. Itdetailed knowledge ofUAS systems and components, which has resulted in flight experiences totaling hundreds ofhours without incident.

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Petitioner seeks an exemption to use UASs to conduct research and development ("R&D") into new and innovative ways to operate and maintain UASs for commercial purposes and in furtherance ofpublic safety withinthe National Airspace ("NAS") system. Exemption is further soughtto enable Petitionerto offer services to real estate brokers and developers, the construction industry, utilities, first responders, film production companies, and any related entities that canutilize the safe and convenient operation ofUAS type aircraft where the use of typical certified aircraft is notpossible or the cost is prohibitive. In addition, Petitioner will proactively encourage UAS capability and safety demonstrations to the general public and local government agencies in an effortto collectively convince these organizations that the operation ofUASs is safe, controlled and in the public interest. Petitionerhas assembled a UAS team, including an array ofexperienced aviation professionals, to cover all ofthe skill sets necessary to offer safe and effective UAS services. In addition, Petitioner's employees already have significant experience inthe maintenance and operation ofcivil general aviation aircraftthat will equip them to deal effectively with issues arising in connection withthe safe use ofUASs and planning for both normal operations and contingencies that might affect flight safety. The model UAS that Petitioner intends to use within the scope ofthe requested exemptions is the DJI S1 OOO+Premium but Petitioner may not exclusively use this model UAS. But in all cases, the UAS vehicle will weigh 55 pounds or less. The contact information for Petitioner is as follows: Next Generation Aviation Services L.L.C. c/o LincolnParkAviation 425 BeaverbrookRoad Lincoln Park, NJ 07035 Attn.: Frank Galella Tel+1 973-633-0450 Email frankg@lpaviation.com II. TYPES OF OPERATIONS A. Request to Use UASs for R&D at Test Site controlled 

### by Petitioner Petitioner is requesting exemptions pursuantto Section 333 to conductresearch and development at Petitioner's facilities which are depicted inthe Operations Manual. The testing facilities are not opento the public and access will be restricted to Petitioner and its corporate affiliates' employees and/or consultants engaged in R&D or R&D-related work. UAS testing will occur outside navigable airspace at altitudes of400 feet AGL or less, daytime VFR operation only in visual line ofsite ("VLOS"). The test sites will enable Petitionerto evaluate how the

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UAS vehicles will operate and capture images over various types ofbuildings and in various conditions. The test areas will also be used for maintenance evaluation and pilottraining purposes. Petitioner's R&D efforts are focused on meeting the needs ofits ownresearch and development efforts inthe area ofUAS operations and maintenance, training for intended UAS owners and operators, real estate and land photography for local and regional customers, to assist local and regional first responders as they may deem appropriate and to enhance public awareness ofthe utility and safe operation ofUAS vehicles for commercial purposes. B. Requestto Use UAS vehicles (1) for research and development, (2) for training, (3) for photography to assist RealEstate and Construction firms, (4) to assist FirstResponders and (5) to enhance public awareness ofthe utility ofUASs. Petitionerrequests permissionto operate UAS vehicles for the purpose ofconducting research and development in connection with the manufacture, operation and maintenance of UASs, for training ofits ownpersonnel inthe areas ofUAS operations and maintenance, for training for intendedUAS owners and operators, for real estate and land photography for local and regional customers and to assist local and regional first responders as they may deem appropriate. Petitioner also intends to enhance public awareness ofthe utility and safe operation ofUAS vehicles for commercial purposes and, in furtherance ofthis objective, Petitioner requests permission to allow its operation ofUAS vehicles for the purposes stated above to be open to the public, includingparticipation in local FAA or Government seminars and demonstrations relating to the safe and effective operation ofUAS vehicles. As part ofthis effort, Petitioner is also willing to partner with appropriate federal, state, and local governments and first responders to ensure full cooperation and coordination withtheir needs to the extent Petitioner's UAS services may be useful to them. This will include information sharing that can further assist first responders. As setforth inthe attached Operations Manual, flights by Petitioner will be conducted under a strict set ofguidelines. UAS vehicles will be flown only over Petitioner's property or over property where permissionhas been obtained from the owner. Strict safety measures will be in place to ensure thatthere is limitedto no riskto members ofthe public who are not involved in the operation. III. RELEVANT STATUTORYAUTHORITY This petition for exemption is submitted in accordance with Section 333(a) through (c) of the FAA Modernization and Reform Act of2012. Congress has directed the FAA "to safely accelerate the integration ofcivil unmanned aircraft systems into the national airspace system."

