June 1, 2015

Exemption No. 11723 Regulatory Docket No. FAA

– 20 15

– 0093

Mr. Kyle Matthew

Director Offshore Aviation, LLC

14321 Sedwick Avenue

P.O. Box 1201 Solomons, MD 20688

Dear Mr. Matthew :

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

By letter posted to the docket on January 15. 2015 , you petitioned the Federal Aviation Administration (FAA) on behalf of Offshore Av iation

, LLC ( hereinafter petitioner or

operator ) for an exemption. The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial filming production for real estate marketing, feature films, television commercials, documentaries, construction survey, 3

– D mapping, and educational research and development.

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

.

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

Airworthiness Certification

The UAS proposed by the petitioner are the Vulcan SkyHook Mantis and Vulcan Raven

.2

The petitioner requested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H

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

− 95 in reference to 49 U

. S

. C

. § 44704, and in consideration of the size, weight, speed, and limited operating area associated with the

aircraft and its operation, the Secretary of Transportation h as determined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from

14 CFR part 21 and any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our De cision

You have requested to use a UAS for aerial data collection and closed set motion picture and filming . The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

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

FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and

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

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

—

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

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you pre sent; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Offshore Aviation, LLC is granted an exemption from

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

limitations listed below.

Conditions and Limi tations

In this grant of exemption, Offshore Aviation, LLC is hereafter referred to as the operator.3

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

1. Operations authorized by this grant of exemption are limited to the Vulcan SkyHook

Mantis and Vulcan Raven when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to
amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are permitted.

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

aircraft manufacturer.

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

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

- issued airman medical certificate or

U.S. driver’s license.

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

e lectronic messaging or texting is not permitted during flight 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 UAS 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 limitatio ns herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revis ions and present updated and revised4

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 op erator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS

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

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo

a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such

a manner so as to not pose an undue hazard to persons and property.

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

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

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

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

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

components.

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

bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a
state, the District of Col u mbia, Puerto Rico, a territory, a possessio n, or the Federal

government. The PIC must also meet the flight revi ew 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 opera te 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 cu rrency must be logged in a manner consistent with5

14 CFR § 61.51(b). Flights for the purposes of training the operator’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

- buildin g 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 center of the airport symbol as denoted on the current FAA

published aeronautical chart, unless a letter of agreement with that airport’s

manag ement is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

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

determined location within the privat e 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 f or the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operati ons 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 aircraft operated in accordance wit h 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 practicable.6

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

doc uments 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 from any moving device or vehicle.

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

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

from the UA an d/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, flight operations mu st 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 assessment of

the r isk of operating closer to those objects and determined that it does not present an undue hazard.

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

27. All operations shall be conducted over private or 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 flight to be conducted.

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

- 80) within 24 hours. Accidents must be reported to the Nat ional Transportation Safety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

.

If this exemption permits operations for the purpose of closed

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

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.7

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

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

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

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

- scene op eration of the UAS;

d. Make, model, and serial or N

- Number of UAS to be used;

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

f. A statement that the operator has obtained permission from property owners

and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

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

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

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.

This exemption terminates on June 30, 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Servic e

EnclosuresU.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room w12

- 140 1200 New Jersey Ave., SE Washington, DC 20590

Re: Petition of Offshore Aviation LLC for an Exemption Pursuant to Section 333 of the

FAA Modernization and Reform Act of 2012

Petition for Exemption Filed under Section 333 of the FAA Reform Act and Part 11 of the Aviation Regulations.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Offshore Aviation LLC, a Maryland limited liability company, hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow it to operate a s mall Unmanned Aircraft Sys tem ( UAS) under the

conditions and limitations set forth in this Petition. The areas of aeri al filming production

include real e state marketing, feature films, television commercials, documentaries, construction survey, 3

- D mapping, and educational researc h & development

.

This exemption is made based on information outlined in this petition (Appendix A) , as well as the accompanying VulcanUAV and DJI Manual s ( Appendix B ), Offshore

Aviation LLC’s Standard Operation Procedures (SOPs) ( Appendix C ) , Pilot Chec klists, Briefing Guide ( Appendix D ), and UAS photos and specifications ( Appendix E )

.

