Inflyte Group LLC

1501 Indian Hill Lane Ballwin, MO 63021

Ma rch 1 st , 2016

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of InFlyte Group. (IFG) for Grant of Exemption Pursuant to
Section 333 of the FAA Modernization and Reform Act of 2012

To Whom it May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform Act) and 14 C.F.R. Part 11, InFlyte Group. (IFG), hereby applies for an exemption from the Federal Aviation Regulations (FARs) identified below, to operate small unmanned aeria l vehicles (i.e., small unmanned aircraft systems or UAS) for aerial data collection. The data will be used in support of IFG’s commercial
data collection activities. IFG respectfully submits that this Petition for Exemption qualifies for approval,
as the Federal Aviation Administration (FAA) has previously issued grants of exemption in circumstances similar in all material respects to those presented herein.

In addition to this Petition for Exemption, IFG will also submit the following supporting
documen ts (hereinafter referred to as “operating documents”):

 DJI Phantom 3 Professional Aircraft Description and Operations Manual

IFG submits these materials as confidential documents under separate cover pursuant to 14

C.F.R . § 11.35(b), as the materials contain confidential commercial and proprietary information that IFG has not and will not share with others. The information contained in these documents is not generally available to the public and is protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.U.S. Department of Transport ation

M a rch 1, 2016 Page 2

For your convenience, this Petition is organized as follows:

I. Background & Description of Petitioner

II. Description of Proposed Operation

III. Relevant Statutory Authority

IV. IFG’s Proposed UAS Opera tions Meet the Requirements of Section 333 of the Reform

Act

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

Capability

B. Approval is Warranted Based on the Operational Restrictions in IFG’s Operating

Documents

V. Regulations Fro m Which Exemption Is Sought

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance

Inspections

C. 61.113, 61.101(e)(4) and (5): Private and Recreational Pilot Privileges and

Limitations

D. 91.7(a): Civil Aircraft Airworthiness

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying

Civil Aircraft Certification and Registration

F. 91.103: Preflight Action

G. 91.109(a): Flight Instruction

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas

I. 91.121: Altimeter Settings

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

VI. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Su mmary

X. ConclusionU.S. Department of Transport ation

M a rch 1, 2016 Page 3

I. BACKGROUND & DESCRIPTION OF PETITIONER

IFG is a p rofessional services organization with offices in Missouri and Illinois with a goal of providing safe, professional, and affordable aerial data collection services to the m idwest market.

In accordance with 14 C.F.R. § 11.81(a), CNN provides the following information in support of its Petition for Exemption.

The contact information for Petitioner is as follows:

Richard Haller, Member InFlyte Group LLC
1501 Indian Hill Lane Ballwin, MO 60321

314.517.8716

– Phone

636.256.7132

– Fax richard@flyteview.com

- email

II. DESCRIPTION OF PROPOSED OPERATION

IFG seeks an exemption pursuant to Section 333 of the Reform Act to use a number of d ifferent

UAS. All of these UAS have already been approved for commercial use in other Grants of Exemption, including the DJI Phantom 3 As set forth below, these vehicles meet the criteria established in Section 333 of the Reform Act and are suitable platfo rms for the conduct of aerial photography and videography in support of the television, print and online news industry.

IFG is committed to maintaining the highest standards of flight safety, and has experience conducting non

- commercial manned and unmanne d flight operations . IFG will leverage its knowledge and experience to create the safest possible UAS operation. All UAS operations will be performed in accordance with the accompanying IFG operating documents, and in accordance with the requirements
of an applicable Certificate of Waiver or Authorization (COA).

The proposed operations in this Petition for Exemption are not new or novel to the FAA. The FAA has previously issued grants of exemption to use small UAS for aerial data collection in support of similar activities, including:

 Exemption No. 13841 to Mr. John D. Howorth, Mr. Aaron J. Murphy for conducting marketing, surveying, construction review, and special events; and

 Exemption No. 13808 issued to Elevated Exposures, LLC to conduct aerial videography and photography for real estate, and other landscape

- oriented operations.

