September 11, 2015

Exemption No. 12822 Regulatory Docket No

. FAA

− 20 15

− 2584

Mr. Jonathan Rupprecht Counsel Rupprecht Law P.A. 324 Datura Street West Palm Beach, FL 33401

Dear Mr. Rupprecht :
This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated June 2, 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of IMCO General Construction
, Inc

. ( h ereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial data collection

. See Appendix A for the petition submitted to the FAA des cribing the proposed operations and the regulations that the petitioner seeks an exemption

. The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.
Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2 and DJI Phantom 3

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the aircraft and its operation, the Secretary of Transportation2

has determined that this aircraft meets the conditions of Section 33 3. Therefore, the FAA finds that relief from 14 CFR part 21
, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1 and closed set motion picture and filming

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in ad dition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that

—

• They are similar in all material respects to rel ief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situation you present; and

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, IMCO Gener al Construction
, Inc

. is granted an exemption from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a)
, 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection and closed set motion picture and filming

. This exemption is subject to the conditions and limitations listed below.

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 (part iculate measurement, etc.), or any other gathering of data by instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, IMCO General Construction
, Inc

. is hereafter referred to as the operator.
Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 and DJI Phantom 3 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to ame nd this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming

are permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any de vice other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight op erations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to opera te the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made av ailable to the Administrator upon request. If a discrepancy exists between the conditions and4
limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to t he operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g.
, replacement of a flight critical component, must undergo a functional test flight prior to conducting further oper ations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe f light. The pre

- flight inspection must account for all potential discrepancies, e.g.
, inoperable components, items, or equipment. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating u ntil the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and

a ircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirem ents specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.5

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent w ith 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated

u nder this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During traini ng, proficiency, and experience

- building flights, all persons not essential for fligh t operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations m ust be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/F acility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current FAA

- published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may 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 miles from the PIC.

18. If the UAS loses communications or loses its GPS sign al, the UA must return to a pre

- determined location within the pr ivate or controlled

- access property.

19. The PIC mu st abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering 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 manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.6

22. All aircraft operated in accordance with this exemption must be identified by seria l number, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law e nforcement official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ens ure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonpa rticipating persons ; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or control led

- access property with permission from t he property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions

c ontained on the NTSB Web site: www.ntsb.gov

.7
If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights; b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS; d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming; f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request; g. Signature of exemption holder or representative; and h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder ’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8
This exemption terminates on Septembe r 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

/ s/ John S. Duncan Director, Flight Standards Service

Enclosures

# Rupprecht Law P. A.

324 Datura Street, Suite 200 | West Palm Beach, FL 33401 P: (561) 222

- 6979 | E: jon@jrupprechtlaw.com | W: ww w.jrupprechtlaw.com

June 2 , 2015
U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE, West Building Ground Floor, Room W 12

- 140
, Washington, DC 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act and Par t 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 Sir 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, IMCO General Construction, Inc. , an operator of Small Unmanned Aircraft (UA) hereby applies for an exemption from the listed Federal Aviatio n Regulations ("FARs") to allow commercial operation of its UA.

T ABLE OF C ONTENTS I. QUICK REFERENCE SUMMARY

................................ ................................ ................................ ....... 3

II. IMCO GENERAL CONSTRUCTION, INC. REQUESTS THAT THE PUBLICATION AND COMMENT PROCEDURES BE WAIVED IN ACCORDANCE WITH 14 C.F.R. § 11.87.

................... 3

III. FEDERAL REGISTER SUMMARY

................................ ................................ ................................ ... 4

IV. PETITIONER’S CONTACT INFO:

................................ ................................ ................................ ..... 5
V. REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED

................................ ............ 5

VI. OPERATING DO CUMENTS

................................ ................................ ................................ .............. 5

VII. STATUTORY AUTHORITY TO GRANT THIS PETITION

................................ ............................. 6 VIII. EQUIVALENT LEVEL OF SAFETY

................................ ................................ ............................... 7

IX. REGULATIONS FROM WHICH EXEMPTION IS NEEDED

................................ ........................ 14

A. 14 C.F.R. § 61.23(a) & (c): Medical Certificates

................................ ................................ ........... 142

B. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations & 14 C.F.R. § 61.315(a): Sport Pilot Limitations.

................................ ................................ ................................ ........ 14

C. 14 C.F.R. § 61.113 (a): Private Pilot Privilege s and Limitations: Pilot In Command.

.................. 14

D. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness.

