MCELROY, DEUTSCH, MULVANEY & CARPENTER, LLP 

ALBERT J. PUCCIARELLI 

Direct dial: (201) 493-3718 

apucciarelli@mdmc-law.com 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey 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. 

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i''·. 

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("Petitioner") for an Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 

Ladies and Gentlemen: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the 

"Reform Act") and 14 C.P.R. Part 11, Petitioner, hereby applies for an exemption from the 

Federal Aviation Regulations ("F ARs") 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 of the 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 of Information Act, 5 U.S.C. § 552 et seq., and any other requirements established by 

the FAA pursuant to Section 333 ofthe FAA Reform Act. 

For your convenience, the petition is organized as follows: 

I. Description of Petitioner 

II. Types of Operations 

A. Request to Use UASs for R&D at Test Sites Controlled by Petitioner 

B. Request to Use UASs for photography utilized in the operation of First 

Responders, for use by Real Estate and Construction firms and to enhance 

public awareness of the utility of UASs. 

III. Relevant Statutory Authority 

NEW JERSEY NEW YORK PENNSYLVANIA CONNECTICUT MASSACHUSETTS COLORADO DELAWARE 
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IV. Petitioner's Proposed UAS Operations Meet the Requirements of Section 333 of the 

Reform Act 

V. Regulations From Which Exemption is Requested 

A. 14 C.F.R. Part 21, Subpart H- Airworthiness Certificates and 14 C.F.R. § 

91.203 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft 

C. 14 C.F.R. § § 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and 

Identification Requirements 

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 

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): Fuel Requirements for Flight in VFR Conditions 

K. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b): 

Maintenance Inspections 

L. 14 C.F.R. § 61.113 

VI. Drug and Alcohol Program 

VII. Public Interest 

VIII. Privacy 

IX. Federal Register 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 of FRG III, Inc. d/b/a "Lincoln Park Aviation" ("LP A"). LP A is a leading FAA Repair 

Station (LKPRI 01 K) for many types and manufacturers of general aviation aircraft. LP A 

employs several Airframe and Powerplant technicians ("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 broad knowledge of working with certified aircraft 

for many years has major benefits that carry over into the UAS sector of our business and gives 

Petitioner a distinct advantage. 

Petitioner has been building, servicing and flying UASs for the last five years. It detailed 

knowledge ofUAS systems and components, which has resulted in flight experiences totaling 

hundreds of hours 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 of public safety within the National Airspace ("NAS") system. Exemption is 

further sought to enable Petitioner to offer services to real estate brokers and developers, the 

construction industry, utilities, first responders, film production companies, and any related 

entities that can utilize the safe and convenient operation ofUAS type aircraft where the use of 

typical certified aircraft is not possible 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 effort to collectively convince these organizations that the operation 

ofUASs is safe, controlled and in the public interest. 

Petitioner has assembled a UAS team, including an array of experienced aviation 

professionals, to cover all of the skill sets necessary to offer safe and effective UAS services. In 

addition, Petitioner's employees already have significant experience in the maintenance and 

operation of civil general aviation aircraft that will equip them to deal effectively with issues 

arising in connection with the 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 of the requested 

exemptions is the DJI S 1 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 Lincoln Park Aviation 

425 Beaverbrook Road 

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 pursuant to Section 333 to conduct research and 

development at Petitioner's facilities which are depicted in the Operations Manual. The testing 

facilities are not open to 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 of 400 feet AGL or less, daytime VFR operation 

only in visual line of site ("VLOS"). The test sites will enable Petitioner to evaluate how the 
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UAS vehicles will operate and capture images over various types of buildings and in various 

conditions. 

The test areas will also be used for maintenance evaluation and pilot training purposes. 

Petitioner's R&D efforts are focused on meeting the needs of its own research and development 

efforts in the 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 of the 

utility and safe operation of UAS vehicles for commercial purposes. 

B. Request to Use UAS vehicles (1) for research and development, (2) for 

training, (3) for photography to assist Real Estate and Construction firms, 

( 4) to assist First Responders and (5) to enhance public awareness of the 

utility of UASs. 