The low

- risk UAS operations proposed by IFG in this Petition for Exemption fall squarely within the category of aerial data collection that has been subject to previous approval.U.S. Department of Transport ation

M a rch 1, 2016 Page 4

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the Reform Act. Congress has directed the FAA “to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system.” Pursuant to Sectio n 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the NAS where it is safe to do so based on the following considerations:

 The UAS’s size, weight, speed and operational capability;

 Operation of the UAS i n close proximity to airport s and populated areas; and U.S.

 Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the agency’s safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the au thority of the Administrator); 49 U.S.C. § 44701(f) (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) wo uld not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. IFG’S PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE

REFORM ACT

IFG ’s proposed operations in this Petition for Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act, as each of the statutory criteria and relevant factors are satisfied.

A. Approval is Warranted Based on the UAS’s Size, Weight, S peed, and Operational Capability

The FAA has already determined that the vehicle chosen by IFG meet the requirements
of Section 333 of the Reform Act: DJI Phantom 3 Professional . Specifically, the FAA has found the following characteristics of the DJI Phantom 3 Professional to warrant approval for a grant of exemption:

 The DJI Phantom 3 Advanced weighs less than 3 lbs (including the battery).

 Maximum flight speed for DJI Phantom 3 Advanced is 1 6 m/s ( 31 kn ots)

 The DJI Phantom 3 Advanced has the capabi lity to operate safely after experiencing certain in

- flight contingencies or failures and use an auto

- pilot
syst em. The UAS are also able to respond to a loss of GPS or a lost

- link event with a pre

- coordinated, predictable, automated flight maneuver. These safety features provide an equivalent level of safety compared to a manned aircraftU.S. Department of Transport ation

M a rch 1, 2016 Page 5

performing a similar operation and mitigate the risk of command and control

link failures.

 Altitude information will be generated by equipment onboard the UAs as specifie d using GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. This information will be transmitted to the pilot via telemetric data feed.

 The radio frequencies used for operations and control of the UAS co mply with the Federal Communications Commission (“FCC”) and other appropriate government oversight agency requirements. Both UAS operate within the 2.4 GHz frequency band.

B. Approval is Warranted Based on the Operational Restrictions in IFG’s Operating

Doc uments

IFG’s operating documents contain all the procedures and limitations necessary to safely and successfully perform the proposed operations. To expedite the FAA’s safety assessment of IFG’s proposed UAS operations, IFG has tailored its operating doc uments to comply with the conditions and limitations imposed on similarly situated petitioners seeking to use small UAS for aerial data collection. Below is a summary of operational limitations and conditions to which IFG will adhere, and which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3
Professional

.

2. Operations for the purpose of closed

- set motion pictur e and television filming are not 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 h uman vision unaided by any device 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 o f sight (VLOS) of the PIC and VO at all times. The VO may be used toU.S. Department of Transport ation

M a rch 1, 2016 Page 6

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. Electronic messaging or texting is not permitted during flight operations. 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 operate 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 UA S operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedenc e 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 an d 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 u pdate 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 FAA’s UAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation require a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be c onducted 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 insp ecting 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 flight. The pre

- flight inspection must account for all potential di screpancies, 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 until the necessary maintenance has been performed
and the UAS is foun d to be in a condition for safe flight.U.S. Department of Transport ation

M a rch 1, 2016 Page 7

11. The operator must follow the UAS manufacturer’s maintenance, overhaul,

replacement, inspection, and life limit requirements for the aircraft and aircraft
components.

12. Each UAS operated under this exemption must co mply 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 v alid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review 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 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 with 14 CFR § 61.51(b). Flights for the purposes of training the ope rator’s PICs and VOs (training, 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 under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experience

- building flights, all persons not essential for flight 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 must 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/Facility Directory (AFD) or for airports not denoted with an ARP, the c enter of the airport symbol 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.U.S. Department of Transport ation

M a rch 1, 2016 Page 8

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

deter mined location within the private or controlled

- access property.

19. The PIC must 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 o r Authorization (COA). All operations shall be conducted 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.

22. All a ircraft operated in accordance with this exemption must be identified by serial 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 pra cticable.