Introduction

Offshore Aviation LLC is a professional production company specializing in aerial digital media. The company, which was founded by professional military an d commercial aviators, intends to operate aerial camera systems for commercial photography and videography in the United States.

Offshore Aviation LLC has years of experience demonstrating UAS technology and has a history of supporting academic research and development (R&D ) projects. The company’s pilots and camera operators have participated in numerous student science and R&D projects in Maryland, Virginia, and Washington DC and are widely recognized as experts in UAS design and flight operations.

Offshore Aviation LLC’s comprehensive operations and training programs are based on

sound military techniques and procedures. We use professionally designed U AS (s) that are supported by technical manuals, military style maintenance programs, and operational standards designed to promote safe and effective operations.

Our UAS pilots have FAA Commerci al multi

- engine rating s and hold current class II or higher medica l certificate s . In addition to t hese advanced ratings our D irector of UAS

O perations, Chief UAS P ilot and I nstructor has accumulated over 2,500 military jet h ours and over 2,000 military UAS hours. He has a Master’s Degree in Aerospace Engineering, is a graduate of United States Navy Test Pilot School, United States NavalAviation Safety School and has been flying in the radio control aircraft hobby for over 16

years. He bring s this wealth of knowledge and ex perience to our professional UAS operations.

Specifically, the UAS s are :

Two lightweight (< 30 .0 lbs gross weight with all on

- boar d equipment), battery operated

6 and 8

- motor rotorcraft in the form of a Hex a copter (Mantis) & Oc tocopter (Raven) that

take

- off and land vertically. The airframes are man ufactured by VulcanUAV and

electronics are manufactured by DJI , with the following equipment:

 An on

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

- based transmitter/controller;

 An on

- b oard camera capable of capturing imagery in the form of full color, high definition still photos and video;

 Onboard camera and gimbal is controlled by separate controller operated by

dedicated Payload Operator (PO) ;

 An on

- board telemetry system that delivers flight data from the on

- board flight computer to the on

- board radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight and direction back to its launch site;

 A 600mW, 5.8GHz on

- board radio transmitter th at transmits live video from the

on

- board camera plus all the flight data from the telemetry system described above;

The Ground Station Includes:

 A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who controls the UAS while in the air;

 A 500mW, 433M Hz radio transmitter/controller operated by the PIC to control the UAS while in flight;

 A 100mW, 2.4G Hz radio transmitte r/controller operated by the PO to control the camera and gimbal while in flight;

 A radio receiver receiving live video and flight data from the on

- board camera and computer projects it all together onto a screen for the PIC to view during flight if needed ;

 A radio receiver receiving live video and flight data from the on

- board camera

and com pu ter projects it all together i nto a pair of video goggl es for the PO to view during flight

.

Proposed Operations :

Offshore Aviation LLC intends to use the UAS s in three general areas. First, Offshore

Aviation LLC seeks an exemption to perform video filmin g and photographing by air for public and private use. Second, it will employ UAS’s to inspect land, residential commercial and industrial structures and property. Third, Offshore Aviation LLC seeks permission to use UAS s to offer training to persons, from both private and public entities, which are interested in the safe operation of UAS.Specifically, Offshore Aviation LLC will use UASs which are equipped with cameras

and sensors, in order to engage in the following commercial activities: (a) Video fil ming by air and photographing for public and private purposes, i ncluding: cinematography, educational research & development, f eature films and documentaries. (b) Video filming by air and photographing to support professional operations in engineering, lan d surveying, architecture, real estate and other related professional

activities. (c ) Inspections by air of infrastructure such as bridges, highways, electrical installations, dams, aqueducts, photovoltaic power stations, wind farms and pipes. These inspec tions will only be done under contract with the owners or with any local government authority. (d ) Inspection by air of land and residential, commercial and industrial structures, only under contract with the owners or with any local government authority. (e ) Inspections by air to detect sources of pollution and gas emissions, under contract with the owners in the area or with any local government authority. (f ) Support provided to search and rescue operations and rec onnaissance in cases of need,

em ergency or natural disasters and only when government authorities have requested it by contract or donation. (g ) Offshore Aviation LLC is avid believer that offering training to persons, private and public entities, which are interested in the s afe use of UAS (s), will enhancing the ir skills and safety controls which make th e NAS safer and further protects persons and property.