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Pursuantto Section 333 ofthe Reform Act, the FAAAdministrator is to permit unmanned aircraft systems to operate in the NAS where it is safe to do so based upon the following considerations:

• The UAS vehicle's size, weight, speed and operational capability;

• Operation ofthe UAS in close proximity to airports and populated areas; and

• Operation ofthe UAS withinthe visual line ofsight ofthe operator. 1 Additionally, the FAA Administratorhas general authority to grant exemptions from the agency's safety regulations and minimum standards whenthe Administrator decides that a requested exemption is inthe public's interest. See 49 U.S.C. § 106(±) (defining the authority of the Administrator); 49 U. S.C.§ 44701(±) (permitting exemptions from§§ 44701(a), (b) and§§ 44702-44716, etseq.). A party requesting an exemptionmust explainthe reasons whythe exemption: (1) wouldbenefitthe public as a whole, and (2) would not adversely affect safety (or how it wouldprovide a level ofsafety at least equal to the existing rules. See 14 C.P.R. § 11.81 (petitions for exemption). 

### IV. PETITIONER'S PROPOSED OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT The proposed operations in this Petition for Exemption qualify for expedited approval under Section 333 ofthe Reform Act. Eachofthe statutory criteria and otherrelevant factors are satisfied. 

### A. Approval is Warranted Based on the UAS's Size, Weight and Operational Capability Petitionerwill employtheUAS vehicles identified in Section2 ofthe accompanying Operations Manual. These UAS vehicles will be used for all ofthe operations as setforth in the Operations Manual, each ofwhichhas characteristics in commonthat warrant approval. All ofthe UAS vehicles will belimitedto a maximum flight speed of40 m.p.h. vertical ascent speed of 15 m.p.h, and a maximumweight offifty (50) pounds. Each ofthe UAS vehicles has an integrated GPS system to calculate its position andheight and to relaythat informationvia a secure connection to the operator. In addition, eachUAS contains a failsafe modethatwill guide the UAS ifits connectionto the remote controller is lost. The system permits the vehicle to return to a predetermined location and land in orderto prevent injury orproperty damage.

1 Section 333(b)(l) ofthe Reform Act

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B. Approval is Warranted Based on the Operational Restrictions Set Forth in the Operations Manual Petitioner's Operations Manual and the manufacturers' maintenance and flight manuals contain all ofthe procedures and limitations necessaryto successfullyperformR&D. To assistthe FAA in its safety assessment ofPetitioner's operations, the operational limitations and conditions, listedbelow, will be adhered to. This will ensure alevel ofsafety equal to or exceedingthe level of safety for operations conducted under currentregulatory guidelines: 1. The UAS vehicles employed by Petitioner will weigh fifty (50) pounds or less. 2. Flights will be operated within line ofsight ofa pilot and an observer. 3. Maximumtotal flight time for each operational flight will be limited to the amount oftimethe UAS canbe flown and still maintain a reserve battery power ofno less than 25%. 4. Flights will be operated at an altitude ofno more than 400 feet AGL and will not be conducted within navigable airspace. Flightwill be conducted only in VLOS during daylight hours and in VFR conditions. 5. Flights will be operated at a lateral distance ofno less than 100 feet from any persons orproperty not associated withthe operation who have not given prior permissionfor more proximate operation. 6. Flights will be limited to a speed of50 m.p.h. and vertical ascent of 15 m.p.h. 7. Minimum crew for each operation will consist ofthe UAS pilot-in-command ("PIC"), one or more visual observers, as necessary to safely conductthe mission, and a sensor operator, ifthe sensor requires human direction or control. 8. The PIC will have at least a private pilot's license and current Class III medical certificate and will have sufficient experience and recurrent training to safely conductthe flight in accordance with the standards set forth in the Operations Manual. 9. The observer designated for any operation will be in constant voice contact with the PIC. 10. UAS vehicles will operate in accordance withthe safety and operational requirements oftheirrespective Manuals.

