Albany Atlanta Brussels Denver 

# McKenna Long

**&Aldridge ~.~** **~** 1676 International Drive· Penthouse Mclean, VA22102 Northern Virginia Orange County Rancho Santa Fe San Diego Los Angeles Tel: 703.336

.8800 mckennalong.com San Francisco Miami Seoul NewYork Washington, DC

MARK E

. MCKINNON 703.336.8708 EMAIL ADDRESS mmckinnonf@mckennalong.com

U.S. Department ofTransportation Docket Management System 1200 NewJersey Ave., SE Washington, DC 20590 January 6, 2015

Re: 

### FAA-2014-0692- Amendmentto Petition ofPhoenix AirUNMANNED, LLC for Exemption Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 Dear Gentlemen: Pursuantto Section 333 oftheFAA Modernization and Reform Act of2012 ("Reform Act") and 14 C.F.R. Part 11, Phoenix AirUNMANNED, LLC ("Phoenix Air UNMANNED"), hereby submits the following amendmentto its Petitionfor Exemption filed on September 5, 2014. For ease ofuse, this Amendment sets forth the heading ofthe applicable section ofthe September 5, 2014 Petition for Exemption, followed by a description ofthe addition or change to the section. 

### I. DESCRIPTION OF PETITIONER Petitioner amends this sectionto remove all references to remove references to all industries and applications withthe exception ofthe following:

• Filmmaking, cinematography, and videography;

• Inspection ofcell towers, masts, or similar structures;

• PrecisionAerial Surveying. 

### III. QUALIFICATIONS FORAPPROVAL UNDER SECTION 333 OF THE REFORM ACTU.S. Department ofTransportation January 6, 2015 Page 2

Petitioner amends this sectionto add the following: The proposed operations will be conducted with UAS ofsmall size and weightthat will ensure a superior level ofsafety over conducting the same operations with conventional aircraft. In addition, the selected aircraft have a number ofadvanced safety features that meetthe requirements for a Grant ofExemption. Phoenix AirUNMANNED will employ the Pulse vapor 35 for its inspection ofcell towers, masts, and similar structures as well as for precision aerial surveying. A copy ofthe Vapor 35 manual will be submitted as an attachment and is incorporated by reference into this petition. The Vapor 35 manual has complete instructions for maintenance ofthe aircraft as well as necessarypreflight checks and checklists. The manual also has the required information regarding the flight control system (FCS) and ground control station (GCS), as well as all information necessary to fly the aircraft. Attached as an appendix to the Vapor 35 manual are the componentmanufacturer data sheets providing a complete description ofthe subsystems. The Vapor 35's operational safety is enhancedby its factory limited speed of 10 meters per second (23 miles per hour), and has a maximum climb rate of2 meters per second (4.5 miles perhour). In addition, the Vapor 35's GCS permits the pilotto designate separate start and home waypoints. Phoenix Air UNMANNED will employ the Vulcan Octo UAS for its filmmaking, videography and cinematography work. The Vulcan Octo is a multirotorUAS with 8 electric motors on 8 arms- known as a "flat octo" arrangement, whichprovides redundancy inthe event ofa motor failure. The motors used on this UAS are produced by KDE and will employ 15 inch triple props, which are more than adequate for the intended payloads. The flight controller selected byPhoenix.Air UNMANNED is a Hoverfly Pro. The manual for the Hoverfly Pro is submitted as an attachmentto this amendment. The Vulcan Octo UAS is designed and manufactured inthe United States, and its top speed is limitedto 45 miles perhour. During flight, batteries supplying power to the 8 motors will notbe run below 3.6 volts per cell (under load). The aircraft's remote is equipped with a timerthatreminds the operatorto land with an audible alarm. In addition, the remaining flight time canbe seen on the remote. Failsafe features ofthe UAS include a requirement that a specific pattern ofstick movements mustbe entered on the remote to arm the aircraft for flight. The flight controller also provides a visual (LED light) and audible (beep tone) status that alerts the pilot and nearby personnel ofthe flight controller's condition (e.g. armed or disarmed). The Vulcan Octo's flight manual contains all necessary information for the routine inspection and maintenance offlight critical systems, as well as procedures for non-routine maintenance and repairs. The aircraft also has all necessary pre-flight and post-flight checklists to ensure safe and reliable operation.U.S. Department ofTransportation January 6, 2015 Page 3 Finally, Phoenix Air UNMANNED amends its Petition and supporting documentationto remove all reference to the Lockheed Indago as an aircraft operated by Phoenix Air UNMANNED. IV. DESCRIPTION OF PROPOSED OPERATIONS Petitioner amends the following subsections, which replace the similarly numbered subsections inthe Petition for Exemption: 1. The UASs operated by Phoenix Air UNMANNED are the Pulse Vapor 35 and Vulcan Octo. 5. In accordance withFAA Grant ofExemptionFAA-2014-0506, flights will be operated at a lateral distance ofat least 500 feet from any structure orvehicle unless permissionhas been grantedbythe owner or controller ofthe property in advance ofthe flight. Flights will not be conducted within 500 feet ofany person who is not essential for the conduct ofthe flight unless that person is in a position where he or she is shielded from the aircraft and any possible debris resulting from an aircraft failure. Flight will be terminated ifsuch a person who is within 500 feet ofthe aircraft leaves a shieldedposition. 7. The UAS pilot will hold a Private Pilot's Certificate and a Class III Medical Certificate. 8. The Observer designated for any operation will have at least a Class III Medical certificate. V. REGULATIONS FROM WHICHEXEMPTION IS REQUESTED C. 14 C.F.R. § § 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements Petitioner amends this section to add the following: In accordance withthe FAA's Grant ofExemptionFAA-2014-0506, Phoenix Air UNMANNED will only operate registeredUAS and each aircraft will be marked with its "N" number in lettering that is as large as practicable. H. 14 C.F.R. § 91.119: Minimum Safe Altitudes Petitioner amends this section to delete the secondparagraph and replace it with the following:U.S. Department ofTransportation January 6, 2015 Page4

