UNITED STATES OF AMERI CA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

WASHI NGTON, DC Reg. Docket No. ________________
In the Matter of Petition for Exemption of: Faris Enterprises LLC (DBA Eastern Drones) For an Exemption from the requirements of the Code of Federal Regulations Sections Concerning operation of an Unmanned Aircraft Sy stem

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

### C **ONTENTS Page** 

I. PUBLIC INTEREST 1 II. PETI TI ONER’S DESCRIPTION 2 III. THE UNMANNED AIRCRAFT SYSTEM (UA S ) 2 IV

. T HE GROUND STATION

- BASED PART OF THE SYSTEM 3 V. PROPOSED OPERATIONS AND QUALIFICATION FOR 3 APPROVALUNDER SECTI ON 333 OF THE REFORM ACT VI

. FEDERAL REGISTER SUMMARY 4 Appendix A 5 Appendix B 81

Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), Faris Enterprises LLC DBA Eastern Drones (ED) (the operator), D. Faris (the applicant), planned operator of Small Unmanned Aircraft Systems ( sUAS ) equipped to conduct aerial photography and survey

for various industries hereb y applies for an exemptio n from Federal Aviation Regulations (FARs) to allow commercial operation of sUAS , so long as such operations are conducted within and under the c onditions outlined herein or as may be established by

the FAA as required by

Section 333. As described more ful ly

below, the requested exemption would permit the operation of sUAS by the applicant for commercial use that would provide the following benefits:
**I. PUBLIC INTEREST** The applicant proposes to conduct sUAS flight operations for government and businesses in support of bridge, tower, roof and other structure inspections. Using video and photos from a sUAS is a safer and less expensive way

to perform inspections of large complex structures without easy access such as elevated bridges spanning water or cliffs , towers in remote locations and steep building roofs that are hard to inspect. Traditional inspection methods include manned helicopter flights but they have had a number of accidents and or fatalities. One b ridge inspection method include s using a mobile inspection platform to lower inspectors over the side of the bridge. This method requires inspectors to coordinate with the state to close a traffic lane for the length of the bridge. Placing a static vehicle in a lane next to moving traffic is particularly hazardous to motorists and the inspectors alike and has caused serious traffic incidents in the past. Additionally , we propose to conduct aerial photography and video s of real property, specificall y individual properties. Aerial photos and video s from several angles are far more effective than ground

based imagery

for displayingthe characteristics of large properties , particularly those with several buildings and large trees. The benefits of reduced cost and improved quality of presentation from the s UAS will be a valuable benefit to man y buyers and sellers of property. We also request that we be allowed to use our system to benefit first responders in our area who might require assistance, including fire fighters, police, sheriff s e t c
. while remainin g subject to all limitations cited in this application. Environmentally , sUASs are battery powered and create no emissions. If the sUAS crashes, there is no fuel to ignite and explode. Any impact damage of the lightweight sUAS is far less than a full size helicopter. The public's interest is furthered b y minimizing ecological impact of an accident and b y reducing human exposure to potentially harmful emissions associated with manned aircraft. Finall y, aerial survey s are valuable tools for inspections and s urvey s . However, problems with safety , cost, statistical integrity, and logistics continue to impede aerial surveys and inspections using current methods. The use of sUAS addresses these problems and is a powerful tool for performing a wide

- range of inspec tion and survey applications. The public as a whole will benefit from safer , more cost

- effective aerial services that sUAS operations provide. Operation of a sUAS would provide significant safety , environmental and economic benefits not possible by

larger sized aircraft. Safety would improve b y reducing the risk concerning infrastructure inspection by

alleviating human exposure to dangers associated with traditional inspection methods. G overnment agencies as well as businesses will benefit from sUAS servic es currentl y unavailable. Those services will benefit the general public and serve the public interest.2

**I I**  **. PETITIONER’S DESCRIPTION** It is possible to operate sUAS without creat ing any hazard s to users of the National Airspace Sy stem (NAS), the public or pose a threat to national security if done so safel y and responsibly

. The applicant currentl y holds a FAA Airline Transport Pilot Certificate (ATP) and has been employed b y a major commercial airline ( Express Jet A irline s ) for 18 y ears
. The applicant ha s already passed any

and all TSA security and background checks as well as b ackground check performed by the airline. The Airline Transport Pilot Certificate (ATP) and job experience demonstrates that the applicant has a high regard for safe operations, as well as a necessary understanding of the NAS and FARs. The ATP and work experience serves to add significantl y to the level of safety in an y operation performed b y the applicant or the applicant's emplo yees. The name and address of the Petitioner’s repr esentative is: Faris Enterprises LLC (DBA Eastern Drones) Attn: David Faris 29C School Street Hamden , CT 06518 Email: davidf01@att.net
**I II**  **. THE UNMANNED AIRCRAFT**  **(UA)** The sUAS is a Yuneec Q500 Ty phoon (Q500) figure 1

