Intuitive Aerial Inc.’s Petition for Exemption For Purposes of Operating Small Unmanned Aircraft System

FAA Rules D ocket :

____________

Name and Address of Petitioner Intuitive Aerial, Inc. 20058 Ventura Blvd. #255 Woodland Hills, CA 91364 Counsel for Petitioner
T h om as Gemmell HUSCH BLACKWELL LLP 120 South Riverside Plaza, Suite 2200 Chicago, IL 60606

- 3912 (312 ) 526

- 1523 tom.gemmell @huschblackwell.com

1A. Summary Intuitive Aerial, Inc. (hereinafter referred to as “ Intuitive Aerial ”) seeks exemption from the requirements of 14 C.F.R. §§ 45.27(a), 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) and (b), 61.315(a), 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii) , 91.151(b) , 91.405(a), 91.407(a)(1), 91.409(a)(1) and ( 2 ), and 91.417(a) and (b) . This exemption will permit Intuitive Aerial to operate an u nmanned a ircraft s ystem (“UAS”) below 400’ above ground level from a ground
control station by a pilot in command having at least a spor t pilot certificate and a valid U.S.
driver’s license . Furthermo re, the exemption will relieve Intuitive Aerial from the requirement to
have a certificate of airworthiness issued for its UAS . This exemption will also permit Intuitive
Aerial to operate the UAS with at least a five

- minute power reserve and to display any required markings as large as practicab le on the aircraft ’s surface

. B. I ntroduction
Intuitive Aerial and its parent company, Intuitive Aerial AB, have many years’ of experience manufacturing unmanned aircraft used in the motion picture industry and safely operating manned and unmanned aircraft in the motion picture industry

. Intuitive Aerial desires
to take this extensive experience and demonstrate Intuitive Aerial ’ s Aerigon IAH3 small UAS (hereinafter referred to as the “ Aerigon IAH3 ”) flight and filming capabilities for use in the motion picture industry in the United States

. Pursuant to 14 C.F.R. § 11.81 ( Petition for Exemptions .) , Intuitive Aerial provides the following information in support of its petition:
C. B ackground
Intuitive Aerial seeks an exemption to operate a n Aerigon IAH3 for compensation or hire
within the national airspace system (“NAS”)

. 1 The Aerigon IAH3 is comprised of a six

- arm

1 Intuitive Aerial will submit an Aircraft Registration Application upon the grant of the 2 CHI

- 47535

- 4dodec acopter unmanned aircraft (the “UA”) and a transportable ground control station /unit (the “GCS”)

. The Aerigon IAH3 has a maximum gross weight of approximately 2 9 pounds, while having a diameter of approximately 60 inches. The Aerigon IAH3 unmanned aircraft is equipped
with twelve co ntra

- rotating rotor s driven by twelve counter

- rotating brushless electric motors powered by three rechargeable lithium

- ion polymer batter ies

.

T he Aerigon IAH3

D. Basis for Petition
Intuitive Aerial , by and through undersigned counsel, pursuant to Federal Aviation Regulations (FAR) ( 14 C.F.R. § 11.61 ) 2 and the FAA Modernization and Reform Act of 2012 ( “ FMRA ” ) , Section 333, Special Rules for Certain Unmanned Aircraft Systems ( “ Section 333 ” ) , hereby respectfully petitions the Administrator for an exemption from the requirements of 14

exemptions sought by this petition. 2 14 C.F.R. § 11.61 (b) (“ Using a petition for exemption, you may ask FAA to grant you relief from current regulations in 14 C.F.R.”) 3 CHI

- 47535

- 4C.F.R. §§ , 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii) , 91.151 (b), 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2), 91.417(a) and (b)

. 1. Section 333 Congress identifies Section 333 as a pathway for “ expedited operational authorization ” of
certain UAS in the NAS. Section 332(b)(1) ( “ expedited operational authorization. ” )

. 3 Under
Section 333 Congress mandates that the FAA “ shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking req uired by section 332 of this Act or the guidance required by section 334 of this
Act ” ( Section 33 3(a) ) upon consider ation of its “ size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sig ht

. ” Section 333(b) (1 ). I f the FAA makes such a determination, the FAA “ shall [also] establish requirements
for the safe operation

. ” Section 33 3(c)

. T he FAA further may find that the UAS does not require

“ airworthiness certification under section 44704 of title 49, United States Code

. ” Section 333(b) (2)

. 2. 49 U.S.C. § 44701
T he FAA is further authorized to grant exemptions from its safety regulations and
minimum standards under 49 U.S.C. § 44701 ( “ Section 44701 ” ) “ if the Administrator finds the exemption is in the public interest. ” Section 44701(f) (authorizing the grant of exemptions from safety regulations and minimum standards under section 44701(a) and (b) and
sections 44702

- 44716). 4

3 See also www.faa.gov/uas/legislative_programs/section_333/ (noting that Section 333 grants the FAA “the statutory flexibility to expedite requirements for the safe operation of certain aircraft systems in the NAS.”). 4 See e.g. 49 US C §44711 ( a ) ((1) prohibiting operations without airworthiness certificate; (2) pr ohibiting serving as airman without airman’s certificate; (5) prohibiting commercial operations in violation of regulations) ; 49 US C §44 7 04 (issuance of airworthiness certificate); 14 C.F.R. 4 CHI

- 47535

- 4For the reasons addressed herein , this Petition q ualifies for expedited approval of
Intuitive Aerial ’s request for exemption under both Sections 333 and 44701

. E. Aerigon IAH3 UAS Meets the Statutory Criteria for Exemption U nder Section 333
G iven its small size, light weight, slow speed, limited load capacity, superior operational capabilities , and that the operations will be conducted only during the day, under visual meteorological conditions ( “ VMC ” ), within visual line of sig ht ( “ VLOS ” ) of the P ilot In
C ommand ( “ PIC ” ) with the assistance of a visual safety observer ( “ VO ” ) and not in the proximity of airports or populated centers , the Aerigon IAH3 is the very sort of UAS that qualifies for expedited approval under Section 333

. 1. Section 333(b)(1) Criteria

a. Size
T he Aerigon IAH3 has an overall airframe diameter of 59.5 inches

. b

. Weight
The Aerigon IAH3 has a maximum gross weight of 28.6 lbs.

c
. Speed
The Aerigon IAH3 has a maximum speed of 14m/s (27 knots )