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11. Prior to the operation, a missionplan will beprepared setting forth the limitations for the flight as well as contact and hazard information. 12. A Notice to Airmen ("NOT AM") will be issued notmore than 72 hours in advance offlight, but not less than 48 hours before flight. 13. A Certificate ofAuthorization will be obtainedpriorto flight. 14. All requiredpermissions and permits will be obtained from territorial, state, county or cityjurisdictions, including local law enforcement, fire or other appropriate governmental agencies. 15. The operatorwill coordinate all flights withthe appropriate Flight Standards District Office. 16. Ifa UAS loses communications or GPS guidance, it will have the capability to return to a pre-determined location within the operational area and land. 17. Contingency plans will be in place to safely terminate flight ifthere is a loss of communicationbetweenthe PIC and the observer(s). 

### V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED The Federal AviationActexpressly grants the FAAthe authority to issue exemptions. This statutory authority, byits terms, includes exempting civil aircraft, as the term is defined under§ 40101 ofthe Act, including UASs, from its safety regulations and minimum standards whenthe Administrator decides that a requested exemption is inthe public interest.2 Petitioner seeks an exemptionfrom several interrelatedprovisions of 14 C.F.R. Parts 21, 45, 61 and 91 for purposes ofconducting the requested operations using a UAS. Listed beloware (1) the specific sections of 14 C.F.R. for which exemption is sought, and (2) the operating procedures and safeguards that Petitionerhas established which will ensure a level ofsafety betterthan or equal to the rules from which exemption is sought.3

2See 49 U.S.C. § 44701(f)(authorizing the grant ofexemptions from requirements ofregulations prescribedpursuant to Sections 44701(a) and (b) and Sections 44702- 44716).

3See 14 C.F.R. § 11.81€,which requires a petition for exemption to include: "the reasons why granting the exemptionwould not adversely affect safety, orhowthe exemptionwould provide a level ofsafety atleast equal to thatprovided bythe rule from which you seek exemption."

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A. 14 C.F.R. Part 21, Subpart H- Airworthiness Certificates and 14 C.F.R. §91.203(a)(1) The FAAhas stated that no exemption is needed from this section ifa finding is made under the Reform Actthat the UAS selectedprovides an equivalent level ofsafety when comparedto aircraft normally used for the same application. These criteria are met, and therefore no exemption is needed. See Grant ofExemptionto Astraeus Aerial, DocketNo. FAA-2014- 0352 at 13-14,22. If, however, the FAA determines that there are some characteristics ofthe chosen UAS that fail to meet the requirements ofthe Reform Act, an exemption is requested. EquivalentLevel ofSafety The UASs identified in Section 2 ofthe Operations Manual are safe when taking into account their size, weight, speed, and operational capability. As set forth in Section II, supra, each ofthe UASs weighs less than 50 pounds and will be flown at less than 40 miles perhour and completely outside controlled airspace. Additionally, the UASs carry neither pilots nor passengers, carry no explosive materials and or flammable liquid fuels, and operate exclusively within the parameters stated inthe Operations Manual. Operations under this exemptionwill be closely controlled and monitored by the operator and will be conducted in compliance with local public safety requirements, to provide security for the area ofoperation. Petitionerwill also provide the FAA with advance notice ofall operations viaNOTAMS and coordinationwith the local FSDO. In all cases, the UASs operated under the proposed conditions, will be at least as safe as, or safer than conventional rotorcraft operating with an airworthiness certificate without the restrictions and conditions ofthe proposed UAS operations. The aircrafts themselves do notneed a means to communicate with other aircraft or ATC, because those capabilities will be possessed by the PIC and observer(s) who are not onboard. See Grant ofExemption, Docket FAA-2014-0352 at 13. In addition, no" sense and avoid" technology is necessary onthe UAS because it will be operated at all times by visual lineof-sight. 

### Id. B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft 14 C.P.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal categoryrotorcraft. To the extentthe Petitioner's UAS vehicles would otherwise require certificationunder Part 27, Petitioner seeks an exemptionfrom Part 27's airworthiness standards for the same reasons identified inthe request for exemption from 14 C.P.R. Part 21, Subpart H, supra.

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C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements Petitioner seeks an exemption from the aircraft marking and identificationrequirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

• 14 C.F.R. § 91.9(c) (Civil Aircraft Flight Manual, Marking and Placard requirements), provides that: No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in accordance with Part 45 ofthis chapter.

• 14 C.F.R. § 45.23(b) (Markings oftheAircraft), states: Whenmarks include only the Roman capital letter "N" andthe registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display onthat aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport, "experimental," or "provisional," as applicable.