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 operatin g. These documents must be made available to the Administrator or any law enforcement 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 fro m 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 ensure 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, fligh t operations must cease immediately in a manner ensuring the safety of nonparticipating 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 as sessment of the risk of operating closer to those objects andU.S. Department of Transport ation

M a rch 1, 2016 Page 9

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 controlled

- access property with permission from the property owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be
obtained for each f light 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 FAA’s UAS Integration Office (AFS

- 80) within 24 hours . Accidents must be reported to the National Transportation Safety Board (NTSB) per
instructions contained on the NTSB Web site: www.ntsb.gov

.U.S. Department of Transport ation

M a rch 1, 2016 Page 10

V. REGULATIONS FROM WHICH EXEMPTION IS SOUGHT

The Federal Aviation Act exp ressly 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, including UAS, from its safety regulations and minimum standards when the A dministrator decides a requested exemption is in the public interest.

IFG seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and 91 for purposes of conducting the requested operations using small UAS, including:

FAR Descri ption 91.9(c); 45.23(b) and 45.27(a) Aircraft Marking and Identification Requirements

91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) and (b) Maintenance and Inspection Requirements

61.113; 61.101(e)(4) and (5) Private and Recreational Pilot Privileges and Limitations

91.7(a) Civil Aircraft Airworthiness 91.9(b)(2); 91.203(a) and (b) Carrying Aircraft Flight Manual, Certification and Registration in the
Aircraft

91.103 Preflight Action 91.109(a) Flight Instruction 91.119(c) Minimum Safe Altitudes Over Other than Congested Areas

91.121 Altimeter Settings 91.151(a) Fuel Requirements for Flight in VFR Conditions

Listed below are the specific sections of 14 C.F.R. for which exemption is sought, and 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.

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

IFG 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 o perate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter.U.S. Department of Transport ation

M a rch 1, 2016 Page 11

 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter “N” and the registration numb er 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 horizon tally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In prior grants of exemption under Section 333 of the Reform Act, the FAA determined that exemption from these requirements was warranted provided that the aircra ft “have identification (N

Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable.” 8 All UAS flown by IFG will bear N

- number markings that are as large as practicable in
accordance with 14 C.F.R. Part 4 5, Subpart C.

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

IFG seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)( 1), 91.409(a)(1) and (2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43.10 An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS to be operated under this grant of exemption will not have.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the operating documents and any required manufacturer Safety 8 FAA
Docket No. FAA

- 2014

- 0352. 9 See, e.g., FAA Docket No. FAA

- 2014

- 0352, at 14. 10 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 sub part E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter.”). or Service Bulletins. Further, as required by the operating documents, the PIC will conduct a pre

- flight inspection of the UAS and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potentially affecting safe operation of the UAS and no flights will occur unless, and until , all flight critical components of the UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will be conducted following the replacement of any flight

- critical components. As required by the operating document s, the PIC who conducts the functional test flight will make an entry in the UAS aircraft records of the flight.

The operating documents also include requirements to follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life l imit requirements for the aircraft and aircraftU.S. Department of Transport ation

M a rch 1, 2016 Page 12

components. Moreover, the operating documents also include procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul
component parts, and the total time in service of Petitioner’s UAS. As a whole, the maintenance and inspection procedures required by Petitioner’s operating documents ensure that an equivalent or higher level of safety will be achieved.

C. 61.113, 61.101(e)(4) and (5 ): Private and Recreational Pilot Privileges and Limitations

IFG 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 certific ate. 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 the private pilot is carrying passengers or cargo for hire. In this case, whil e the UAS will be operated as part of a commercial operation, it carries neither passengers nor cargo.

In the Grant of Exemption No. 11062 to Astraeus Aerial11, the FAA determined that the unique characteristics of UAS operation outside of controlled air space did not warrant the additional cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and Class II Medical Certificate. The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved.

More recently, the FAA determined that holders of recreational and sport pilot certificates would also have adequate aeronautical knowledge to pilot a UA S. Accordingly, because these individuals would also be subject to security screening by the Department of Homeland Security (DHS), the FAA determined that holders of recreational and sport pilot certificates would be qualified to serve as the PIC
for UAS operations.