Petitioner requests permission to operate UAS vehicles for the purpose of conducting 

research and development in connection with the manufacture, operation and maintenance of 

UASs, for training of its own personnel in the areas ofUAS operations and maintenance, for 

training for intended UAS 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 of the utility and safe operation 

ofUAS vehicles for commercial purposes and, in furtherance of this objective, Petitioner 

requests permission to allow its operation ofUAS vehicles for the purposes stated above to be 

open to the public, including participation in local FAA or Government seminars and 

demonstrations relating to the safe and effective operation ofUAS vehicles. 

As part of this effort, Petitioner is also willing to partner with appropriate federal, state, 

and local governments and first responders to ensure full cooperation and coordination with their 

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 set forth in the attached Operations Manual, flights by Petitioner will be conducted 

under a strict set of guidelines. UAS vehicles will be flown only over Petitioner's property or over 

property where permission has been obtained from the owner. Strict safety measures will be in 

place to ensure that there is limited to no risk to members of the public who are not involved in 

the operation. 

III. RELEVANT STATUTORY AUTHORITY 

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 of civil unmanned aircraft systems into the national airspace system." 
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Pursuant to Section 333 ofthe Reform Act, the FAA Administrator 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 of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within the visual line of sight of the operator. 1 

Additionally, the FAA Administrator has general authority to grant exemptions from the 

agency's safety regulations and minimum standards when the Administrator decides that a 

requested exemption is in the 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, et seq.). A party requesting an exemption must explain the reasons why the 

exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or 

how it would provide a level of safety 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 of the Reform Act. Each of the statutory criteria and other relevant factors are satisfied. 

A. Approval is Warranted Based on the UAS's Size, Weight and Operational 

Capability 

Petitioner will employ the UAS vehicles identified in Section 2 of the accompanying 

Operations Manual. These UAS vehicles will be used for all of the operations as set forth in the 

Operations Manual, each of which has characteristics in common that warrant approval. All of the 

UAS vehicles will be limited to a maximum flight speed of 40 m.p.h. vertical ascent speed of 15 

m.p.h, and a maximum weight of fifty (50) pounds. Each of the UAS vehicles has an integrated 

GPS system to calculate its position and height and to relay that information via a secure connection 

to the operator. In addition, each UAS contains a failsafe mode that will guide the UAS if its 

connection to the remote controller is lost. The system permits the vehicle to return to a 

predetermined location and land in order to prevent injury or property damage. 

1 Section 333(b)(l) of the 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 of the procedures and limitations necessary to successfully perform R&D. To assist the 

FAA in its safety assessment of Petitioner's operations, the operational limitations and conditions, 

listed below, will be adhered to. This will ensure a level of safety equal to or exceeding the level of 

safety for operations conducted under current regulatory guidelines: 

1. The UAS vehicles employed by Petitioner will weigh fifty (50) pounds or less. 

2. Flights will be operated within line of sight of a pilot and an observer. 

3. Maximum total flight time for each operational flight will be limited to the 

amount oftime the UAS can be flown and still maintain a reserve battery power 

of no less than 25%. 

4. Flights will be operated at an altitude of no more than 400 feet AGL and will not 

be conducted within navigable airspace. Flight will be conducted only in VLOS 

during daylight hours and in VFR conditions. 

5. Flights will be operated at a lateral distance of no less than 1 00 feet from any 

persons or property not associated with the operation who have not given prior 

permission for more proximate operation. 

6. Flights will be limited to a speed of 50 m.p.h. and vertical ascent of 15 m.p.h. 

7. Minimum crew for each operation will consist of the UAS pilot-in-command 

("PIC"), one or more visual observers, as necessary to safely conduct the mission, 

and a sensor operator, if the 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 

conduct the 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 with the safety and operational 

requirements of their respective Manuals. 
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11. Prior to the operation, a mission plan will be prepared setting forth the limitations 

for the flight as well as contact and hazard information. 

12. A Notice to Airmen ("NOT AM") will be issued not more than 72 hours in 

advance of flight, but not less than 48 hours before flight. 