................................ ................................ ......... 14

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

................................ ................................ ................ 15

F. 14 C.F.R. § 91.121: Altimeter Settings

................................ ................................ .......................... 15

G. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Con ditions

................................ ..... 15

H. 14 C.F.R. § 91.405 (a); § 91.407 (a) (1); § 91.409 (a) (2); § 91.417(a) & (b): Maintenance Inspections

................................ ................................ ................................ ................................ ............. 16

X. CONCL

USION

................................ ................................ ................................ ................................ .... 163

I. QUICK REFERENCE SUMMARY

 Types of aircraft to be flown :

o Phantom 2 ( Previously granted in Exemption No. 11699)

o Phantom 3

 The operations will be for:

o Aerial data collection, 1

 The petitioner will operate under the restric tions listed below and those in the confidentially

su bmitted manual.

 We already agree to all the restrictions listed in Exemption # 11284 which are listed below.

II. IMCO GENERAL CONSTRUCTION, INC. REQUES TS THAT THE PUBLICATION AND COMMENT PROCEDURES BE WAIVED IN ACCORDANCE WITH 14 C.F.R. § 11.87.

§ 11.87 Are there circumstances in which FAA may decide not to publish a summary of my petition for exemption? The FAA may not publish a summary of your petition for exemption and request comments if you present or we find good cause why we should not delay action on your petition. The factors we consider in deciding not to request comment include: (a) Whether granting your petition would set a precedent. (b) Whe ther the relief requested is identical to exemptions granted previously. (c) Whether our delaying action on your petition would affect you adversely. (d) Whether you filed your petition in a timely manner.

Corresponding to the above sub

- sections, IMCO General Construction, Inc. has good cause to request the FAA to waive the comment period and not delay action on the petition because:

(a) IMCO General Construction, Inc. would not set any precedent. IMCO General Construction,

Inc. IMCO General Construction, Inc. agrees to the SAME exact limitations as Exemption #

11284

. Furthermore, the aircraft , except for the Phantom 3, ha s already been evaluated under

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 (particulate measurement, etc.), or any other gathering of data by instruments aboard the UA. ” Exemption No. 114824

previous petitions and are deemed to have the equivalent level of safety if operated under the

restrictions hereto already agreed upon.

(b) IMCO General Construction, Inc. agrees to the SAME exact limitations as Exemption # 11284

.

(c) Delaying the granting of th is petition would adversely affect the public, the FAA, and IMCO

General Construction, Inc. The public, as well as the FAA, would be better served by the FAA

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

ins pectors to dedicate their time and attention to much higher priorities. Moreover, IMCO

General Construction, Inc. is adversely affected by the below listed regulations.

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

III. FEDERAL REGISTER SUMMARY

Pur suant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determ ined that publication is needed.
Applicant seeks an exemption from the following rules: 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) to operate commercially a small unmanned vehicle (55 lbs. or less) for aerial data collection

. This exemption will allow commercial operations of UA ’s which will enhance safety by reducing risk. The alternative to using a UA is to use a jet or piston power aircraft carrying large amounts of jet A or other fuel. Not only is the operation dangerous at the location, the aircraft must fly to the location and back to the home airport

. Our UA will weigh less than 55 lbs. and powered by batteries which eliminates most of the risk because no highly flammab le fuel will be involved

. The UA will carry no passengers or crew ; thus, eliminating most of the risk to the pilot and personnel. The operations of the UA listed under the restrictions proposed herein will provide an equivalent level of safety as th e Feder al Aviation Regulations.5

IV. PETITIONER ’ S CONTACT INFO:

IMCO General Construction, Inc. Attn: Brian K. Smith , Director of Technology Email: BSmith@imcoconstruction.com Address: 2116 Buchanan Loop
, Ferndale, WA 98248

V. REGULATIONS FROM WHICH THE EXEMPTIO N 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)

 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)

VI. OPERATING DOCUMENTS

IMCO General Construction, Inc. w ill operate only within the limitations below and the

limitations listed in the confidentially submitted manual. Th e limitations below
, from the previously granted exemption
, will be followed if there is a conflict with the manual.6

VII. STATUTORY AUTHORITY TO GRANT THIS PETITION
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 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 under 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).

This exemp tion petition 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 required to determine which types of UA do not crea te 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). 2

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 n ational airspace system." Id. § 333(c) (emphasis added). 3 The FAA has already established requirements for summary grants which will be further discuss ed below.

2 FAA Modernization and Reform Act of 2012 at § 333 (a). 3 Applicant interprets this provision to place the duty on the Administra tor to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be determine d that the conditions set forth herein do not fulfill the statutory requirement s for approval.7

VII I

. 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.

T hese lim itations and conditions are identical to Exemption # 11284 except for the difference in

aircraft

. IMCO General Construction, Inc. agrees to be bound when conducting commercial UA operations. The list of limitations and conditions include the follo wing:

1. Operations authorized by this grant of exem ption are limited to the DJI Phantom 2 and

Phan tom 3 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this ex emption.

2. Operations for the purpose of closed

- set motion pic ture and television filming are permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per ho ur). The exemption holder may use either groundspeed or calibrated airspe ed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operat ing airspeed recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more t ha n 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision u naided by any device other than correct ive lenses, as specified on the PIC’s FAA

- issue d airman medical certificate or U.S. driver’s

license.