. d

. Operational Capability
T he Aerigon IAH3 was specially designed for professional photography and videography

. Supported by rechargeable lithium

- ion polymer batteries , the Aerigon IAH3 has a maximum flight time of 15 minutes (*depending upon atmospheric conditions and payload ) and

can carry a variety of cameras or sensors. Other Operational metrics of the Aerigon IAH3 are as follows:

§91

. 203 ( a ) ( 1 ) (carry airworthiness certificate)). 5 CHI

- 47535

- 4Unmanned A ircra f t Sys tem The Aerigon IAH3 is a UAS that is comprised of an unmanned aircraft and a transportable ground control station.
UA D ime ns i ons Airframe Diameter: 1510 mm (59.5 inches)
Weight Empty: 5.5kg (11lbs.) With Battery: 11kg (24lbs.) Engine ( Propulsive U nit ) Electric
- powered
T welve ( 12) counter

- rotating brushless motors Internal Temperature Range :

– 5°C/23°F to 40°C/104°F. Custom ESC thermal cooling system: Motor temperature continuously monitored via telemetry Propeller /Propeller Limits FAA Propeller Type Certificate: None Propeller Type: twelve (12) counter rotating

- blade, non
- hinged, reinforced plastic

- ABS and Glass, fixed pitch, tractor Battery 3x Lithium

- Ion Polymer 22.2 V (nominal) 10000 mAh rechargeable batteries Battery life: Approx. 7

- 15 minutes, depending on payload Battery charge time: Approx. 1 hour
Control Flight Controller: DJI A2 2.4 GHz frequency

- hopping spread spectrum signal
Pilot Communications:
Transmit

- Futaba T14SG (2.4 GHz)
Receive

– Dual Futaba R7008SB 2 FASST Power Distribution: Triple

- redundant power distribution system

6 CHI

- 47535

- 4Performance Airspeed Maximum: 14m/s (27 knots)
Vertical: 6m/s (12 knots)
Altitude Maximum: 2000m (6500ft) Roll/Pitch Angle Maximum: 35 o Hover Accuracy Vertical: 0.5 m (20 inches) Horizontal: 2m (79 inches)
Endurance: 15 minutes above 32°F (0°C)
Wind Limitation : 8m/s (15.5 knots) Max. Payload: 13.4kg (28.6lbs.) Max. Takeoff Weight: 23kg (50lbs.) Computer Software Custom

- developed IA stabilization hardware and software. Shielding All cabling and electronics mounted inside of carbon fiber exoskeleton. Camera/Capacity Cinema

- grade Power and signal for HD and CVBS broadcast links
Dual 14

- 16V power outputs for camera and equipment

e
. Proximity to Airports Flight operations will be tightly controlled and will not occur 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 center of the airport symbol as denoted on the
current FAA

- published aeronauti cal 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 7 CHI

- 47535

- 4letter of agreement with the airport management will be made available to the Administrator or any law e nforcement official upon request.
f

. Visual Line

- of

- Sight
T he Aerigon IAH3 will at all times be flown in the daytime (not at night) under VMC
within VLOS of the PIC (typically wit hin a range less than 500 feet) with the further assistance
of a VO with whom the PIC will have the ability for direct and continuous verbal
communication s 5 so as to ensure that the flight operations remain w i t h i n the PIC’s VLOS and prescribed flight boundaries and deconflict with objects in the air and on the ground. Thus , pursuant to the FAA’s Interim Operational Approval Guidelines for UAS the proposed operations provide an approved method of control and collision avoidance to satisfy the “ see and
avoid ” requirement of 14 C

. F

. R

. § 91.113 : While considerable work is ongoi ng to develop a certifiable “ detect, sense, and avoid ” system, no current solution exists. C ompliance with the “ see and avoid ” aspect of 14 C.F.R. 91.113, Right

- of

- Way Rules: Except Water Operations , becomes one of the primary issues in UAS operational approvals. As a result, alternate methods of compliance are required to accomplish the “ see and avoid ” function. See and avoid risk mitigation strategies are normally based on the use of visual observe rs or other methods of segregation. Interim Operational Approval Guidance 08

- 01, Unmanned Aircraft Systems Operations in the U.S. National Airspace System (March 13, 2008) at 8

. Only qualified and current PIC’s and
VOs , as provided in the FOD (as defined below) , will be used

. 2. Other Factors

a. Aerigon IAH3 S afety Systems
T he Aerigon IAH3 is replete with mechanisms to ensure safe operations and protect persons and property on the ground. In addition to having experienced operator/ PIC and VO , the Aerigon IAH3 has a variety of inherent safety systems, including :

5 VO will at all times be in proximity of PIC so as to allow direct verbal communications. 8 CHI

- 47535

- 4• Redundancy: The Aerigon IAH3 is built on robustness and redundancy To endure safe operations. The Aerigon IAH3 has twelve ( 12) motors and is
able to handle two (2) simultaneous motor failures without any reduction in operational control. The Aerigon IAH3 also has a coaxial motor configuration with redundant signals, speed controllers, and power supply. The Aerigon IAH3 further has a triple redundant power distr ibution system

.

• Ground Control Station Warnings: The Aerigon IAH3 has many visual and auditory operator cues for error conditions such as low battery, erroneous system parameters, and many other real time conditions. The Aerigon IAH3 GCS provides, among o thers, voltage feedback with vibrational and auditory low voltage warning for the pilot/operator. The system also has a b attery warning system for connection malfunctions and monitor’s motor temperature and provides warning on each arm (critical motor).

• F light Plan Boundary and Altitude Settings: The Aerigon IAH3 has the ability for the operator to set user definable boundaries for maximum and minimum flight altitudes and horizontal distance for a specific flight ‘corridor’ for safe operations.