• 14 C.F.R. §45.27(a) (Rotorcraft) states: Eachoperator ofa rotorcraft must display on that rotorcrafthorizontally onboth surfaces ofthe cabin, fuselage, boom, ortail the marks required by§ 45.23. In a previous Grant ofExemption, the FAA determined that exemption from these requirements was warrantedprovidedthat the aircraft "have identification (N-Number) markings in accordance with 14 CFRPart45, Subpart C ifthe markings are as large as practicable." FAA DocketNo. FAA-2014-0352. Equivalent Level ofSafety Petitioner will mark all aircraft withtheirN-Number in a prominent spot onthe fuselage with markings that are as large as practicable. D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration Pursuantto 14 C.F.R. § 91.9(b)(2): (b) No personmay operate a U.S.-registered civil aircraft-

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(2) For which an Airplane or Rotorcraft FlightManual is required by§ 21.5 ofthis chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft FlightManual, approved manual material, markings, and placards, or any combinationthereof. Pursuantto 14 C.F.R. § 91.203(a) and (b): (a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has withinitthe following: (1) An appropriate and current airworthiness certificate

... (b) No person may operate a civil aircraft unless the airworthiness certificate required byparagraph (a) ofthis section or a special flight authorization issued under§ 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. Petitioner does not request an exemption from this sectionbut instead notifies the FAA that, in accordance with FAA Office ofChiefCounsel's Opinion dated August 8, 2014, the UAS flight manual, registration certificate and other documentation will be kept at the control station with the PIC during flight. The ChiefCounsel's Office has held that for all UAS operations, this alternate method constitutes full compliance with the regulations. E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness Petitioner seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required to the extent thatthe requirements ofPart 21 are waived or found inapplicable. Accordingly, Petitionerrequests that the requirements for Section 91.7 be treated in accordance with Section V(A), supra. F. 14 C.F.R. § 91.103: Preflight Action Petitioner seeks an exemption from 14 C.F.R. § 91.103, whichrequires a PIC to become familiar with specific informationbefore each flight, including information contained in the FAA-approved Flight Manual onboard the aircraft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extentthat an FAA-approved Flight manual is required.

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## & CARPENTER, LLP United States Department ofTransportation December 15,2014 Page 11 Equivalent Level ofSafety Anequivalent level ofsafety will be provided by following the Aircraft Operations Manual and flight manual providedby the manufacturer. The PIC will take all required preflight actions, including performing all required checklists and reviewing weather, flight requirements, battery charge, landing and takeoffdistance, aircraft performance data, and contingency landing areas- before initiation offlight. The Operations Manual and manufacturer's flight manual will be kept at the ground station withthe operator at all times. G. 14 C.F.R. § 91.109(a): Flight Instruction Petitioner seeks an exemptionfrom 14 C.P.R.§ 91.109(a), which provides that "[n]o 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." UAS vehicles and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use ofa device that communicates with the aircraft viaradio communications. Equivalent Level ofSafety Given the size and speed ofthe UAS employed by Petitioner, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the UAS, and all persons will be a safe distance away inthe event that the UAS experiences any difficulties during flight instruction. In addition, Petitioner will conduct flight training at its R&D test sites, which locations are shown inthe Operations Manual. These training flights will be conducted in a sterile area and will otherwise comply with the provisions in the Operations Manual for flights at the R&D facility. Accordingly, Petitioner's proposed method ofoperation provides superior levels ofsafety required by the FAA. In addition, all UAS operations will be conducted by an experienced FAA certificated private pilotwith a minimum ofa Class III medical certificate. All UAS pilots employed by Petitioner have hundreds ofincident-free hours piloting UASs vehicles and are proficient in carrying out the duties and responsibilities incorporated inthe Operations Manual. H. 14 C.F.R. § 91.119: Minimum Safe Altitudes Petitionerrequests an exemption from the minimum safe altitude requirements required by 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which an aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure innon-congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for ahelicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons orproperty onthe surface," providedthat "eachperson operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