Relevant Statutory Authority :

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the

FAA Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit unm anned aircraft systems to operate in the National Air Space ("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 in close proximity to airports and popul ated areas; and • 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 authority 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) would 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).

Offshore Aviation LLC p roposed UAS Operations Meet the Requirements of Section 333

of the Reform ActOffshore Aviation LLC 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.

Approval is Warranted Based on the UAS Size, Weight, Speed, and Operational Capability :

Offshore Aviation LLC will empl oy the UASs (Vulcan Mantis & Vulcan Raven) for the operations specified in this Petit ion for exemption. The Mantis UAS has a maximum

take

- off weight of 1 7 pounds; the Raven has a maximum take

- off weight of 29 pounds.

T he flight speed will not exceed 30 miles per hour, and it will not be flown in controlled airspace without pri or permission from the controlling agency or at an altitude that exceeds 400 feet AGL. All flights will be flown in such a way that they can be safely

terminated with a reserv e battery power of 25 % of the battery's m aximum charge. The

Vulcan UASs do not ca rry any flammable prope llant or fuel. They have an integrated GPS system that calculates the UAS’s position and height and relays that information via a secure connection to the operator s

. Additionally, the Vulcan UAS s contain a failsafe

mode which activat es if its connection to the remote control is lost or can via a switch on

the PICs transmitter/controller , and this system permits the UAS to return to a predetermined location and land with out injury or damage. For added safety, the Vulcan Raven UAS is eq uipped with bright LED position lighting in the standard FAA configuration (red, green and white strobe). These can be easily seen during the day and give positional awareness to PIC and other aircraft.

Approval is Warranted Based on the Operational Rest rictions Set Forth in the Operations

Manual:

The Offshore Aviation LLC S O Ps

, Pilot Checklists and Briefing Guide , plus the

VulcanUAV and DJI operator’s manual s contain all of the procedures and limitations necessary to successfully perform the operations specified in this Petition for Exemption. (Appendices B , C & E ).

Public Interest :

The public interest will be served by granting Offshore Aviation LLC Petition for Exemption. Congress has established a national policy that favors early integration of UASs into the NAS in controlled, safe working environments such as those proposed in this Petition. In addition, the public also has an interest in reducin g the hazards associated with alternate methods of conducting similar aerial photographic operations. Currently

opera tions are conducted using teams that climb structures using ladders to position equipment

, or l ow flying helic opters and aircraft . By using UAS, exposure to phy sical hazards will be reduced by conducting the operation while remaining safely on the ground.

Additionally, Offshore Aviation LLC’s intended uses for the UAS’s have identifiable safety benefits that include reducing the danger and e missions associated with full s izeaircraft

, such as dangerous fuels, vastly lower noise pollution, vulnerable aircrew and

public safety in general. If there is a mishap with the UAS the impact to persons and property is far less than if a full size aircra ft is involved.

Federal Register Summary :

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Offshore Aviation LLC seeks an exemption from the following rules: Parts 21; §§ 45.23(b); 27; 61.113(a) and (b); 61.3; 91.7(a); 91.9(b)(2); 91.103; 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) of Title 14, Code of Federal Regulations (1 4 CFR). The exemption will enhance safety by reducing risk to the general public and property owners from the substantial hazards associated with performing equivalent work with conventional aircraft, rotorcraft, or other methods.

Conclusion :

Offshore Av iation LLC Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act of 2012 including weight, speed, opera ting capabilities, proximity

to airports and populated areas, operation within visual line of sight and national sec urity. Additionally, the Petition provides more than adequate justification for the grant of the requested exemptions to permit Offshore Aviation LLC to operate the selected UAS s for the operations specified herein.