. A light weight (less th an 5lbs with all on

- board equipment) battery

operated 4

- motor rotorcraft in the form of a quadcopter that takes off and lands verticall y, manufactured by Yuneec, model Q500. The Q500 has an on

- board flight computer with GPS navigation and location ability that re ceives signals for flight controls from a ground

- based transmitter/controller. It is a complete aerial photography and videograph y (APV) s ys tem. The Q500 s ys tem includes the aircraft, a 1080P HD camera, ST10 personal ground station and batteries. T here are also a number of accessories including a sun shade for ground station LCD screen , car charger, USB adapter/charger and an extra set of 4 rotors. The Q500 specifications are: Height: 8.3 in Length (without rotor blades): 16.5 in Width (without rotor blades ): 16.5 in Diameter (without rotor blades): 22.2 in Propeller/Rotor Blade Diameter: 13.0 in Weight (without battery

and payload): 40.0oz Takeoff Weight with all on

- board equipment 60.0oz Battery : 5400mAh 3S 11.1V L iPo Charger: DC 3S 11.1V LiPo balancing and AC adapter Transmitter: ST10 10

- channel 2.4GHz with 5.8GHz video link Flight Time: 20

- 25 minutes3

**I V.**  **THE GROUND S TATION** 
**- BASED PART OF THE SYSTEM**  The ST10 ground station allows the Pilot in Command (PI C) operational control of a flight operation from beginning to end and allows the PI C to control the sUAS while in the air. The ST10 personal ground station is a 10

- channel 2.4GHz RC transmitter that supports a 5.8GHz video downlink that delivers streaming video to the built

- in LC D screen on the ground station

. During flight the ST10 ground station receives telemetry from the Q500s on

- board flight computer and camera displaying live video and flight data including altitude AGL, horizontal and vertical speed, compass direction of flight and direction b ack to the ground station. ST10 ground station specifications: Number of Channels: 10 RC Band: 2.4GHz RC Modulation: Yuneec Video Downlink Band: 5.8GHz Telemetry : Yes SD Card Compatible: Yes LCD Screen Size: 4.5” Touchscreen: Yes
**V. PROPOSED OPERATIONS**  **AND QUALIFICATION FOR APPROVAL UNDER SECTION**  **333 OF THE REFORM ACT** The Q500 or an y future Eastern Drones sUAS will weigh 55 lbs or less including payload. They would operate, under normal conditions, at a speed of no more than 50 knots. Operations will be performed by a qualified sUAS PlC, to insure that the sUAS will "not create a hazard to users of the national airspace sy stem or the public." Given the small size of the sUAS involved and the pre

- defined area in which they will operate, the applicant believes that these operations will ensure a level of safety and prevent the possibility

of a national security issue in which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS to c ommence immediatel y. The operation of sUAS by knowledgeable professionals with experience in the NAS will serve to enhance safety, add to the public benefit and reduce environmental impacts related to current methods of aerial photography and survey. The limitations and conditions to which the operator, or its ' employees, acting as sUAS PI C agrees to when conducting commercial operations under an FAA issued exemption: 1. Safety will be the first and foremost consideration in any sUAS operation. 2. Flights will be operated within line of sight of the PI C and / or an observer. 3. The sUAS will weigh less than 55 lbs total. 4. Flights will be operated in Class G airspace whenever possible. I f operation in other airspace is required, the relevant controll ing agency will be notified at least 24 hours prior to the operation and, if required, any necessary permission obtained. 5. Flights will be operated under visibility and cloud clearance requirements equivalent to Visual Flight Rules (VFR). 6 . The sUAS wi ll at all times give way to an y ai rcraft carrying persons. 7 . Minimum crew for each operation will consist of the sUAS PlC. An observer will be utilized if the sUAS will be flown beyond line of sight of the PlC. The observer, if required, and PI C will at all times be able to communicate by voice and/or text.4

8 . Prior to a sUAS flight, an area of operation will be established. This area of operation will include a defined lateral and vertical area, where the sUAS will operate. Safety procedures will be estab lished for persons, property

and applicable airspace within the area of operation. 9

. Flight planning prior to the flight will minimize hazards to persons and property in the air and on the ground. Flight planning will include flight completion with at least 15% battery power remaining as measured b y the sUAS or appropriate timing. 1 0