13. A Certificate of Authorization will be obtained prior to flight. 

14. All required permissions and permits will be obtained from territorial, state, 

county or city jurisdictions, including local law enforcement, fire or other 

appropriate governmental agencies. 

15. The operator will coordinate all flights with the appropriate Flight Standards 

District Office. 

16. If a 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 if there is a loss of 

communication between the PIC and the observer(s). 

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED 

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

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

under§ 40101 ofthe Act, including UASs, from its safety regulations and minimum standards 

when the Administrator decides that a requested exemption is in the public interest.2 

Petitioner seeks an exemption from several interrelated provisions of 14 C.F .R. Parts 21, 

45, 61 and 91 for purposes of conducting the requested operations using a UAS. Listed below are 

(1) the specific sections of 14 C.F.R. for which exemption is sought, and (2) the operating 

procedures and safeguards that Petitioner has established which will ensure a level of safety 

better than or equal to the rules from which exemption is sought. 3 

2 See 49 U.S.C. § 44701(f)(authorizing the grant of exemptions from requirements ofregulations 

prescribed pursuant to Sections 44701(a) and (b) and Sections 44702- 44716). 

3 See 14 C.F.R. § 11.81€, which requires a petition for exemption to include: "the reasons why 

granting the exemption would not adversely affect safety, or how the exemption would provide a 

level of safety at least equal to that provided by the 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 FAA has stated that no exemption is needed from this section if a finding is made 

under the Reform Act that the UAS selected provides an equivalent level of safety when 

compared to aircraft normally used for the same application. These criteria are met, and therefore 

no exemption is needed. See Grant ofExemption to Astraeus Aerial, Docket No. 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 of the Reform Act, an exemption is requested. 

Equivalent Level of Safety 

The UASs identified in Section 2 of the Operations Manual are safe when taking into 

account their size, weight, speed, and operational capability. As set forth in Section II, supra, 

each of the UASs weighs less than 50 pounds and will be flown at less than 40 miles per hour 

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 in the Operations Manual. 

Operations under this exemption will 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 of operation. Petitioner will also provide the FAA with advance notice of all 

operations via NOTAMS and coordination with 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 of the proposed 

UAS operations. 

The aircrafts themselves do not need 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 of Exemption, Docket FAA-2014-0352 at 13. In addition, no" sense and 

avoid" technology is necessary on the 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 category rotorcraft. To the extent the Petitioner's UAS vehicles would otherwise require 

certification under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards 

for the same reasons identified in the 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 identification requirements 

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 of this chapter. 

• 14 C.F.R. § 45.23(b) (Markings ofthe Aircraft), states: 

When marks include only the Roman capital letter "N" and the registration number 

is displayed on limited, restricted or light-sport category aircraft or experimental or 

provisionally certificated aircraft, the operator must also display on that 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: 

Each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by§ 45.23. 

In a previous Grant of Exemption, the FAA determined that exemption from these 

requirements was warranted provided that the aircraft "have identification (N-Number) markings 

in accordance with 14 CFR Part 45, Subpart C if the markings are as large as practicable." FAA 

Docket No. FAA-2014-0352. 

Equivalent Level of Safety 

Petitioner will mark all aircraft with their N-Number in a prominent spot on the 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 

Pursuant to 14 C.F.R. § 91.9(b)(2): 

(b) No person may operate a U.S.-registered civil aircraft-
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(2) For which an Airplane or Rotorcraft Flight Manual is required by§ 21.5 of this 

chapter, unless there is available in the aircraft a current approved Airplane or 

Rotorcraft Flight Manual, approved manual material, markings, and placards, or 

any combination thereof. 

Pursuant to 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 within it the following: 

(1) An appropriate and current airworthiness certificate ... 

(b) No person may operate a civil aircraft unless the airworthiness certificate required 

by paragraph (a) of this 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 section but instead notifies the FAA 

that, in accordance with FAA Office of Chief Counsel'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 Chief Counsel'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 that the requirements of Part 21 are waived or found inapplicable. 