The restrictions Petitioner has placed on its UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial and other operators in more recently granted exemptions under
Section 333 of the FAA Reform Act. IFG will operate away from persons and property that is not the subject matter of the flight. IFG will also require all PICs to be thoroughly trained in the unique aspects of UAS flight. As set forth in the operating documents, pilots will have experience not only in UAS operations generally but have logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights on behalf of IFG. The pilot qualification, training, and currency requiremen ts in the operating documents ensure that IFG’s pilots are competent and proficient in the UAS they are operating. The Petitioner’s training and qualification requirements are consistent with those contained in prior FAA

- issued grants of exemption, and wil l provide a higher level of competency and proficiency for its pilots and will ensure at least an equivalent level of safety.

D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, IFG seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition to be operated. While the petitioner’s UAS will not have an airworthiness certificate, the FAA has determinedU.S. Department of Transport ation

M a rch 1, 2016 Page 13

that for the purposes of this exemption the pilot may determine the aircraft is in an airworthy condition prior to flight. The operating documents contain procedures which allow the PIC to determine whether the aircraft is in a condition safe for flight, and an exemption from § 91.7(a) is therefore warranted.

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)( 2) and § 91.203(a) and (b) require the operator to carry airworthiness
documents and other aircraft manuals onboard the aircraft.

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.

- registered civil aircraft

–

... 2) For which an Airpl ane 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.

Pursua nt 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.

Given the small size and con figuration of the UAS, it would be impossible to keep airworthiness documents and other aircraft manuals on board the UAS because there is simply no room and the UAS has no cabin or cockpit.

In an FAA Office of Chief Counsel’s Opinion dated August 8, 201 4, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certificate, and other req uired documents from the ground control station from which he or she is operating the aircraft.13 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefor e, an equivalent level of safety will be achieved by ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS.

F. 91.103: Preflight ActionU.S. Department of Transport ation

M a rch 1, 2016 Page 14

Petitioner seeks an exemption from 14 C.F.R. § 91.1 03, 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
condu ct the flight, an exemption is requested to the extent that an FAA

- approved Flight Manual is required.

Adherence to the requirements in the operating documents will ensure that the UAS is in an airworthy condition prior to flight. The PIC will perform a series of checklists designed to identify any defects or inoperable components, which cover pre

- flight, t ake

- off, landing and post

- flight procedures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoff distance, UA performance data, and contingency landing areas

— before initiation of flight. Petitioner’s

op erating documents will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS.

G. 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent par t 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 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. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Given the size and speed of the UAS that Petitioner intends to use, an equivalent level of safe training can still be achieved without dual controls because no pilot or passengers are aboard the UAS, and as required by the operating documents, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction. Moreover, all flight training will be conducted in controlled and sterile environment. As a whole, the procedures provided for in the operating d ocuments ensure that UAS flight instruction can be performed safely.

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas

IFG requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 15 Section 91.119 pre scribes the minimum safe altitudes under which 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).

An exemption is required because the proposed UAS operations will normally need to occur below 400 feet AGL. Additionally, due to the nature of the proposed operations, the PIC and/or Observers may need to be less than 500 feet away from the UAS. Compared to flight operations with
rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel with the UAS, any risk associated with these operations is far less than those that presently exist with conventional aircraft.U.S. Department of Transport ation

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An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well the controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to below 400 feet AGL. As set forth in the operating documents, the UAS will be operated in a controlled environment, and all flights will occur at a lateral distance of at least 500 feet from nonparticipating persons, unless that person is in a position where he
or she is shielded from the UAS and any possible debris resulting from UAS failure. Procedures will be in place to ensure flight operations can be safely terminated if a nonparticipating person within 500 feet of the UAS leaves a shielded position. Further, UAS operations will occur at leas t 500 feet away from vehicles or structures unless the property owner/controller has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects, and operations near the PIC or Observer will not present an u ndue hazard per § 91.119(a). Adherence to these restrictions in IFG’s operating documents will ensure the proposed operations can be conducted without compromising safety to persons or property on the ground.