6. All operations must utilize a visual observer (VO). The UA must be operated wi thin the visual line of sight (VLOS) of the PIC and VO a t all times. The VO may be used to satisfy the VLOS requirement as long a s the PIC always maintains VLOS capability. The VO and PIC must be

able to com municate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his8

or her designation for the duration of the flight. The PIC must ensure tha t the VO can perform

the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct it s operations in

accordance with the conditions and limit ations stated in this grant of exemption, are hereinafter referred to as the ope rating documents. The operating documents must be accessible during UAS opera tions and made available to the Administrat or upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outli ned in the operating documents, the conditions and limitations herein take

p recedence and must be followed. Otherwise, the operator mu st follow the procedur es as outlined in its operating documents. The operator may update or revise its operating

documents. It is the operator’s responsibility to track such revisions and present updated and

revised documents to the Administrator or any la w enforce ment official upon request. The operator must also present updated and revised document s if it petitions for extension or amendment to this grant of exemption. If the operato r determines that any update or revision would affect the basis upon whic h the FAA g ranted this exemption, then the operator must petition for an amendment to its gr ant of exemption. The FAA’s UAS Integration Office (AFS

80) may be contacted if quest ions arise regarding updates or revisions to the operating

documents.

8. Any UA S that has undergone maintenance or alteration s that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight prior to conducting further o perations under this exemption. Fun ctional test flights may only be conducted by a P IC with a VO and must remain at least 500 feet from other people. The functional test f light must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is r esponsible for maintaining and inspecti ng the UAS to ensure that it is in a condition for safe operation.9

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspect ion must account for all potential discrepancies, e.g. inoperable componen ts, items, or equipment. If the inspection reveals a condition that affects the safe operat ion of the UAS, the aircraft is prohibited from operating until the necessary mainten ance h as been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufa cturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exemption must comp ly with all manufacturer safety

bulletins.

13. Under this grant of exemption, a PIC must ho ld either an airline transport, commercial, private, recreational, or sport pilot certif icate. The PIC must also hold a cu rrent FAA airman

medical certificate or a valid U. S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a territory

, a possession, or the Federal government. The PIC must also meet the flight r eview requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner cons istent with how the UAS will be operated under this exemption, including evas ive and emergency maneuvers and maintaining appropriate distances from persons, vessel s, vehicles and structures. PIC qualification flight hours and currency must be log ged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of train ing the operator’s PICs and VOs (training, proficiency, and experience

building) and d etermining the PIC’s ability to safely operate the UAS in a manner consistent

wi th how the UAS will be operated under this exemption are permitted under the te rms of this exemption. However, training operations may only be conducted during dedi cated training sessions. During training, proficiency, and experience

- building flights , all persons10

not essential for flight operations are considere d nonparticipants, and the PIC must operate

the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119

. 15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under v isual meteorolo gical conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an a irport reference point (ARP) as denoted in the current FAA Airport/Facility Dire ctory (AFD ) or for airports not denoted with an ARP, the center of the airport symbol as deno ted on the current FAA published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted b y a COA issued to the ex emption holder. The letter of agreement with the airport ma nagement must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 fee t below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return t predetermined location within the private or controlled

- access property.
19. The PIC must abort the flig ht in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering 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 manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Wai ver or Authorization (COA). All operations

shall be conducted in accordan ce with an ATO

- issue d COA. The exemption holder may apply for a new or amend ed COA if it intends to conduct operations that cannot be conducted

under the terms of the attached COA.11

22. All aircraft operated in accordance with this exempti on must be identified by serial number
, registered in accordance with 14 CFR part 47, an d have identification (N Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe oper ation and flight o f the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time t he aircraft is operating. These documents must

be made available to the Admin istrator or any law enforcemen t official upon request.

24. The UA must remain clear and give way to all manned aviation operations and activities at

all times.

25 . The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at l east 500 feet from all no nparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from

the UA and/or debris in the event of an acc ident. The operator must ens ure that nonparticipating persons remain under such pr otection. If a situation arises where nonparticipating persons leave such protec tion and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonpar ticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined tha t it does not present an undue hazard.

The PIC, VO, operator trainees or essen tial persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled

- access property with permission

fr om the property owner/controlle r or authorized representative. Permission from property12

owner/controller or au thorized representative will be obtained for each flight to be

conducted.

28. Any incident, accident, or flight operation that trans gresses the la teral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

- 80) with in 24 hours. Accidents must be reported to the National Transportation Safet y Board (NTSB) per instructi ons contained on the NTSB Web site: www.ntsb.gov.