Granting the exemption will benefit the public interest as a whole in several ways, including (1) significantly improving safety and reducing risk by alleviating human exposure to danger, and (2) improving the quality of services and decreasing operating costs compared with conventional flight operations.

Very Respectfully, Kyle Matthew

Director

, Offshore Aviation

14321 Sedwick ave

PO Box 1201 Solomons, MD 20688 Kyle.matthew@offshorepix.comAppendix A

The regulat ions from which the exemptions is re quested are listed below, underneath

each are our proposed equivalent lev el of safety :

Parts 21,§§ 45.23(b); 27, 61.113(a) and (b) 61.3; 91.7(a); 91.9(b)(2); 91.103; 91.109; 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR).

Exemptions Requested :

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under§ 40101 of the Act, including UASs, from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest.

Offshore Aviation LLC seeks an exemption from several interrelated provisions of 14

C.F.R. Parts 21, 27, 45, 61 and 91 for purposes of conducting the requested operations using a UAS. Listed below are the specific sections of 14 C.F.R. for which exemption is sought:

14 C.F.R. Part 21, Subpart H

- Airworthiness Certificates :

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same application. (Regulatory Docket No.

FAA

- 2014

- 0352). Th ese criteria are met, and therefore no exemption is needed.

Equivalent Level of Safety :

The UAS s selected by Offshore Aviation LLC are safe when taking into account their size, weight, speed, and operational capab ility. The UASs weigh less than 30 pounds a nd will be flown at less than 30 miles per hour and outside controlled airspace unless prior permission is granted by controlling agency . Additionally, the UAS s carry neither pilots nor passengers, carry no explosive materials and or flammable liquid fue ls, and operate exclusively within the parameters stated in the Operator’s Manual s and SOPs

.

Operations under this exemption will be closely controlled and monitored by the operator and will be conducted in compliance with local public safety and security requirements

. Offshore Aviation LLC will also provide the FAA with advance notice of all operations via NOTAMS and coordination with the local FSDO. In all cases, the UAS operated under the proposed conditions, will be at least as safe as, or safer than c onventional rotorcraft operating with an airworthiness certificate without the restrictions and conditions of the proposed UAS operations.14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

14 C.P.R. Part 27 sets forth the procedural r equirements for airworthiness certification of normal category rotorcraft. To the extent the Offshore Aviation LLC UAS s would otherwise require certification under Part 27, we seek an exemption from Part 27's

airworthiness standards for the same reasons id entified in the request for exemption from 14 C.F.R. Part 21, Subpart H.

14 C.F.R. §§45.23(b), Display of marks; general

These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 2 inches hig h. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The UAS does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not ha ve a registration number assigned to it by the FAA.

Offshore Aviation LLC proposes to achieve an equivalent level of safety by including the word "EXPERIMENTAL" as large as practicable on the top of the airc raft, where the PIC, PO and others in the vicini ty of the aircraft while it is preparing for launch will be able to see the designation. Finally, the ground station will display a high contrast flag or

banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Th e banner should be visible to anyone that observes the aircraft and chooses to investigate its point of origin.

In a previous Grant of Exemption, Regulatory Docket No. FAA

- 2014

- 0352, the FAA determined that exemption from these requirements was warranted provided that the aircraft "have identification (N

- Number) markings in accordance with 14 C.F.R part 45, Subpart C if the markings are as large as practicable."

14 CFR § 61.113 (a) and (b); 61.3 (c,2

- v): Private Pilot Privileges and Limitations,

Medical Certificate :

Although all current Offshore Aviation LLC PICs hold a commercial pilot certificate and class II or high medical we seek exemption from 14 C.F.R § 61.113, which restricts private pilot certificate holders from flying aircraft for com pensation or hire, and which would also require a second class medical certificate for possible future PICs . The purpose of this section is to ensure the skill and competency of any PIC where the aircraft is carrying passengers or cargo for hire. In this c ase, while the UAS will be operated as part of a commercial operation, it carries neither passengers nor cargo. In the Grant of Exemption in FAA Docket No. FAA