• Flight Logic: The Aerigon IAH3 has safety return

- to

- home logic, which

executes return

- to

- home and land, including upon: e xc eeding a pre

- set flight parameter; loss of GPS; l oss of communications; violation of m ax or min a ltitude or horizontal boundary; and low v ol tage.
b

. Flight Operations Documents To ensure consistent safety operations, Intuitive Aerial has developed a comprehensive and
detailed set of flight operations documents (FO D ) for the Aerigon IAH3 UAS based on Intuitive 9 CHI

- 47535

- 4Aerial ’s extensive use and experience , procedures and notices provided by the UAS manufacturer , and guidance the FAA has provided to obtain exemption under Section 333

. The FOD is comprised of the Intuitive Aerial ’s Operations Manual , the Aerigon IAH3 Helicopter User Manual and Aerigon IAH3 Helicopter Technical Manual

. S ee Exhibit A (submitted on a confidential basis). 6 In seeking this exemption, Intuitive Aerial proposes to operate the Aerigon IAH3 pursuant

to the following specific operating limitations, as also addressed in the FOD :
1. The UA will not be flown at an indicated airspeed exceeding 87 knots

. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the aircraft manufacturer.
2. The UA will only be operated below 400 f ee t above ground level (AGL)

. Altitude will be reported in feet AGL.
3. The UA will be operated within visual line of sight (VLOS) of the pilot in command ( PIC )
at all times (unaided by a device other than corrective lenses).
4. All operations will use a visual observer ( VO )

. The UA will be operated within the
VLOS of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC al ways maintains VLOS cap ability. The VO and PIC will be able to communicate verbally at all tim es (electronic messaging or texting will not be used during flight operations). The PIC will be designated before the flight and will not transfer his or her designation for the durati on of the flight. The PIC will ensure that the VO can perform the duties required of the VO.
5. Any time the UA is operating, documents used by the operator to ensure the safe

6 In the event of any conflict between the FOD and the FAA’s Grant of Exemption pursuant to this Petition, the E xemption will control. 10 CHI

- 47535

- 4operation and flight of the UAS and any documents required under 14 C.F.R. § 91.9 and § 91.203 will be available to the PIC at the ground control station (GCS). Such documents will be made available to the Administrator or any law enforcement official

upo n request.
6. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe flight.
7. Prior to each flight the PIC will conduct a pre

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

- flight inspection will 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 UA will not be operated until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.
8. Any UAS that has undergone maintenance or alternations that affect its operation or flight characteristics, e.g. , replacem ent of a flight critical component, will undergo a functional test flight prior to conducting further operations

. Functional test flights will only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test f light will be conducted in such a manner so as to not pose an undue hazard to persons or property.
9. The operator will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the UA and its components.
10. The UAS will comply with all manufacturer safety bulletins.
11. The UAS shall be maintained in accordance with the FOD, including any amendments or updates thereto. All amendments or updates shall be tracked and a record of such amendments or updates shall be maintained and made available to the Administrator
11 CHI

- 47535

- 4upon request.
12. Record of the UAS maintenance, preventive mai ntenance, alternations, status of replacement/overhaul component parts, and the total time in service of the UAS shall be
documented and maintained in accordance with the FOD.
13. The UA will not be operated 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 center 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 will be made available to the Administrator or any law enforcement official upon request.
14. The UA will not be oper ated 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.
15. The PIC is required to abort the flight in the event of unprece dented obstacles or emergencies.
16. The PIC will not b egin 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 (5) minutes or with the reserve power recommended by
the manufa cturer if greater.
17. All operations will be conducted in accordance with an ATO

- issued Certificate of Waiver or Authorization (COA). Operator shall follow the conditions and limitations for the
FAA’s “blanket” Ce rtificate of Waiver or Authorization (COA) fo r flights at or below
200 feet AGL. https://www.faa.gov/news/updates/?newsId=82245 . For operations outside the blanket parameters, operator will obtain a separate COA specific to the
12 CHI

- 47535

- 4proposed operation

. 18. The UA will be marked with an identification (N

- Number) in accordance with 14 C.F.R. § 45.23 , such markings to be as large as practicable pursuant to 14 C.F.R. § 45.29(f) , and identified by a serial number registered in accordance with 14 C.F .R. Part 47.
19. The UA will at all times remain clear and yield the right of way to all other ma nned operations and activities.
20. The UAS shall not be operated by the PIC fr om any moving vehicle or device.
21. Upon loss of communicati on or GPS signal, the UA will return to a pre

- determined location with the private or controlled

- access property.
22. All flight operations will be conducted at least 500 feet from all nonparticipating person, 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 will 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, flight operations will be immediately terminated in a manner ensuring the safety of nonparticipating person; and
b. The owner/controller of any vessels, vehicles or structures h as 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 perso n are not considered nonparticipating

persons.
23. All operations will be conducted over private or controlled

- access property with
13 CHI

- 47535

- 4permission from the property owner/controller or authorized representative. Permission from property owner/controller or author ized representative will be obtained for each flight to be conducted.
24. UAS operations will not be conducted at night, as defined in 14 CFR § 1.1. All operations will be conducted under visual meteorological conditions (VMC). Flights under special visual f light rules (SVFR) will not be performed

. 25. The PIC will possess either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will also hold a current FAA airman certificate or a valid 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 will 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.
26. The operator will 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 oper ated under the requested exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles, and structures. PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs will 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 will operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.
27. Any incident, accident or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to
14 CHI

- 47535

- 4the FAA’s UAS Integration Office within 24 hours. Accidents will also be reported to the National Transportation Safety Board (NTSB). Further flight operations shall not be conducted until the incident, accident or transgression is reviewed by UAS Integration Office and authorization to resume operations is provided.
28. The UAS shall be o perated pursuant to the FOD, such materials to be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the FOD and the conditions and limitations directed by the Administrator in granting t he exemption, the conditions and limitation in the exemption take precedence
and will be followed.
29. For closed

- set motion picture and television filming and production operations, the operator will adhere to following additional conditions and limitation s :

a. The operator will have and operations will be conducted in accordance with a motion picture and t elevision operations m anual (MPTOM)

. S ee Exhibit B (submitted on a confidential basis)

. 7

b. At least three (3) days before aerial filming, the operator will submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming. The 3

- day notification may be waived with concurrence of the FSDO. The plan of activities will included at
least the following:
i. Dates and times of all flights;
ii. Name and phone number of the operator for the UAS aerial filming ; iii. Name and phone number of the person responsible for the on

- scene

7 In the event of any conflict between the MPTOM and the FAA’s Grant of Exemption pursuant to this Petition, the Exemption will control.
15 CHI

- 47535

- 4operation of the UAS;
iv. Make, model, and serial number or N

- number of the UA S to be used;

v. Name and certificate number of the UAS PICs involved in the aerial filming;
vi. 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 will be made available to the inspector upon request;
vii. Signature of operator or its representative;
viii. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducte d and the altitudes essential to accomplish the operation.