. I f equipped, and appropriate for the operation, sUAS aircraft will utilize GPS navigation, and failsafe return

- to

- home (RTH) safety features. 1 1 . A briefing will be conducted in regard to the planned sUAS operations prior to operation at each new location. All personnel who will be performing duties within the boundaries of the area of operation will be pres ent for this briefing. 1 2 . All required permissions and permits will be obtained from appropriate state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies if needed

. 1 3 . Written or oral permissi on , from the relevant property owners will be obtained prior to an operation. 1 4

. The PI C must have accumulated and logged a minimum of 25 hours of total time as a UA rotorcraft pilot

. This will include operation of the sUAS both in normal and emergency modes of operation, and will include familiarization with the operation manual if published by the sUAS manufacturer. It is the applicant's belief that the size, speed, operating environment, limitations and level of applicant's experience in the NAS out lined provides an "equivalent level of safety" or better when operating a sUAS for the public interest as outlined in Section 333 in the FAA Modernization and Reform Act of 2012. lt is requested that the FAA issue an exemption to permit safe, legal, commercial sUAS operation by the applicant as soon as possible.
The applicant requests the FAA Administrator to grant this exemption. Given the foregoing, the applicant ’s proposed usage does not pose a hazard to the NAS or to the public. Considering the clear statutory language in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended, the equivalent level of safety to the public and to the men and women conducting infrastructure inspections, and the reduction in environmental effects, the grant of the requested exemptions is in the public interest. Accordingly , applicant respectfull y requests that the FAA grant the requested exempt ion without delay

. **VI. FEDERAL REGISTER SUMMARY**  14 CFR Part21, Subpart H: Airworthiness Certificates 21 .191 Experimental certificates. 14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 14 CFR 45.23 Display

of marks; general and 45.29 Size o f marks. 14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 14 CFR 91.109 Flight instruction 14 CFR 91.119 Minimum safe altitudes: General. 14 CFR 9l.l21Altimeter settings. 14 CFR. 91.103: Preflight Action. 14 CFR Part 27: Airworthiness Standards: Normal Category Rotorcraft. 14 CFR Subpart E (91.401

- 91.4171

- Maintenance, Preventive Maintenance, and Alterations5 **Appendix A REGULATIONS FROM WHICH EXEMPTION IS REQUESTED**  Faris Enterprises LLC (DBA Eastern Drones), requests an exemption from the following regulations as well as an y additional regulations that may technically

appl y to the operation of sUAS : **14 CFR Part21, Subpart H: Ai rw**  **orthiness Certificates** This part establishes the procedures for the issuance of an airworthin ess certificate. While the FAA continues to work to develop airworthiness standards for sUAS , we request an experimental certificate be issued for the sUAS 's operated b y the applicant under either or both of the following provisions: **21 .191 Experimental certificates.**  Experimental certificates are issued for the following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircra ft. (b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of ty pe and supplemental ty

pe certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be used for commercial purposes such as market survey s, sales demonstrations, and customer crew training, we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or property and will only fl y under strict operational requirements. Combined with the fact that any aircraft o perated would be light weight we propose that a sUAS will be at least as safe, if not safer, than a conventionally certificated aircraft performing the same function. I f an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph. **14 CFR 91.203(a) & (b) Civil aircraft: Certifications require d.**  The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally , subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." A sUAS is too small to carry

documentation, does not have an entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and me et the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be co

- located with the crew at the ground control station and available for inspection upon request. **14 CFR 45.23 Display of marks; general and 45.29 Size of marks.**  These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionall y, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. A sUAS does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by

the FAA. If 14 CFR 45.23 D isplay of marks general and 45.29 Size of marks is not appropriate for this application, then we request an exemption of 14 CFR 45.23 and 14 CFR 45.29 and the requirement for Display of marks and size of marks. To obtain an equivalent level of safety and meet the intent of 45.23 and 45.29, we propose that markings deemed appropriate for this aircraft by the FAA will located with the crew at the ground control station and available for inspection upon request.6

**14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.** This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. The intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. We request an exemption to this requirement since the sUAS cannot carry

such a manual, and if the sUAS did carry such manual, it would be unavailable to the crew for review. To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current, sUAS manufacturers operation manual or equivalent be available to the crew at the ground station any time the aircraft is in, or preparing for flight. **14 CFR 91.109 Flight instruction;** Simulated instrument flight and certain flight tests

. The re gulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has full y functioning dual controls." The controls for a sUAS do not currentl y have a set of fully functioning dual controls. I f a sUAS pilot is being trained, the pilot performing the training would be directly supervising and could take over the controls from the pilot in training if the need arose. This would be similar to the technique of a "throw