- 2014

- 0352, the FAA determined that the unique characteristics of UAS operation outside of contro lled airspace did not warrant the additional cost and restrictions attendant with requiring the PIC to have a commercial pilot certificate and class II medical certificate. Additionally, instead of having a second or third class medical, we suggest that th e PIC exercise the privileges similar to that of a sport pilot, requiring only a valid US driver’s license.Safety Mitigation :

Petitioner seeks to ensure safe operation by ensuring that any PIC is thoroughly versed in airspace and communication issues pe rtaining to all aircraft operators but also in the unique a spects of UAS flight. The owners and all current PICs of Offshore Aviation LLC have commercial pilot’s license, however, the experience obtained beyond a private pilot certificate in pursuit of a commercial pilot certificate in manned flight does not necessarily aid a pilot in the operational environment proposed. To that end, Offsho re Aviation LLC will require a PIC to have a t a minimum completed private pilot’s ground school, pass a FAA private pilot’s knowledge test and adhere to the SOPs listed in Appendix C

.

We find that the combination of aeronautical knowledge, UAS airmanship skills, and verification through remaining current is a sufficient method to evaluate a pilot’s qualifications, given that operations will be conducted within the limitations outlined in this petition.

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

O ffshore Aviation LLC seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated (Regulatory

Docket No. FAA

- 2014

- 0352) that no exemption is required to the extent that the

r equirements of Part 21 are waived or found inapplicable.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft :

Given its size, configuration, and load capacity, the Vulcan Mantis & Raven ha ve no ability to carry such a manual on the aircr aft, not only because there is no pilot on board, but because there is simply no room or capacity to carry such an item on the aircraft.

Safety Mitigation :

The safety related purpose of this manual requirement can be equally satisf ied by maintaining the UAS Manual s at the grou nd control point where the crew flying the UAS will have immediate access to it. Accordingly, we request an exemption from § 91.9(b) (2)'s flight manual requirement s, on the condition that the Mantis & Raven flight manual s be availab le at the control point during each operation.

14 C.F.R. § 91.103: Preflight Action

Offshore Aviation LLC seeks an exemption from 14 C.P.R.§ 91.103, which requires a PIC to become familiar with specific information before each flight, including

informati on contained in the FAA

- approved Flight Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an FAA

- approved Flight manual is required.Safety Mitigation :

An equivalent level of safety will be provided by following the Aircraft Operations Manual and flight manual provided by the manufacturer. The PIC will take all required preflight actions

- including performing all required checklists an d reviewing weather, flight requirements, battery charge, landing and takeoff distance, aircraft performance data, and contingency landing areas

- before initiation of flight. The Operators Ma nual

and SOPs will be kept at the ground station with the operat or s at all times.

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

Offshore Aviation LLC seeks an exemption from 14 C.F.R. § 91.109(a), which provides that "no person may operate a civil aircraft (except a manned free balloon) that is being used for flight inst ruction 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 airc raft via radio communications.

Safety Mitigation :

Given the size and speed of the UAS employed by Offshore Aviation LLC , an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the UAS a nd all persons will be at a safe distance away in the event that the UAS encounters any difficulties during flight instruction. In addition, we will conduct flight training at our Research and Development test sites, which are located on its own property. These training flights will be conducted in a sterile area and will otherwise comply with the provisions in the Operator’s Manual for flights at the R&D facility. The FAA has stated (Regulatory Docket No. FAA

- 2014

- 0352) that no exemption is required.