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

c
. Privacy
Intuitive Aerial will comply with all federal, state, and/or local privacy regulations that may apply in the areas in which Intuitive Aerial will operate the Aerigon IAH3 pursuant to this
Petition.
d

. Physical Security
In order to ensure its safe and proper us e , Intuitive Aerial will be the only operator of the
UAS and the UAS will at all times remain in Intuitive Aerial ’s custody

. 3. Intuitive Aerial ’s History of Safe Operations Flying the Aerigon IAH3

Intuitive Aerial ’s European affiliates have an extensive safety record operating the 16 CHI

- 47535

- 4Aerigon IAH3 in the same environments and conditions for which it seeks exemption through
this Petition. Intuitive Aerial ’s European affiliates flying the Aerigon IAH3 commercially
have logged hundreds of flight hours without incident. There have been no injuries or damage to persons or property on the ground and no collisions with other aircraft or objects
in the air.
4. Lack of Threat to the NAS, Public, or National Security
T hose rea sons addressed, including meeting Section 333( b)(1) criteria, Intuitive Aerial ’s
established record of safety , operations pursuant to the FOD , and the other factors discussed , demonstrate that the Aerigon IAH3 will be operated safely in the NAS without creating a hazard

to other aircraft or persons or property on the ground or pose a threat to national security

. For all of these reasons, Intuitive Aerial ’s proposed operations using the Aerigon IAH3 qualify for expedited approval of the sought exemption pursuant to Section 333 for the specified
uses and under the proposed operating requirements and restrictions.
F. Intuitive Aerial ’s Operations Pursuant to This Petition Qualify for Exemption Under Section 44701
.

Granting Intuitive Aerial ’s request for exemption would benefit the public and have no adverse effect on safety. Accordingly, Intuitive Aerial ’s operations pursuant to this Petition also qualify for an exemption from the FAA’s related safety regulations under Section 44701

. 1. Public Interest Benefits The public would greatly benefit from granting Intuitive Aerial ’s petition for exemption
so it can use the Aerigon IAH3

. The Aerigon IAH3 is a battery powered UAS that serves as a safe, efficient, and economical alternative to manned aircraft traditionally use for aerial photography in the motion picture industry

. No pilot or crew need be airborne, thereby providing for superior safety to persons and property in the air and on the ground than that provided by

17 CHI

- 47535

- 4manned aircraft performing the same operations. Granting the exemption would also reduce the
number of manned aircraft in the NAS and , as a result , reduce the environmental impact of such operations , as well as provide for better aerial imaging and production and, as a result, a more robust economy

. Using the Aerigon IAH3 also provides the benefit of greater operational flexibility and reduced cost when compared to manned aircraft. (a) Increased Aircrew Safety and Reduced Risk to P ersons/ Property On G round
Because the Aerigon IAH3 is unmanned, the proposed operations eliminate the risk to pilot
and crew associated with flying missions at low altitude , in confined airspace

. Further, g iven its
small size and weight and low air speed , using the Aerigon IAH3 also reduces the risk of damage or injury to persons or property on the ground , and in the air, were there to be a mishap

. (b) Reduced Environmental Impact
U sing the Aerigon IAH3 UAS instead of manned aircraft also benefit s the public by eliminating or greatly reducing air and noise pollution associated with traditional aerial video photography operations

. Because it is battery power ed (using rechargeable batteries) and uses
electric motors, the Aerigon IAH3 consumes no fuel and generates no air pollution , and creates very little noise . As a result, the public is benefited as a result of reduced enviro nmental impact,

r educed operator and other human exposure , and greater fuel conservation, which serves additionally to su pport our g overnment’s specific effort s to reduce the U.S.’s carbon footprint. 8 (c) Fewer Manned Aircraft In NAS and Reduced Need for ATC Handling
The Aerigon IAH3 also does not require a runway or helipad to takeoff or land and will not be operated within the proximity of any airports

. As such , fewer aircraft will need to be
handled by a ir t raffic c ontrol during ground, takeoff, departure, arrival, and landing phases.

8 Reducing the U.S.’s carbon footprint is a high priority and consistent with the U.S. Environmental Protection Agency’s regulatory efforts to phase out the use of fossil fuels

. 18 CHI

- 47535

- 4Operations pursuant to this Peti tion (unmanned, VLOS, below 400 ’ AGL , and not within proximity of airports) will further reduce the number of manned aircraft flying or transiting at or
above 500’ AGL to and from the areas of operations as well as congestion around airports due to
aircraft arrival and departure. (d) Superior Aerial Imagery and Increased Benefit to U.S. E conomy
B etter aerial footage can also be obtained using the small and nimble Aerigon IAH3 than can
be obtained using manned aircraft or other ground

- based methods

. Due to its small size and superior flight performance characteristics, the Aerigon IAH3 allows for images to be taken from certain
locations and angles and with better precision than using manned aircraft

. As a result, less time is
needed in the air to obtain the desired footage , which in addition to providing the benefit of fewer
aircraft in the NAS and associated reduced risk to objects and persons and property in the air and on the ground, reduced noise, etc., allows for the production of motion pictures , which benefit s

consumers
. This additionally ensures that companies such as Intuitive Aerial and its customers remain competitive and profitable, thereby providing their employees greater job stability, which ultimately contributes further to the U.S. econom y through increased consumer spending

. (e) Increased Operational Flexibility and Reduced Cost Using the Aerigon IAH3 also provides the benefit of greater operational flexibility and
reduced cost when compared to manned aircraft. Instead of each time having to hire a manned
aircraft at thousands of dollars/hour, subject to the pilot’s schedule and availability, Intuitive
Aerial an operate the Aerigon IAH3 , which it has purchased and outfitted at lower combined cost , innumerable times and at the convenience of Intuitive Aerial ’s and its customers schedules

. 2. No Adverse Safety Effects Granting Intuitive Aerial ’s Petition will also not adversely affect aviation safety or pose any undue risks to the public. The operations pursuant to this Petition will be in accordance with
19 CHI

- 47535

- 4Intuitive Aerial ’s FOD , MPTOM, and in c o m p li ance w i t h all applicable pub li c s a f e t y

r e q u i r e m en t s
. Accordingly, and as detailed herein, g ranting the requested exemption would not adversely affect safety. Indeed , as detailed below , operations pursuant to the limitations and guidelines addressed herein and in the FOD will provide a n equivalent or even higher level of to
those regulations from which Intuitive Aerial seeks exemption