Accordingly, Petitioner requests 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, which requires a PIC to become 

familiar with specific information before each flight, including information contained in the 

FAA-approved Flight Manual on board the aircraft. While the PIC will be familiar with all 

information necessary to safely conduct the flight, an exemption is requested to the extent that an 

FAA-approved Flight manual is required. 
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Equivalent Level of Safety 

An equivalent level of safety will be provided by following the Aircraft Operations 

Manual and flight manual provided by the manufacturer. The PIC will take all required preflight 

actions, including performing all required checklists and reviewing weather, flight requirements, 

battery charge, landing and takeoff distance, aircraft performance data, and contingency landing 

areas- before initiation of flight. The Operations Manual and manufacturer's flight manual will 

be kept at the ground station with the operator at all times. 

G. 14 C.F.R. § 91.109(a): Flight Instruction 

Petitioner seeks an exemption from 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 of a device that communicates with the aircraft via radio 

communications. 

Equivalent Level of Safety 

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 in the 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 in the 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 of operation provides superior levels of safety required by the FAA. In 

addition, all UAS operations will be conducted by an experienced FAA certificated private 

pilot with a minimum of a Class III medical certificate. All UAS pilots employed by Petitioner 

have hundreds of incident-free hours piloting UASs vehicles and are proficient in carrying out 

the duties and responsibilities incorporated in the Operations Manual. 

H. 14 C.F.R. § 91.119: Minimum Safe Altitudes 

Petitioner requests 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 in non-congested areas. See 14 C.F .R. § 91.119( c). Section 91.119( d) allows 

for a helicopter to operate at less than those minimum altitudes when it can be operated "without 

hazard to persons or property on the surface," provided that "each person operating the helicopter 

complies with any routes or altitudes specifically prescribed for helicopters by the FAA." 
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Equivalent Level of Safety 

Compared to flight operations with rotorcraft weighing far more than the maximum 

weights proposed herein, and given the lack of flammable fuel, any risk associated with these 

operations is far less than those that presently exist with conventional aircraft. An equivalent level 

of safety will be achieved given the size, weight, and speed of the UAS vehicles, as well as the 

location where it is operated. In order to avoid any risk to aircraft, flight operations will be 

restricted to 400' AGL or below. As set forth in the Operation Manual, the UAS vehicles will be 

operated in a restricted area, away from persons or structures not involved in the 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 by reference to an altimeter that 

is set to the elevation of the departure airport or barometric pressure. An exemption is required 

to the extent that the UAS vehicles do not have a barometric altimeter, but rather a GPS altitude 

read out. 

Equivalent Level of Safety 

Information relayed in real time to the operator. See Grant of Exemption to Astraeus 

Aerial, Docket No. FAA-2014-0352. As the attached Operations Manual indicates, the chosen 

UAS vehicles meet these requirements, and a zero altitude initiation point will be obtained prior 

to flight. 

J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Petitioner requests an exemption from 14 C.P.R.§ 91.151(a)'s fuel requirements for flight 

in VFR conditions. Section 91.151 states: 

(a) No person may begin 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. 

Here, the technological limitations on UAS battery power means that no meaningful 

flight operations can be conducted while still maintaining a 30 minute reserve. Petitioner 
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proposes that all flights comply with this requirement by mandating that the aircraft with 25% 

(or less) ofbattery life remaining be safely landed .. 

Equivalent Level of Safety 

The FAA has stated that an equivalent level of safety is provided if the UAS flight is 

terminated with at least 25% reserve battery power still available. See Grant of Exemption to 

Astraeus Aerial, Docket No. FAA-2014-0352. The Operations Manual conforms to this limit, 

providing an equivalent level of safety. 

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 inspection requirements 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 in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 

91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections ... have discrepancies 

repaired as prescribed in part 43 of this 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 not have. 

Equivalent Level of Safety 

An equivalent level of safety will be achieved because maintenance and inspections will 

be performed in accordance with the 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 of all of the aircraft's 

components. The Operations Manual also sets requirements for maintenance log books and 

record keeping as well as routine and post-flight maintenance. The Manual sets requirements for 

both annual maintenance and preventative maintenance based on hours of flight. In addition, all 

UAS vehicles owned and operated by Petitioner will be maintained by FAA certified technicians 

and FAA Repair Station personnel. The unique capability of Petitioner using only appropriately 

rated technicians and pilots for UAS operation brings with it a level of proficiency and certainly 

adds a level of safety. 