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EquivalentLevel ofSafety Comparedto flight operations withrotorcraft weighing far morethanthe maximum weights proposedherein, and giventhe lack offlammable fuel, any risk associated withthese operations is far less thanthose that presently exist with conventional aircraft. An equivalent level ofsafety willbe achieved giventhe size, weight, and speed ofthe UAS vehicles, as well as the location where it is operated. In orderto avoid any riskto aircraft, flight operations will be restrictedto 400' AGL orbelow. As setforth inthe OperationManual, the UAS vehicles will be operatedin a restricted area, away from persons or structures notinvolved inthe operation. I. 14 C.F.R. § 91.121: Altimeter Settings Petitioner seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level byreference to an altimeter that is set to the elevation ofthe departure airport or barometric pressure. An exemption is required to the extentthatthe UAS vehicles do not have a barometric altimeter, butrather a GPS altitude read out. Equivalent Level ofSafety Informationrelayed in real time to the operator. See Grant ofExemptionto Astraeus Aerial, DocketNo. FAA-2014-0352. As the attached Operations Manual indicates, the chosen UAS vehicles meet these requirements, and a zero altitude initiationpointwill be obtainedprior to flight. J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Petitionerrequests an exemption from 14 C.P.R.§ 91.151(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states: (a) No personmaybegin 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 afterthat for at least 30 minutes; or (2) Atnight, to fly after that for at least45 minutes. Here, the technological limitations onUAS battery power means that no meaningful flight operations canbe conducted while still maintaining a 30 minute reserve. Petitioner

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proposes that all flights comply withthis requirement bymandating thatthe aircraft with 25% (or less) ofbattery life remaining be safely landed

.. EquivalentLevel ofSafety The FAAhas stated that an equivalent level ofsafety is provided ifthe UAS flight is terminated with at least 25% reserve batterypower still available. See Grant ofExemptionto Astraeus Aerial, DocketNo. FAA-2014-0352. The Operations Manual conforms to this limit, providing an equivalent level ofsafety. K. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections Petitioner seeks an exemption from the maintenance inspectionrequirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards inreference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator ofan aircraft "[s]hall have the aircraft inspected as prescribed in subpartE ofthis part and shall betweenrequired inspections

...have discrepancies repaired as prescribed inpart 43 ofthis chapter"). An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS vehicles will nothave. Equivalent Level ofSafety An equivalent level ofsafety will be achievedbecause maintenance and inspections will beperformed in accordance withthe UAS Manufacturer's Manual, as referenced in the Operations Manual. As provided in the Operations Manual, flights will not be conducted unless a flight operations checklist is performed, which includes a check ofall ofthe aircraft's components. The Operations Manual also sets requirements for maintenance log books and record keeping as well as routine andpost-flightmaintenance. The Manual sets requirements for both annual maintenance and preventative maintenance based onhours offlight. In addition, all UAS vehicles owned and operated by Petitioner will be maintained by FAA certifiedtechnicians and FAARepair Stationpersonnel. The unique capability ofPetitioner using only appropriately rated technicians and pilots for UAS operationbrings with it a level ofproficiency and certainly adds a level ofsafety. L. 14 C.F.R. § 61.113: Private Pilot Privileges And Limitations Petitioner seeks exemption from 14 CFR § 61.113, whichrestricts private pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose ofPart 61 is to ensure thatthe skill and competency ofany PIC matches the airspace in whichthe PIC will be operating, as well as requiring certifications if

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the privatepilot is carrying passengers or cargo for hire. Inthis case, while the UAS vehicles will be operated as part ofa commercial operation, it carries neither passengers nor cargo. In the Grant ofExemption in FAA DocketNo. FAA-2014-0352, the FAA determined that the unique characteristics ofUAS operation outside ofcontrolled airspace did not warrant the addition cost and restrictions attendant with requiring a PIC to have a commercial pilot certificate and class II medical certificate. The restrictions Petitionerhas placed on its UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial in FAA DocketNo. FAA-2014-0352. Petitioner will operate in a sterile area away from persons and property not involved inthe operation. Itwill be flown based onVLOS at 400' AGL or below. A NOT AM will be issued between 48 and 72 hours before the flight is to occur, and the flight will be coordinated withthe applicable Flight Standards District Office. 

### Equivalent Level ofSafety In additionto these flight restrictions, Petitioner will further ensure safe operationby requiring that any PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft operators, but also inthe unique aspects ofUAS flight. Each PIC will also be required to conducttraining flights at Petitioner's R&D facilities to obtain flight experience with UAS generally and with the specific models used for commercial operations in particular. Petitionerbelieves that this system will provide a higher level ofcompetency and proficiency for its PICs. Petitioner's PICs will have at least an FAA Private Pilot license with at least a Class III medical certificate. Furthermore, All Petitioner's PICs will have a minimum of 100 hours intype ofUAS used and 25 hours in specific make and model ofUAS. 