- over ty pe" control wheel in some fixed wing aircraft. We feel that this technique meets the intent 91 .109 and provides an equivalent level of safety

. **14 CFR 91.119 Minimum safe altitudes: General.** The regulation provides that over sparsel y populated areas the aircraft cannot be operated closer than 500 feet to an y person, vessel, vehicle, or structure. Since the ty pical mission of this sUAS would be photograph y or survey of vessels, vehicles or structures it would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown over property or persons where permission has been obtained, and careful pre

- planning has been performed. Further, sUAS aircraft operate at a very slow airspeed, and a low mass, and do not need as much space to operate safely , as outlined in 91.119. We believe the slower speed, smaller mass and careful pre

- planning would provide an equivalent level of safety. **14 CFR 9l.l21Altimeter settings.** The regulation provides that aircraft shall maintain cruising altitudes by reference t o an altimeter setting available within 100 nautical miles of the aircraft. The sUAS will normally be flying close to the ground, and in line of sight of the PI C or an observer. This line of sight operation will provide separation from other aircraft, obstructions and terrain, and would override the use of an altimeter for such a purpose. We feel that this will provide an equivalent level of safety. **14 CFR 91.151 Fuel requirements for flight in VFR conditions.** The regulation provides that no person may beg in a flight in an airplane under day

- VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. We feel the intention of this paragraph it to provide a reasonable reserve of energy to plan for a safe landing should there be a delay in landing. The close proximity to the ground station, the ability for both rotorcraft and small fixed wing aircraft to land in a very small space and the built in energy level monitoring of the sUA S we feel provide an equivalent level of safety if the flight is planned to be completed with 15 % battery energy remaining. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". **14 CFR Subpart E (91.40 1** 
**- 91.4171** 
**- Maintenance, Preventive Maintenance, and**  **Alterations** The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworth y condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.4 09 require that the aircraft be "approved for return to service by a person authorized under 43.7" after maintenance7

and inspection. It is our intention that the PI C perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to ser v ice." Prior to every

flight, the PI C will inspect the aircraft to ensure that it is in an airworthy condition. Any general maintenance procedures or replacement of consumable items outlined by the sUAS manufacturer, if applicable, will be complied with by the P I C. In no circumstance will a sUAS be operated in a condition that is deemed, or suspected to be, unsafe. I f such a determination is reached, and the problem cannot be remedied to the satisfaction of the P I C, the sUAS will not be operated until consulting with the manufacturer or authorized dealers to complete necessary

repairs. We feel that due to the size, construction, and simplicity of the aircraft, the PI C can ensure an equivalent level of saf ety

. **8900.227 Paragraph 16(c )(4**  **) PIG Medical. and Paragraph 16(e )(**  **1) Observer Medical.**  This policy

provides that both the PI C and observer must have a valid FAA second

- class medical certificate issued under part 67 in order to perform as a pilot or observ er. Requiring the crew to meet the same medical requirements as a commercial pilot carryi ng passengers in a large aircraft is an unnecessary

burden. We propose that the minimum medical requirements be vision corrected to 20 /2O and a valid, state

- issued driver's license. The risk of both the PI C and observer becoming incapacitated at the same time and suddenly is very low. Further, since the sUAS is operating close to the ground, it could be brought in for landing in a very short time if incapacitation wa s suspected. Finally , most sUAS 's are equipped with an automatic return to home feature which would provide a final level of safety. We feel this would provide an equivalent level of safety. **14 CFR Part 27: Airworthiness Standards: Normal Category Rotorcr aft.**  14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent the applicant 's sUASs would otherwise require certification under Part 27, as a rotorcraft, applicant requests an e xemption from Part 27’s airworthiness standards for the same reasons identified in the exemption request from 14 C.F.R. Part 21, Subpart H. **14 CFR. 91.103: Preflight Action.** This petition seeks an exemption from 91.103, which requires a PI C to become fam iliar with specific information before each flight, including information contained in the FAA approved Flight Manual on board the aircraft.22 Inasmuch as an FAA approved flight manual will not be provided for the sUAS, an exemption is requested. An equivalent level of safety will be provided by

following the manufactures operations manuals comprehensive preflight checklist. The PI C will take all actions, including reviewing weather, flight battery

requirements, landing and takeoff distances, and aircraft p erformance data, before initiation of flight.8 **Appendix B** 

**Figure 1**  **Yuneec Q500 Typhoon**

**Figure 2**  **ST10 ground station**

**Figure 3**  **ST10 LCD Display**