. T he FAA has previously granted e x e m p t i ons in circumstances similar, in all material respects, to those presented herein

. See e.g. Exemption Nos. 11062, 11109, 11112, 11213

. For all of these reasons, Intuitive Aerial ’s operations pursuant to this Petition also qualify for an exemption under Section 44701

. G
. Exemption s Sought By Intuitive Aerial And Reasons For The Requested Relief
Pursuant to Section 333, Intuitive Aerial seeks an exemption from the requirements of 14
C.F.R. §§ 45.27(a), 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) and (b), 61.315(a) 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii) , 91.151(b) , 91.405(a), 91.407(a)(1) and (2) , 91.409(a) (1) and (2), 91.417(a) and (b)

. 1. Section 45.27(a). Location of marks; nonfixed

- wing aircraft

.

Section 45.27, entitled Location of marks; nonfixed

- wing aircraft , subsection (a) states (emphasis added): (a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23. To the extent subsection 45.27(a) may be deemed to apply to the Aerigon IAH3 , Intuitive
Aerial seeks an exemption from the subsection ( i.e., that the marks be displayed on both surfaces of the cabin, fuselage, boom, or tail) because the Aerigon IAH3 is of insufficient size to accommodate any such marking. Thus marking the Aerigon IAH3 as required by this subsection would not be possible.

20 CHI

- 47535

- 4An e q u i v a l ent l e v el of s a f e t y can be provided instead by marking the Aerigon IAH3 , as may be applicable, with lettering as large as practicable ( 14 C.F.R. § 45.29(f)) on its largest available surface so as to permit such marking to be displayed to pilot, crew, and others both
when the Aerigon IAH3 UA is in the a ir and on the ground

. 2. Section 61.23 (a) and (c). Medical Certificates: Requirements and duration

. Intuitive Aerial seeks and exemption from 14. C.F.R. 61. 23 (a) and (c). Section 61.23
entitled Medical certificates: Requirements and duration , subsections (a) and (c) state: (a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) of this section, a person

— (1) Must hold a first

- class medical certificate: (i) When exercising the pilot

- in

- command privileges o f an airline transport pilot certificate; (ii) When exercising the second

- in

- command privileges of an airline transport pilot certificate in a flag or supplemental operation in part 121 of this chapter that requires three or more pilots; or (iii) When serving as a required pilot flightcrew member in an operation conducted under part 121 of this chapter if the pilot has reached his or her 60th birthday. (2) Must hold at least a second class medical certificate when exercising: (i) Second

- in

- command pri vileges of an airline transport pilot certificate in part 121 of this chapter (other than operations specified in paragraph (a)(1)(ii) of this section); or (ii) Privileges of a commercial pilot certificate; or (3) Must hold at least a third

- class medical certificate

— (i) When exercising the privileges of a private pilot certificate; (ii) When exercising the privileges of a recreational pilot certificate; (iii) When exercising the privileges of a student pi lot certificate; (iv) When exercising the privileges of a flight instructor certificate and acting as the pilot in command;

21 CHI

- 47535

- 4(v) When exercising the privileges of a flight instructor certificate and serving as a required pilot flight crewmember; (vi) Whe n taking a practical test in an aircraft for a recreational pilot, private pilot, commercial pilot, or airline transport pilot certificate, or for a flight instructor certificate; or (vii) When performing the duties as an Examiner in an aircraft when admi nistering a practical test or proficiency check for an airman certificate, rating, or authorization. . . . (c) Operations requiring either a medical certificate or U.S. driver's license. (1) A person must hold and possess either a medical certificate issu ed under part 67 of this chapter or a U.S. driver's license when

— (i) Exercising the privileges of a student pilot certificate while seeking sport pilot privileges in a light

- sport aircraft other than a glider or balloon; (ii) Exercising the privileges o f a sport pilot certificate in a light

- sport aircraft other than a glider or balloon; (iii) Exercising the privileges of a flight instructor certificate with a sport pilot rating while acting as pilot in command or serving as a required flight crewmember of a light

- sport aircraft other than a glider or balloon; or (iv) Serving as an Examiner and administering a practical test for the issuance of a sport pilot certificate in a light

- sport aircraft other than a glider or balloon. (2) A person using a U.S. driver's license to meet the requirements of this paragraph must

— (i) Comply with each restriction and limitation imposed by that person's U.S. driver's license and any judicial or administrative order applying to the operation of a motor vehicle; (ii) H ave been found eligible for the issuance of at least a third

- class airman medical certificate at the time of his or her most recent application (if the person has applied for a medical certificate); (iii) Not have had his or her most recently issued medic al certificate (if the person has held a medical certificate) suspended or revoked or most recent Authorization for a Special Issuance of a Medical Certificate withdrawn; and (iv) Not know or have reason to know of any medical condition that would make th at person unable to operate a light

- sport aircraft in a safe manner. In general, subsection 61.113(a) and (c) require that holders of certain classes of pilot’s licenses hold medical certificates in order to operate certain aircraft. Intuitive Aerial see ks an

22 CHI

- 47535

- 4exemption from these subsections to allow its PICs to only hold a U.S. issued driver’s license. In exemption no. 11213, the FAA previously found that because of the risk mitigations established in the conditions and limitations of that exemption (wh ich are substantially similar to the conditions and limitations set forth above), a person that holds a U.S. issued driver’s license who is operating a UAS will not adversely affect safety.
3. Section 61.101 (e)(4) and (5) Recreational pilot privileges and limitations

. Intuitive Aerial seeks and exemption from 14 C.F.R. 61.101 (e)(4) and (5). Section 61.101, entitled Recreational pilot privileges and limitations , subsections (e)(4) and (5) state: (e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may not act as pilot in command of an aircraft

— (4) For compensation or hire; (5) In furtherance of a business; In general, subs ec t i ons 61