L. 14 C.F.R. § 61.113: Private Pilot Privileges And Limitations 

Petitioner seeks exemption from 14 CFR § 61.113, which restricts private pilot 

certificate holders from flying aircraft for compensation or hire, and would also require a second 

class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any 

PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if 
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the private pilot is carrying passengers or cargo for hire. In this case, while the UAS vehicles will 

be operated as part of a commercial operation, it carries neither passengers nor cargo. In the 

Grant of Exemption in FAA Docket No. FAA-2014-0352, the FAA determined that the unique 

characteristics ofUAS operation outside of controlled 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 Petitioner has placed on its UAS operations meet or exceed the 

restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA-2014-0352. 

Petitioner will operate in a sterile area away from persons and property not involved in the 

operation. It will be flown based on VLOS 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 with the 

applicable Flight Standards District Office. 

Equivalent Level of Safety 

In addition to these flight restrictions, Petitioner will further ensure safe operation by 

requiring that any PIC be thoroughly versed not only in airspace and communication issues 

pertaining to all aircraft operators, but also in the unique aspects ofUAS flight. Each PIC will 

also be required to conduct training 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. Petitioner believes that this system will provide a higher level of competency 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 in type ofUAS used and 25 hours in specific make and model ofUAS. 

VI. DRUG AND ALCOHOL PROGRAM 

Petitioner has policies in place to ensure that no person may act as a PIC, observer, or 

sensor operator if they are under the influence of alcohol or any drug. 

VII. PUBLIC INTEREST 

Granting Petitioner's exemption request 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 in reducing the 

hazards and emissions associated with alternate use of helicopters 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. 
MCELROY, DEUTSCH, MULVANEY & CARPENTER, LLP 

United States Department of Transportation 

December 15, 2014 

Page 15 

Additionally, Petitioner has the knowledge and expertise to safely and effectively survey, 

photograph and evaluate certain real estate, construction sites and public utility equipment 

whereby typical larger manned aircraft may be a hindrance to the public, noisy and not 

accessible. Petitioner will have the capability to effectively dispatch in minutes a UAS that in 

most cases will go unnoticed by the general public, fall well below the typical noise signature of 

manned aircraft without the use of traditional petroleum based 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 on the integration ofUASs in NAS. 

Finally, by coordinating and teaming with federal, state and local governments after a 

disaster, Petitioner can provide valuable information to first responders and government that can 

help coordinate the response that may 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 

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: 

Petitioner seeks an exemption from the following rules: 

14 CPR Part 21, Subpart H; 14 CPR Part 27; 14 CPR 45.23(b); 14 CPR§ 61.113; 14 

CPR 91.7(a); 14 CPR 91.9(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 with performing equivalent work with 

conventional aircraft and rotorcraft. 

X. CONCLUSION 

Satisfaction of the criteria provided in Section 333 of the Reform Act of2012-size, 

weight, speed, operating capabilities, proximity to airports and populated areas, operation within 

visual line of sight, and national security - provides more than adequate justification for the grant 

of the requested exemptions to permit Petitioner to 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 of Transportation 

December 15,2014 

Page 16 

also to participate in local FAA or Government seminars and demonstrations relating to the safe 

and effective operation ofUASs. 

Granting the requested exemption will benefit the 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 of services and decreasing operating costs 

compared with conventional flight operations. 

If you have any questions or require any additional information, please do not hesitate to 

call. 

Attachments: 

McELROY DEUTSCH MULVANEY & 

CARPENTER, LLP 

~· Partner 

1. Petitioner's General Operations and Safety Manual 

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 User manual Vl.O 

D. HITEC X4 Four Channel Multi Changer Instruction Manual 

E. 2.4G Bluetooth Datalink & 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 of Information Act, 5 U.S.C. § 552 et seq., and 

any other requirements established by the FAA pursuant to Section 333 of the Reform Act