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

Offshore Aviation LLC requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119. Section 91.119 prescribes 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). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without haz ard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

Safety Mitigation :

Compared to flight operations with rotorcraft we ighing far more than the maximum weights proposed herein, and given the lack of flammable fuel, any risk associated withthese operations is far less than those that presently exist with conventional aircraft. An

equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well as the location where it is operated. In order to avoid any risk to aircraft, flight operations will be restricted to 400' AGL or below. Prior to conducting UAS operations, all persons not essential to flight operations (nonparticipating persons) shall remain at appropriate distances. In open areas, the UAS shall remain 500 feet from all persons other than essential flight personnel (i.e. PIC, PO, operator trainees or essential persons). If

barriers or structures are present that can sufficiently protect nonparticipating persons from the UAS or debris in the event of an accident, then the UAS may operate closer than 500 feet to persons afforded such protection. The UAS operator shall also ensure that

non participating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UAS, flight operations shall cease immediately. When considering how to immediately cease operatio ns, the primary concern is the safety of those nonparticipating persons. In the event that operations must be conducted closer than 500 feet to vessels, vehicles and structures the PIC shall receive permission from the owner/controller of any such vessels, vehicles or structures and the PIC shall make a safety assessment of the risk of operating closer to those objects and determines that it does not present an undue hazard.

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

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required to the extent t hat the UAS s do not have a barometric altimeter, but

rather a GPS altitude read out.

Safety Mitigation :

The FAA has stated that an equivalent level of safety can be achieved if the UAS will be operated at 400' AGL or below and within visual line

- of

- sight in addition to GPS based altitude information relayed in real time to the operator. See Grant of Exemption to Astraeus Aerial, Docket No. FAA

- 2014

- 0352. As the attached Operations Manual indicates, the chosen UAS meets these requirements, and a zero altit ude initiation point will be obtained prior to flight

.

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

Offshore Aviation LLC requests an exemption from 14 C.F.R. § 91.15l(a)'s fuel requirements for flight in VFR conditions. Section 91.151 states: (a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

- (1) Durin g the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.Here, the technological limitations on UAS battery power means that no meaningful

flight operations can be conducted while still maintaining a 30 minute reserve. Offshore

Aviation LLC proposes that all flights comply with this requirement by mandating that

the aircraft be sa fely landed with no less than 25 % of battery life remaining.

Safety Mitigation :

The FAA has stated that an equivalent le vel of safety is provided if the UAS flight is terminated with at least 25% reserve battery power still avail able. See Grant of Exemption to Astraeus Aerial, Docket No. PAA

- 2014

- 0352. The Operations Manual conforms to this limit, providing an equivalent le vel of safety.

14 CFR 91.203(a) & (b) Civil ai rcraft: Certifications required

The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft.

Add itionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew."

At a max imum gross weight of less than 30 pounds, the UAS s are too sm all to carry

document ation, do not have an entrance, and are not capable of carrying passengers or crew. To obtain an equivalent level of safety and meet 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. The FAA has stated (Regulatory Docket No. FAA

- 2014

- 0352) that no exemption is required.

14 C.F.R. 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) Maintenance Req uired

Offshore Aviation LLC seeks an exemption from the maintenance inspection requirements contained in 14 C.P.R.§ 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to

14 C.P.R. Part 43. See, e.g., 14 C.P.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and

sha ll between required inspections ...have discrepancies repaired as presc ribed in part 43 of this chapter"). An exemption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UASs

will not have.

Safety Mitigation

An equivalent level of safety w ill be achieved because maintenance and inspections will be performed in accordance with the Operators Manual. As provided in the Operators Manual, flights will not be conducted unless a flight operations checklist is performed

that includes all of the air craft's components.App endix B

– UAS manuals (see attached)

Appendix C

Standard Operating Procedures (SOP) :

1. The unmanned aircraft sys tems (UASs) will weigh less than 30 pounds, including energy source(s) and equipment.

2. The UAS will not be flow n at a ground speed exceeding 30 MPH. 3. Flights will be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated by the procedures specified in the operator’s manual. All altitudes reported to ATC must be in feet AGL.