### VI. DRUG AND ALCOHOL PROGRAM Petitionerhas policies inplace to ensure that no personmay act as a PIC, observer, or sensor operator ifthey are underthe influence ofalcohol or any drug.



### VII. PUBLIC INTEREST Granting Petitioner's exemptionrequest furthers the public interest. National policy set by Congress favors early integration ofUAS into the NAS in controlled, safe working environments such as those proposed in this petition. In addition, the public also has an interest inreducing the hazards and emissions associated with alternate use ofhelicopters to conduct similar inspection operations. The UAS proposed for the exemptions are very light, with a twenty-four pound (24lb) maximum gross weight. They do not carry any flammable liquid fuel, further reducing the risk from any potential accident.

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## & CARPENTER, LLP United States Department ofTransportation December 15, 2014 Page 15 Additionally, Petitioner has the knowledge and expertise to safely and effectively survey, photograph and evaluate certainreal estate, construction sites and public utility equipment wherebytypical largermanned aircraft maybe a hindrance to the public, noisy and not accessible. Petitionerwill have the capabilityto effectively dispatch in minutes a UAS that in most cases will go unnoticedbythe general public, fall well belowthe typical noise signature of manned aircraft withoutthe use oftraditional petroleumbased fuels. Petitioner also encourages demonstrations and seminars relating to safe and effective UAS operation. Petitioner is willing to donate its time to assist the FAA or any other government or public agency that wishes to educate the general public onthe integration ofUASs inNAS. Finally, by coordinating and teaming with federal, state and local governments after a disaster, Petitioner canprovide valuable information to first responders and governmentthat can help coordinate the response thatmay not be obtainable with traditional manned aircraft. 

### VIII. PRIVACY All flights will be conducted in accordance with any federal, state or local laws regarding pnvacy. 

### IX. FEDERAL REGISTER SUMMARY Pursuantto 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined thatpublicationis needed: Petitioner seeks an exemption from the following rules: 14 CPRPart 21, Subpart H; 14 CPRPart 27; 14 CPR45.23(b); 14 CPR§ 61.113; 14 CPR 91.7(a); 14 CPR91.9(b)(2); 14 CPR 91.103; 14 CPR 91.109(a); 14 CPR 91.119; 14 CPR 91.121; 14 CPR 91.151(a); 14 CPR 91.203 (a) & (b); 14 CPR 91.405(a); 14 CPR 91.407(a)(l); 14 CPR 91.409(a)(2); 14 CPR 91.417 (a) & (b). The exemption will enhance safety by reducing risk to the general public and property owners from the substantial hazards associated withperforming equivalent work with conventional aircraft and rotorcraft. 

### X. CONCLUSION Satisfaction ofthe criteriaprovided in Section 333 ofthe Reform Act of2012-size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line ofsight, and national security

- provides more than adequatejustificationfor the grant ofthe requested exemptions to permit Petitionerto operate the selected UAS vehicles and provide R&D, photography for real estate and construction businesses and public utilities and

### MCELROY, DEUTSCH, MULVANEY 

## & CARPENTER, LLP United States Department ofTransportation December 15,2014 Page 16

also to participate inlocal FAA or Government seminars and demonstrations relating to the safe and effective operation ofUASs. Granting the requested exemptionwill benefitthe public interest as a whole in many ways, including (1) significantly improving safety and reducing risk by alleviating human exposure to danger, and (2) improving the quality ofservices and decreasing operating costs compared withconventional flight operations. Ifyouhave any questions orrequire any additional information, please do not hesitate to call.

Attachments: McELROY DEUTSCH MULVANEY & CARPENTER, LLP

# ~· Partner

1. Petitioner's General Operations and SafetyManual 2. Pilots Operating Guide and Maintenance Supplements 3. Supplements: A. Spreading Wings S1000+User Manual Vl.O B. Zenmuse Z15-GH4 (HD) User Manual Vl.O C. A2 Flight Control System Usermanual Vl.O D. HITEC X4 Four Channel Multi Changer Instruction Manual E. 2.4G BluetoothDatalink & iPad Ground Station User Guide V1.12

The above are submitted as Confidential Documents under 14 C.F.R. § 11.35(b) and exempt from disclosure under the Freedom ofInformation Act, 5 U.S.C. § 552 

### etseq., and any other requirements established by the FAA pursuant to Section 333 ofthe Reform Act