To provide the intended services, the UAS is normally operated below 400 feet AGL. In circumstances where the UAS is used to inspect a cell tower, mast, or similar structure that has a height that exceeds 400 feet AGL, the UAS will not be operated more than 50 feet above the highestpoint on the structure. Additionally, in accordance with FAA Grant ofExemptionFAA2014-0506, flights will be operated at a lateral distance ofat least 500 feet from any structure or vehicle unless permissionhas been granted by the owner or controller ofthe property in advance ofthe flight. Flights will not be conducted within 500 feet ofany person who is not essential for the conduct ofthe flight unless thatperson is in a position where he or she is shielded from the aircraft and anypossible debris resulting from an aircraft failure

. Flight will be terminated if such a person within 500 feet ofthe aircraft leaves a shielded position. At no time will the aircraft be conducted so close to persons or objects to present an undue hazard to the Pilot or Observer, per§ 91.119(a). In addition, Phoenix AirUNMANNED seeks an exemption from the requirements of 14 C.F.R. § 119(c) for its aerial cinematography and film work. In FAA Grant ofExemption Docket FAA-2014-0352, Astraeus Aerial was granted permission to deviate from the requirements ofthis section with regard to persons involved inthe filming onthe conditionthat the existing requirements ofFAA Order 8900.1 V3, C8, S1 be adhered to. Phoenix Air UNMANNED will similarly abide by those restrictions and asks for a similar exemption. L. 14 C.F.R. § 61.113: Private Pilot Privileges And Limitations Petitioner amends its Petition to add this section and seeks an additional exemption from the requirements of 14 C.F.R. § 61.113 as follows: Petitioner seeks exemption from 14 C.F.R. § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and would also require a Class II Medical Certificate. The purpose ofPart 61 is to ensure that the skill and competency ofany pilotmatches the airspace in which he or she will be operating, as well as requiring certifications iftheprivate pilot is carrying passengers or cargo for hire. Inthis case, while the UASs will be operated as part ofa commercial operation, it carries neither passengers nor cargo. In Grant of Exemption, FAA DocketNo. FAA-2014-0352, the FAA determined thatthe unique characteristics ofUAS operation outside ofcontrolled airspace did not warrantthe addition cost and restrictions attendant with requiring that the PIC have a Commercial Pilot Certificate and Class II Medical Certificate. Equivalent Level ofSafety As set forth in the Phoenix Air UNMANNED Operations Manual, any person acting as pilot in command mustbe thoroughly versed not only in airspace and communicationissues pertaining to all aircraft operations but also in the unique aspects ofUAS flight. Petitioner's pilots will also berequired to conducttraining flights at Phoenix Air UNMANNED facilities toU.S. Department ofTransportation January 6, 2015 Page 5

obtainflight experience with UAS generally, and with the specific UAS make and model used to perform the operations underthis Petition for Exemption. Petitionerbelieves that this system will provide a high level ofcompetency and proficiency for its pilots that ensures a level of safety equal to or greater thanthe rules from which this exemption is requested. 

### IX. FEDERAL REGISTRY SUMMARY This section is amendedto add 14 C.F.R. 

### § 61.113 to the list ofrules from which an exemptionis requested. CONCLUSION Ifyou have any questions orrequire any additional information, please do nothesitate to call.

MarkE. McKinnon, Esq. Attachments: Amended Phoenix AirUNMANNED Operations Manual Pulse Vapor 35 Aircraft Flight Manual Vulcan Octo Flight and Maintenance Manual Hoverfly Pro Users Guide (All ofthese attachments are submitted as a Confidential Documentunder 14 C.F.R. § 11.35(b) and exempt from disclosure underthe Freedom oflnformationAct, 5 U.S.C. 

### § 552 

### etseq. , and any otherrequirements establishedbythe FAApursuantto Section 333 ofthe Reform Act).