4. The UAS will be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than

corrective lenses. 5. All operation s will utilize a Payload Operator (PO). The P O may be used to satisfy the VLOS requirement , when not using video goggles, as long as the PIC always maintains VLOS capability. The P O and PIC must be able to communicate verbally at all times. 6. Prior to each flight the PIC will inspect the UAS to ensure it is in a condition for safe flight. 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 found to be in a condition for saf e flight. The Ground Control Station (GCS) , if utilized, will be included in the preflight inspection. All maintenanc e, alterations and software upgrades will be properly documented in the aircraft records. 7. If the UAS has undergone maintenance

, alterati ons or software upgrades that affect the UAS operation or flight characteristics, e.g. replacement or upgrade of a flight critical

component, the UAS will undergo a functional test flight in accordance with the operator’s manual. The PIC who conducts the f unctional test flight will make an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and aircraft record entry will be added to the operator’s manual. 8. The operator will follow the manufacturer’ s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft maintenance/component/overhaul, replacement, and inspection/maintenance requirements will be established and identified in the operator’s manual. At a minimum, requirements for the following will be included in the operator’s manual:

a. Actuators / Servos ; b . Powerplant (motors);

c . Propellers;

d . Electronic speed controller;

e. Batteries ; f . Remote command and control;

g . Ground control station (if used); and

h . Any other components as determined by the operator;9. The Pilot

- In

- Command (PIC) will have passed a FAA private pilot’s knowledge test

and have a valid driver’s license. The PIC will also meet the flight review requireme nts specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot

certificate , if applicable

. 10. Prior to operations the PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 fligh t cycles or 25 hours of total time as a

UAS pilot and at least ten hours logged as a UAS pilot with a similar UAS type (single

blade or multi

- rotor). Prior documented flight experience that was obtained in compliance with applicable regulations may satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted to accomplish the required flight cycles and flight time. 11. Prior to operations the PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of fi ve hours as UAS pilot operating the make and model of UAS to be utilized for operations and three take

- offs and three landings in the preceding 90 days. Training, proficiency, experience

- building, and take

- off and landing

currency flights can be conducted to accomplish the required flight cycles and flight time. 12. The UAS may not be operated directly over any person, except authorized and consenting personnel, or below an altitude that is hazardous to persons or property on the

s urface in the event of a UAS failure or emergency. 13 The operator will ensure that no persons are allowed within 500 feet of the area except those consenting. This provision may be reduced i f barriers or structures are present that can sufficiently protec t nonparticipating persons from the UAS or debr is in the event of

an accident.

14. The UAS PIC will abort the flight in the event of unpredicted obstacles or emergencies in accordance with the operator’s manual. 15. Each UAS oper ation will be completed within 6 0 minutes flight time or with 25% battery power remaining, whichever occurs first. 16. The operator will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. 17. All aircraft operated in accordance with regulations will be identified by serial number, registered i n accordance with 14 CFR part 47, and have identification (N

Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable. 18. Each UAS operated will comply with all manufacturer Safety Bulletins.

19. The radio f

requency spectrum used for operation and control of the UA S will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 20. At least three days before scheduled flight, the operator will submi t a written Plan of Activities to the local FSDO with jurisdiction over the area of proposed flight area. The

3

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

a. Dates and times for all flights; b. Name and phone number of the operator c. Make, model, and serial or N

- number of UAS to be used;d. Name of UAS PIC involved

e. A statement that the operator has obtained permission from property owners and/or

local officials to conduct the flight operations; the list of those who gave permission must be made available to the inspector upon request; f. Signature of exemption

- holder or representative; and g. A description of the flight activity, including maps or diagrams of any area, city , town, county, and/or state over which flights will be conducted and the altitudes essential to accomplish the operation. 22. The documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating.

23. The UA S will remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang glid ers, etc.). 24. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. Special autho rization may be requested for night operations by government agencies in emergency situations on a case by case basis. 25. The UAS will not be operated by the PIC from any moving device or vehicle. 26. The UAS will not be operated less than 500 feet below or less than 2,000 feet horizontally from cloud. 27. The UAS will not operate in Class B, C, or D airspace without written approval from the FAA. The UAS may not operate within 5 nautical miles of the geographic center of a

non

- towered airport as denoted o n a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport mana gement must be made available to the Administrator

upon request. 28. 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

the FAA’s UAS Integration Office (AFS

- 80) within 24 hours.

Appendix D

- Pilot Checklists, Briefing Guide (see attached)

Appendix E

- UAS photo s and specifications (see attached)