. 101 (e)( 4 ) and ( 5 ) prohibit a recreational p il o t from conducting

co m m e r c i al ope r a t i on s . Intuitive Aerial seeks exemption from the subsections because t he UA S

w i l l not ca rr y a p il o t , passe n g e r s or property (other than a camera). In exemption no. 11213, the FAA previously found that holders of recreational pilot certificates may serve as PIC for UAS operations as they have demonstrated aeronautical knowledge relevant to UAS operations, are subject to Department of Homeland Security screening, and risk is also mitigated through conditions and limitations regarding PIC training.
4. Section 61.113(a) and (b). Private pilot privileges and limitations: Pilot in command

. Intuitive Aerial seeks an exemption from 14 C.F.R. 61.113(a) and (b). Section 61.113,
entitled Private pilot privileges and limitations: Pilot in command , subsections (a) and (b) state (emphasis added): (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying

23 CHI

- 47535

- 4passengers or property for compensation or hir e; nor may that person, for compensation or hire, act as pilot in command of an aircraft

. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only i ncidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. In general, subs ec t i ons 61

. 113 ( a ) and ( b ) prohibit a p r i v a t e p il o t from conducting

co m m e r c i al ope r a t i on s . Intuitive Aerial seeks exemption from the subsections because t he UA S

w i l l not ca rr y a p il o t , passe n g e r s or property (other than a camera). As addressed, the Aerigon
IAH3 is a very light, remotely controlled UAS with no persons or property on board. The area of operations is generally remote or sparsely populated. Each f li g h t is p l anned and fully

coo r d i na t ed i n a d v ance in accordance with those procedures provided in the FOD

. Thus t he r i s k

assoc i a t ed w i t h the proposed ope r a t i on s is so d i m i n i shed fr om that ass o c i a t ed w i t h co m m e r c i al

ope r a t i ons con t e m p l a t ed by P a r t 61, t hat a ll o w i ng a PIC having a private pilot certificate , rather than a commercial certificate, the minimum flight hour and qualification criteria, and operating according to the limitations and guidelines provided herein , provides a level of safety that

e x ceeds t hat p r o v i ded by a pilot having a co mm e r c i al ce r t i f i ca t e op e r a t i n g a con v en t i onal a i r c r a f t

as required under the regulations

. Further, the FAA now allows for commercial UAS operations under the sought exemption by those who hold a sport or recreational airman certificate. See https:// www.faa.gov/news/updates/?newsId=82485 . As addressed herein, the PIC pursuant to this Petition will possess at least a sport pilot certificate. The PIC will also hold a current FAA airman certificate or a valid 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 will 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

. 24 CHI

- 47535

- 4T he FAA has previously granted e x e m p t i ons in circumstances similar, in all material respects, to those presented herein

. See e.g. Exemption Nos. 11062, 11109, 11112, 11213

. 5. Section 61.315(a) What are the privileges and limitations of my sport pilot certificate?
Intuitive Aerial seeks and exemption from 14 C.F.R. 61.315(a). Section 61.315, entitled What are the privileges and limits of my sport pilot certificate , subsections (a) states: (a) If you hold a sport pilot certificate you may act as pilot in command of a light

- sport aircraft, except as specified in paragraph (c) of this section. In general, subs ec t i on 61

. 315(a) prohibit s a sport p il o t from being a PIC of anything other than a light

- sport aircraft
. Intuitive Aerial seeks exemption from the subsections because t he
UA S w i l l not ca rr y a p il o t , passe n g e r s or property (other than a camera). In exemption no. 11213, the FAA previously found that holders of sport pilot certificates may serve as PIC for UAS operations as they have demonstrated aeronautical knowledge relevant to UAS operations, are subject to Department of Homeland Security screening, and risk is also mitigated through conditions and limitations reg arding PIC training.

3. Section 91.7(a). Civil Aircraft Airworthiness

. Either finding that Intuitive Aerial meets the Section 333 criteria or exemption from the airworthiness certification requirement under 14 C.F.R. Part 21 renders subsection 91.7(a) inapplicable.
Section 91.7, entitled Civil aircraft airworthiness , subsection (a ) states (emphasis added):

“ No person may operate a civil aircraft unless it is in an airworthy condition .” T here is no FAA standard by which such a determination of airworthiness can be made. Nonetheless, given t he limitations and procedures , as con t a i ned herein, and in t he FOD , for maintaining the aircraft and checking it before each flight to ensure that it is in peak operational condition, an e q u i v a l ent

25 CHI

- 47535

- 4l e v e l o f s a f e t y w il l be p r o v i ded.
4

. Section 91.105. Flight crewmembers at stations

. Intuitive Aerial seeks an exemption from 14 C.F.R. 91.105. Section 91.105, entitled Flight
crewmembers at stations , states (emphasis added): (a) During takeoff and landing, and while en route, each required flight crewmember shall

— (1) Be at the crewmember station unless the absence is necessary to perform duties in connection with the operation of the aircraft or in connecti on with physiological needs; and (2) Keep the safety belt fastened while at the crewmember station. (b) Each required flight crewmember of a U.S.

- registered civil aircraft shall, during takeoff and landing, keep his or her shoulder harness fastened while at his or her assigned duty station . This paragraph does not apply if

— (1) The seat at the crewmember's station is not equipped with a shoulder harness; or (2) The crewmember would be unable to perform required duties with the shoulder harness fastened. In general, S ec t i on 91

. 105 requires pilot and crew to be at their duty stations and harnessed during flight
. Intuitive Aerial seeks exemption from the Section 91.105 because the Aerigon IAH3 is by definition an unmanned aircraft, having neither pilot nor crew so as to be stationed or harnessed as required by the regulation. An e q u i v a l ent or even higher l e v el of s a f e t y

can be provided instead by using an unmanned aircraft controlled by a PIC who at all times is
located at and controls the UAS from the GCS.
5

. Section 91.119(c). Minimum safe altitudes

. Intuitive Aerial seeks an exemption from 14 C.F.R. 91.119(c). Section 91.119, entitled Minimum safe altitudes: General , subsection (d) states (emphasis added): Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

***
26 CHI

- 47535

- 4(c) Over other than congested areas. An altitude of 500 feet above the surface , except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.
Sec t i on 91

. 119(c) e s t ab li shes s a f e a l t i t ud e s f or ope r a t i on o f c i v i l a i r c r a f t over other than congested areas

. Intuitive Aerial seeks exemption from subsection 91.119(c) because, pursuant to this Petition, t he Aerigon IAH3 w il l at all times be ope r a t ed below 400 feet A G L