I. 91.121: Altimeter Settings

To the extent ne cessary for IFG to conduct the proposed operations, Petitioner requests 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 elevat ion of the departure airport or barometric pressure.

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 91.121 can be achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or below, (2) within

VL OS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based

on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS

.

The UAS that Petitioner intends to use for performing the proposed operations meet all these operational characteristics. Moreover, the operating documents require the PIC to calibrate the aircraft’s GPS compass prior to each flight operation. As the FAA has determined in circumstances similar to this Petition for Exemption, Petitioner’s UAS and the safety mitigation procedures contained in the operating documents, ensure that an equivalent level of safety will be achieved, and a grant of exemption to the requirements of § 191.121 is therefore appropriate.

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

IFG requests an exemption from 14 C.F.R. § 91.151(a)’s fuel requirements for flight in VFR
conditions. Section 91.151 states:

(a) No pers on 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; orU.S. Department of Transport ation

M a rch 1, 2016 Page 16

(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 battery r eserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required.

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for flight in daytime VFR conditions in circumstances similar to those present ed in this Petition for Exemption.18 In Exemption No. 11213 to Aeryon Labs, Inc.19, the FAA determined that a requirement prohibiting the PIC from beginning a UAS flight unless (considering wind and forecast weather conditions) there was enough available p ower for UAS to operate for the intended operational time and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater, would ensure an equivalent level of safety to the fuel requirements of § 91. 151(a). 20 Petitioner’s operating documents impose this same requirement and an exemption from § 91.151(a)’s fuel requirements for flight in VFR conditions is therefore appropriate.U.S. Department of Transport ation

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VI. DRUG AND ALCOHOL PROGRAM

IFG will have policies in place to ensure t hat no person may participate in UAS flight operations if they are under the influence of alcohol or any drug.

VII. PUBLIC INTEREST

The public interest will be served by granting IFG ’s Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill

Con gress’ goal in passing Section 333(a) through (c) of the Reform Act

— the FAA Administrator’s assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily required rulemaking.

More importantly however, and as recogni zed by the FAA in prior grants of exemption allowing commercial operation of UAS for purposes similar to those described herein, granting the requested exemptions will significantly improve safety and reduce risk by alleviating the public’s exposure to
dan ger and emissions associated with using manned aircraft to perform equivalent aerial data collection. Petitioner’s UAS are battery powered and create no emissions. Moreover, in the unlikely event that one of Petitioner’s UAS crash, there is no fuel to igni te and explode. Any accident involving Petitioner’s lightweight UAS will present significantly less danger to the pilot and other individuals on the ground than one involving a full size aircraft.

VIII. PRIVACY

All UAS operations under the exemption will be conducted in accordance with applicable federal, state, or local laws regarding privacy.

IX. FEDERAL REGISTER SUMMARY

The following summary is provided pursuant to 14 C.F.R. Part 11: Petitioner seeks an exemption from the following rules in Title 14 of th e Code of Federal Regulations:

45.23(b); 45.27(a); 61.113; 61.101(e)(4) and (5); 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(b); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b).

The exempti on will enhance safety by reducing risk to the general public and property owners from the substantial hazards associated with using conventional fixed

- wing aircraft or, rotorcraft for aerial data collection in support of commerial operations.U.S. Department of Transport ation

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X. CONCLUSIO N

IFG ’s Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act of 2012, including weight, speed, operating capabilities, proximity to airports and populated areas, operation within VLOS and national security. The proposed ope rations in this Petition for Exemption are similar to those in previously issued grants of exemptions, and they would benefit the public as a whole by improving safety. In consideration of the foregoing, this Petition for Exemption provides the FAA with
al l the necessary justification for issuance of a Grant of Exemption allowing IFG to use small UAS for aerial data collection in support of its newsgathering and reporting activities.

We thank you for your prompt consideration of our requested exemptions. Should you have any questions, or if you need additional information to support the requested exemptions, please do not hesitate to contact the undersigned.

Very truly yours,

Richard Haller Member, InFlyte Group. LLC