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 

New York Washington, DC 

MARK E. MCKINNON 

703.336.8708 

EMAIL ADDRESS 

mmckinnonf@mckennalong.com 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

January 6, 2015 

Re: FAA-2014-0692- Amendment to Petition of Phoenix Air UNMANNED, 

LLC for Exemption Pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 

Dear Gentlemen: 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 ("Reform 

Act") and 14 C.F.R. Part 11, Phoenix Air UNMANNED, LLC ("Phoenix Air UNMANNED"), 

hereby submits the following amendment to its Petition for Exemption filed on September 5, 

2014. For ease of use, this Amendment sets forth the heading ofthe applicable section of the 

September 5, 2014 Petition for Exemption, followed by a description ofthe addition or change to 

the section. 

I. DESCRIPTION OF PETITIONER 

Petitioner amends this section to remove all references to remove references to all 

industries and applications with the exception of the following: 

• Filmmaking, cinematography, and videography; 

• Inspection of cell towers, masts, or similar structures; 

• Precision Aerial Surveying. 

III. QUALIFICATIONS FOR APPROVAL UNDER SECTION 333 OF THE 

REFORM ACT 
U.S. Department of Transportation 

January 6, 2015 

Page 2 

Petitioner amends this section to add the following: 

The proposed operations will be conducted with UAS of small size and weight that will 

ensure a superior level of safety over conducting the same operations with conventional aircraft. 

In addition, the selected aircraft have a number of advanced safety features that meet the 

requirements for a Grant of Exemption. 

Phoenix Air UNMANNED will employ the Pulse vapor 35 for its inspection of cell 

towers, masts, and similar structures as well as for precision aerial surveying. A copy of the 

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 of the aircraft as well 

as necessary preflight 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 component manufacturer data sheets providing a complete description of the subsystems. 

The Vapor 35's operational safety is enhanced by its factory limited speed of 10 meters 

per second (23 miles per hour), and has a maximum climb rate of 2 meters per second ( 4.5 miles 

per hour). In addition, the Vapor 35's GCS permits the pilot to 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 multirotor UAS with 8 electric 

motors on 8 arms- known as a "flat octo" arrangement, which provides redundancy in the event 

of a 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 by Phoenix .Air UNMANNED is a Hoverfly Pro. The manual for the Hoverfly Pro is 

submitted as an attachment to this amendment. 

The Vulcan Octo UAS is designed and manufactured in the United States, and its top 

speed is limited to 45 miles per hour. During flight, batteries supplying power to the 8 motors 

will not be run below 3.6 volts per cell (under load). The aircraft's remote is equipped with a 

timer that reminds the operator to land with an audible alarm. In addition, the remaining flight 

time can be seen on the remote. Failsafe features of the UAS include a requirement that a 

specific pattern of stick movements must be 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 of the 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 of flight 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 of Transportation 

January 6, 2015 

Page 3 

Finally, Phoenix Air UNMANNED amends its Petition and supporting documentation to 

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 in the Petition for Exemption: 

1. The UASs operated by Phoenix Air UNMANNED are the Pulse Vapor 35 and 

Vulcan Octo. 

5. In accordance with FAA Grant of Exemption FAA-2014-0506, flights will be 

operated at a lateral distance of at least 500 feet from any structure or vehicle 

unless permission has been granted by the owner or controller of the property in 

advance of the flight. Flights will not be conducted within 500 feet of any person 

who is not essential for the conduct of the 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 if such a person who is within 

500 feet of the aircraft leaves a shielded position. 

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 WHICH EXEMPTION 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 with the FAA's Grant ofExemption FAA-2014-0506, Phoenix Air 

UNMANNED will only operate registered UAS 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 second paragraph and replace it with the 

following: 
U.S. Department of Transportation 

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 

highest point on the structure. Additionally, in accordance with FAA Grant of Exemption FAA2014-0506, flights will be operated at a lateral distance of at least 500 feet from any structure or 

vehicle unless permission has been granted by the owner or controller of the property in advance 

of the flight. Flights will not be conducted within 500 feet of any person who is not essential for 

the conduct of the 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 if 

such a person within 500 feet of the 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 Air UNMANNED seeks an exemption from the requirements of 14 

C.F .R. § 119( c) for its aerial cinematography and film work. In FAA Grant of Exemption 

Docket FAA-2014-0352, Astraeus Aerial was granted permission to deviate from the 

requirements of this section with regard to persons involved in the filming on the condition that 

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 of Part 61 is to ensure that the skill and competency of any 

pilot matches the airspace in which he or she will be operating, as well as requiring certifications 

ifthe private pilot is carrying passengers or cargo for hire. In this case, while the UASs will be 

operated as part of a commercial operation, it carries neither passengers nor cargo. In Grant of 

Exemption, FAA Docket No. FAA-2014-0352, the FAA determined that the unique 

characteristics ofUAS operation outside of controlled airspace did not warrant the addition cost 

and restrictions attendant with requiring that the PIC have a Commercial Pilot Certificate and 

Class II Medical Certificate. 

Equivalent Level of Safety 

As set forth in the Phoenix Air UNMANNED Operations Manual, any person acting as 

pilot in command must be thoroughly versed not only in airspace and communication issues 

pertaining to all aircraft operations but also in the unique aspects ofUAS flight. Petitioner's 

pilots will also be required to conduct training flights at Phoenix Air UNMANNED facilities to 
U.S. Department of Transportation 

January 6, 2015 

Page 5 

obtain flight experience with UAS generally, and with the specific UAS make and model used to 

perform the operations under this Petition for Exemption. Petitioner believes that this system 

will provide a high level of competency and proficiency for its pilots that ensures a level of 

safety equal to or greater than the rules from which this exemption is requested. 

IX. FEDERAL REGISTRY SUMMARY 

This section is amended to add 14 C.F.R. § 61.113 to the list of rules from which an 

exemption is requested. 

CONCLUSION 

If you have any questions or require any additional information, please do not hesitate to 

call. 

Mark E. McKinnon, Esq. 

Attachments: 

Amended Phoenix Air UNMANNED Operations Manual 

Pulse Vapor 3 5 Aircraft Flight Manual 

Vulcan Octo Flight and Maintenance Manual 

Hoverfly Pro Users Guide 

(All of these attachments are submitted as a Confidential Document under 14 C.F.R. § 11.35(b) 

and exempt from disclosure under the Freedom oflnformation Act, 5 U.S.C. § 552 et seq. , and 

any other requirements established by the FAA pursuant to Section 333 of the Reform Act).