. An e q u i v a l ent or even higher l e v el of s a f e t y can be provided instead by, as provided herein, ope r a t ed below 400 feet A G L, so as to deconflict with manned vehicles operating above
500 feet AGL , within the VLOS of the PIC with the assistance of a VO so as to ensure the safety of and deconfliction with any persons or property in the air and on the ground , including participating and non

- participating personnel, away from who the UA would generally be
restricted as addressed herein . Further t he Aerigon IAH3 flight operations will be m on i t o r ed at
all times by bo t h t he PIC and VO and will be i n c o m p li ance w i t h l ocal pub li c s a f e t y

r e q u i r e m en t s , so as to prevent access to t he restricted a r eas o f ope r a t i on. The FAA has previously granted e x e m p t i ons in circumstances similar, in all material respects, to those presented herein

. See e.g. Exemption Nos. 111062 (Astraeus Aerial), 11063 (Snaproll Media LLC), 11064 (RC Pro Productions Consulting, dba Vortex Aerial), 11065 (HeliVideo Productions, LLC), 11066 (Aerial MOB, LLC) and 11067 (Pictorvision Inc.). See
also e.g. Exemption Nos. 11109, 11112, 11213

. 6

. Section 91.121(a)(1)(iii). Altimeter settings

. Intuitive Aerial seeks an exemption from 14 C.F.R. 91.121(a)(1)(iii). Section 91.121,
entitled Altimeter settings , states in relevant part (emphasis added): (a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

— (1) Below 18,000 feet MSL, to

—

27 CHI

- 47535

- 4*** (iii) In the case of an aircraft n ot equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure
Subsection 91.121(a)(1)(iii) r e q u i r es persons ope r a t i n g a n a i r c r a f t t o m a i n t a i n a l t i t ude by

r e f e r ence t o an a l t i m e t er s e t “t o t he e l e v a t i on o f t he depa r t u r e a i r p o r t or an ap p r op r i a t e a l t i m e t er

s e tt i n g a v a il ab l e b e f o r e dep a rt u r e
. ” Intuitive Aerial seeks exemption from subsection 91.121(a)(1)(iii) because the Aerigon IAH3 does not use or have on board a typical barometric altimeter as contemplated by the regulation. Instead, the Aerigon IAH3 continuously downlinks
GPS altitude information from the UA to the PIC at the GCS to maintain altitude.
A n e q u i v a l ent l e v el of s a f e t y w i l l be p r o v i ded instead by operating the UA below 400
feet A G L within the VLOS of the PIC (with the assistance of a VO) with GPS altitude information downlinked from the UA to the PIC to maintain altitude and ensure safety. Prior to each flight, a zero altitude/AGL will be established at the launch site shown on the GPS altitude
indicator and confirmed for accuracy by the PIC.
The FAA has previously granted e x e m p t i ons in circumstances similar, in all material respects, to those presented herein

. See e.g. Exemption Nos. 111062 (Astraeus Aerial), 11063 (Snaproll Media LLC), 11064 (RC Pro Productions Consulting, dba Vortex Aerial), 11065 (HeliVideo Productions, LLC), 11066 (Aerial MOB, LLC) and 11067 (Pictorvision Inc.). See also e.g. Exemption Nos. 11109, 11112, 1121 3

. 7

. Section 91.151(b). Fuel requirements for flight in VFR conditions.
Intuitive Aerial seeks an exemption from 14 C.F.R. 91.151(b). Section 91.151(b), entitled Fuel requirements for flight in VFR conditions , states (emphasis added): (b) No person may begin a flight in a rotorcraft 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, to fly after that for at lea st 20 minutes

. 28 CHI

- 47535

- 4Though the Aerigon IAH3 is an unmanned aircraft, and thus would not begin a flight with a person in it as the regulation contemplates, to the extent the regulation applies to the Aerigon IAH3 , Intuitive Aerial seeks an exemption from this s ubsection because t he ba t t e r y
po w e r i ng t he UA S only p r o v i des for app r o x i m a t e l y 15 m i nu t es o f f l i g h t, and therefore would not meet the 20 minute reserve required by the regulation.
A n e q u i v a l ent l e v el of s a f e t y can be ach i e v ed instead by l im i t i ng the Aerigon IAH3
f

l i g h t s so there is enough available power for the UA to conduct the intended operation and to operate after that for at least five (5) minutes or with the reserve power recommended by the manufacturer if greater

. Given that the Aerigon IAH3 , weighing 24 lbs. (with batteries) and flying at less than 2 7
knots , will be operated within the VLOS of the PIC, within the confines of the particular landowner’s property with prior written consent of the landowner and participating and non

participating film personnel, this restriction would provide more than enough battery reserve to accommodate a safe return to the landing zone from anywhere in the operating area with no
adve rse effect on the safety of persons and property in the air or on the ground.
The FAA has previously granted e x e m p t i ons in circumstances similar, in all material respects, to those presented herein ( e.g. Exemption Nos. 11062 (Astraeus Aerial), 11063 (Snaproll Media LLC), 11064 (RC Pro Productions Consulting, dba Vortex Aerial), 11065 (HeliVideo Productions, LLC), 11066 (Aerial MOB, LLC) and 11067 (Pictorvision Inc.). See
also e.g. Exemption Nos. 2689, 5745, 10650 ( granted exemption to manned aircraft to operate at less than the minimums prescribed in Section 91.151) and Exemption Nos. 8811, 10808, 10673 (granted similar relief for UAS for day VFR conditions). See also e.g. Exemption Nos. 11109, 11112, 11213

.