F or the purpose o f closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and telev ision ope rations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the opera tor of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Stan dards District Office (FSDO) wit h jurisdiction over the area of proposed filming. The 3

- day notification may be waived with the

concurrence of t he FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operato r for t he UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of the person responsibl e for the on

- scene operation of the
UAS;

d. Make, model, and serial or N

- Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming prod uction event; the list of those who gave permission must be made available to the inspector upon request;13 g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted an d the altitudes essential to

acc omplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

IMCO General Construction, Inc. ’s UA are rotorcraft, weighing 55 lbs. or less including payload. They operate, under normal conditions at a speed of no more than 50 knots and they have the capability to hover, and move in the vertical and horizontal plane simultaneously. They will oper ate only within VLOS and only within the restrictions above and the confidentially submitted manual

. Such operations will insure that the UA will "not create a hazard to users of the national airspace system or the public." 4

Given the small size of the UA in volved and the restricted sterile environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of UA to commence immediately. Also
, due to the size of the UA and the restricted areas in which the relevant UA will operate, approval of the application presents no national security issue.

Since the UA fully loaded weighs no more than 55 lbs. and is op erated 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 poi nt where the pilot flying the UA will have immediate access to them. Also, g iven the size of the unmanned aircraft, the FAA registration number will be displayed on the airframe in as large a font as possible.

4 Reform Act Section 333(b).14

I X. REGULATIONS FROM WHICH EXEMPTION IS NEE DED

A. 14 C.F.R. § 61.23 (a) & (c): Medical Certificates
Exemption # 11221
, # 11284, and many other s have provided that a U.S. driver’s license

could be used in lieu of the medical certificate provides an equivalent level of safety.

B. 14 C.F.R. § 61.101(e)(4) & (5): Recreational Pilot Privileges and Limitations & 14 C.F.R. § 61.315(a): Sport Pilot Limitations.
Exemption # 11221, # 11284, and many others have declared that there is an equivalent level of safety as the FAR’s by requiring the PIC to “ hold either an airline transport, commercial, private, recreational, or sport pilot certificate.” Likewise, IMCO General Construction, Inc. 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 regulations.

C. 14 C.F.R. § 61.113 (a) : Private Pilot Privileges a nd Limitations: Pilot In Command.

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 achieve the equivalent level of safety of current operations by requiring the PIC operating the aircraft to have a sport pilot license rather than a commercial pilot's license to operate this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled with no living thing on board.

D. 14 C.F.R . § 91.7(a ): Civil Aircraft Airworthiness.

As there will be no airworthiness certificate issued for the unmanned aircraft, a nd no FAA regulatory standard will exist for determining airworthiness of the UA, the requirements contained in

the confidentially submitted manual and the restrictions already agreed to will provide an equivalent level of safety.

Furthermore, all of the aircraft above except for the Phantom 3 has been previously evaluated

and deemed to have the equivalent level of safety of the r egulations if operated under the restrictions

above. Therefore, this aircraft should not be required to have an airworthiness certificate based upon the FAA’s previous determinations.15

E. 14 C.F.R. § 91.119 : Minimum Safe Altitudes
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 c omplies with any route or altitudes prescribed for helicopters by the FAA.

B ecause of the lack of flammable fuel, any risk associated with these operations is far less than those presen tly 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

.
F. 14 C.F.R. § 91.121 : Altimeter Settings
This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "... to the elevation of the departure airport or an appropriate altimeter

set ting 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 following the confidentially submitted manual

. Furthermore, many other petitions have been granted allowing GPS to be used in lieu of an altimeter setting.

G. 14 C.F.R. § 91.151 (a): Fuel Requirements for Flight in VFR Conditions
Section 91.151 (a) prohibits an individual from beginning "a flight in a n 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 minute s; or ( 2 ) At night, to fly after that for at least 45 minutes."

Applicant believes that an equivalent level of safety can be achieved by restricting operations to

“ the intended operation and to operate after that for at least five minutes or with the reser ve power recommended by the manufacturer if greater. ” Exemption # 11284 , at page 5

.16

H. 14 C.F.R. § 91.405 (a); § 91. 407 (a) (1); § 91. 409 (a) (2); § 91. 417 (a) & (b): Maintenance Inspections
These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) o f 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 certific ate, 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 payload 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. Lastly, the petitioner will operate in accordance with the confidentially submitted manual which will provide an equivalent level of safety as the burdensome regulations.

X. CONCLUSION
The operation of IMCO General Construction, Inc. using a small UAS , weighing less than 55 lbs., conducted under the proposed restrictions outlined above as well as the confidentially submitted

manual , will provide an equivalent level of safety support ing the grant of the exemptions requested

herein.

If I can be of any assistance to further expedite this petition, please do not hesitate to contact me at ( 561 ) 222

- 6979 or at my email jon@jrupprechtlaw.com

Sincerely yours,

_____________________ Jon athan Rupprecht, Esq.

5 14 C.F.R. § 91.405(a).17