29 CHI

- 47535

- 48

. Sections 91.405(a), 91.407(a)(1), 91.409(a) (1) and (2), 91.417(a) and (b). Maintenance inspections and recording

. Section 91.405(a) , entitled Maintenance required , states: Each owner or operator of an aircraft

— (a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter ; Section 91.407(a)(1) , entitled Operation after maintenance, preventive maintenance, rebuilding,
or alteration , states: (a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

— (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter;
Section 91.409 (a) (1) and (2) , entitled Inspections , states: (a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

— (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this ch apter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter

. No inspection performed under paragraph (b) of this section may be substituted for any inspection required by this paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an “annual” inspection in the required maintenance records.
Section 91.417(a) and (b) , entitled Maintenance records , state: (a) Except for work performed in accordance with §§ 91.411 and 91.413 , each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and oth er required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

— 30 CHI

- 47535

- 4(i) A description (or reference to data acceptable to the Administra tor) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances ar e maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engin es, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by o ther work or for 1 year after the work is performed. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. In general, t hese r e g u l a t i ons r e q u i r e t h a t an airworthy certificated a i r c r a f t be i nspec t ed as
p r e s c r i bed i n 14 C.F.R. Part 91, S ubpa r t E (Maintenance, Preventive Maintenance, and

31 CHI

- 47535

- 4Alterations), any d i sc r epanc i es be r e pa i r ed and the aircraft be approved for return to service a s
p r e s c r i bed i n P a r t 43 ( Maintenance, Preventive Maintenance, Rebuilding, and Alterations ) and that any work on the aircraft be recorded and such records maintained.
Intuitive Aerial seeks an exemption because , as addressed, the Aerigon IAH3 will operate pursuant to this Petition without airworthiness certification

. An e q u i v a l ent l e v el of s a f e t y can be provided instead by requiring, as provided herein, that inspections and m a i n t enance be

acc o m p li shed according t o t he FOD

. A mong other things , the UAS will be inspected prior to each flight to confirm that it is in good w o r k i n g o r der, any maintenance or repairs will be

p e r f o r m ed and l o g ged , and , upon any work being performed on the UA, the UA will be checked and approved for flight by qualified Intuitive Aerial personnel before being returned to service

. No pilot or crew need be airborne flying a heavy, fuel

- ladened aircraft, the reby providing for superior safety to persons and property in the air and on the ground

. Further, all flights will be
conducted during the day below 400 feet AGL within the VLOS of the PIC with the assistance of a
VO so as to ensure within the boundaries of the consenting landowner’s property and deconfliction with objects in the air and on the ground. N o f l i g h t w il l be t a k en w i t hout advance notice being given to and obtaining t he p e rm i ss i on o f t he p r ope r t y o w ner and all pa rt i c i pating and non

participating film personnel

. Given the Aerigon IAH3 ’s light w eight, slow speed and l o w
a l t i t ude ope r a t i ons there is little risk of any damage to persons or property in the air or on the ground should a maintenance issue present itself when airborne. Accordingly, any risk associated
with using the Aerigon IAH3 as proposed i s significantly reduced when compared to that

p r esen t ed by using manned ai r c r a f t to condu ct the same operations

. T he FAA has previously granted e x e m p t i ons in circumstances similar, in all material respects, to those presented herein

. See e.g. Exemption Nos. 11062, 11063, 11064, 11065,
11066 , 11066A, 11067 , 11067A, 11109, 11110, 11111, 11112, 11114, 11136, 11138, 11150,
32 CHI

- 47535

- 411153, 11156, 11157, 11158, 11159, 11160, 11161

. H
. A Summary That Can Be Published In The Federal Register, s tating:
The Rules From Which Intuitive Aerial Seeks Exemption:
Intuitive A erial, Inc. seeks exemption from the requirements of 14 C.F.R. §§ 45.27(a), 61.23(a) and (c), 61.101(e)(4) and (5) , 61.113(a) and (b), 61.315(a), 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii) , 91.151(b) , 91.405(a), 91.407(a)(1), 91.409(a)(1) and ( 2 ),and 91.417(a) and (b)

. A Brief Description Of The Nature Of The Exemption Intuitive Aerial Seeks: Approval of the above mentioned exemptions will allow Intuitive Aerial to operate the Aerigon IAH3 for compens ation in the National Airspace S ystem. In relation to current aerial photography operations of manned aircraft operators , such exemptions will increase safety, reduce risk to person and property on the ground, decrease carbon emissions, reduce the need fo r Air Traffic Control handling, and provide better aerial surveying footage. The Aerigon IAH3 runs on rechargeable batteries and does not carry any persons on

- board. Intuitive Aerial ’s customer’s will also benefit from greater operational flexibility and lower costs as Intuitive Aerial can operate the Aerigon IAH3 at a lower cost than traditional manned aircraft doing the same job. Specifically, Intuitive Aerial is seeking exemptions to allow: (1) The Aerigon IAH3 to be marked with its registration number as large as practicable on its largest available surface ; (2) A t least a sport pilot certificated airman with a valid U.S. driver’s license to operate the Aerigon IAH3 as the Pilot in Command; (3) Operate the Aeri gon IAH3 even though it has n ot been certified as airworthy; (4) Allow the Pilot in Command to control the Aerigon IAH3 from the controls that are located at the ground control station; (5) Operate the Aerigon IAH3 below 400 feet AGL ; (6) Operate the Aerigon IAH3 with continuous downlinks of GPS altitude information from the UA to the PIC at the GCS to maintain altitude instead of a barometric altimeter; (7) Conduct operations limited to the greater of the power needed to conduct the intended operatio n plus an additional five minutes or the reserve power recommended by the manufacturer ; and (8) Conduct inspections and maintenance in accordance with th e Intuitive Aerial ’s Flight Operations Documents.
I. C onclusion
A ccordingly, a s set forth above, Intuitive Aerial seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012, to permit safe operation of the Aerigon IAH3 commercially, without an airworthiness certificate, for the special 33 CHI

- 47535

- 4purpose of conducting photography and videography operations

. By granting this Petition, the
FAA Administrator will be fulfilling the Congressional mandate of Section 333 of the FAA
Modernization and Reform Act of 2012 to expedite approval of operations of certain UAS in the
NAS , while also advancing the interests of the public

. WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA
Modernization and Reform Act of 2012, Section 333, Intuitive Aerial, Inc. respectfully requests
that the Administrator grant this Petition for an exemption from the requirements of 14 C.F.R. §§ 45.27(a), 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) and (b), 61.315(a), 91.7(a), 91.105, 91.119(c), 91.121(a)(1)(iii) , 91.151(b) , 91.40 5(a), 91.407(a)(1), 91.409(a)(1) and ( 2 ) , and 91.417(a) and (b)

.

Dated: August 14 , 2015 Respectfully submitted,
Husch Blackwell LLP

/s/ Thomas L. Gemmell Thomas L. Gemmell
HUSCH BLACKWELL LLP 120 South Riverside Plaza, 22nd Floor Chicago, Illinois 60606 Tel: (312) 655

- 1500 Fax: (312) 655

- 1501 Attorney for Petitioner

34 CHI

- 47535

- 4