Mark E. McKinnon Mark.McKinnon@dentons.com

D 703.336.8708

Dentons US LLP

1676 International Drive • Penthouse McLean, VA 22102
United States

T 703.336.8800

F 703.336.8750 Salans FMC SNR Denton
McKenna Long

dentons. com

November 6 , 2015

U.S. Department of Transportation
Docket Management System
1200 New Jersey Ave., SE
Washington DC 20590

Re: Petition of AAI Corporation d/b/a Textron Systems Unmanned Systems for Grant of Exemption Pursuant to Section 333 of the FAA Mo dernization and Reform

Act of 2012

To Whom it May Concern :

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform Act) and 14 C.F.R. Part 11, AAI Corporation d/b/a Textron Systems Unmanned Systems (hereinafter Textron) hereby appl ies for a Grant of Exemption from the Federal Aviation Regulations (FARs) identified below, to operate unmanned a ircraft systems (UAS) for the purpose of conducting aerial data collection

. In particular, Textron seeks permission to operate

the Aerosonde M k 4.7G (hereinafter Aerosonde)

.

Textron wishes to make clear that this Petition is not submitted as a summary grant.

Textron se e ks to leverage the unique capabilities and long history of successful operations of the

Aerosonde to allow operat ions beyond the 400 foot AGL limitation currently imposed on other exemption holders. As set forth in more detail below, Textron believes that the Aerosonde can be safely operated using visual line of sight at altitudes at 500' and above.

In addition, Textron wis hes to note that due to the capabilities of the Aerosonde, there are

a number of regulations that other UAS operators are normally exempted from that the

Aerosonde can meet. In particular, the Aerosonde has a barometric altimeter , and complies with

14 C.F .R. § 91.121. The Aerosonde also has dual controls for flight instruction, enabling it to comply with 14 C.F.R. § 91.109(a). The Aerosonde also normally operates with 80 to 90 minutes of reserve fuel, so no exemption is needed from 91.151(a). Finally, t he Aerosonde routinely operates at or above 500 feet AGL with the exception of take

- off and landing, so no exemption is needed from 14 C.F.R. § 91.119(c).

In support of this Petition for Exemption, Textron will also submit the following

materials :

 Aero sonde Operators Manual , TM 40393

- 40598

- 10U.S. Department of Transportation

June 15, 2015 Page 2

 Aerosonde Operators Checklist

 Aerosonde Maintenance Manual

, TM 40393

- 40598

- 24&P

 Aerosonde Crewmember Training Manual, R40393

- 00149

Textron submits these manual s (hereinafter "Operating Documents") under separate cover pursuant to 14 C.F.R. § 11.35(b), as the y contain confidential commercial and proprietary information that is not generally made available to the public. As a result, the information is also protected from release under the Freedom of Information Act , 5 U.S.C. § 552 et seq.

For your convenience, this Petition is organized as follows:

T ABLE OF C ONTENTS

Page

I. B ACKGROUND D ESCRIPTION OF P ETITION ER AND C ONTACT I NFORMATION

......................... 3

II. D ESCRIPTION OF P ROPOSED O PERATION

................................ ................................ ............... 3

III. R ELEVANT S TATUTORY A UTHORITY

................................ ................................ .................... 4

IV. THE AEROSONDE CAN SAFELY CONDUCT VISUAL LINE OF SIGHT

OPE RATIONS ABOVE 500' AGL

................................ ................................ ...................... 4

A. The Aerosonde has a Long Operational History of Flight Above 500' AGL

.......... 4

B. Approval of Flight Operations Above 500' AGL is Warranted Based on the Accepted Operational R estrictions and Textron's Operating Documents

.......... 5

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

................................ ........................... 6

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

................................ ................................ ................................ ........... 7

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

................................ ................................ .......................... 8

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private, Recreational and Sport Pilot Medical Certificat e, Privileges and

Limitations

................................ ................................ ................................ ............... 9

D. 91.7(a): Civil Aircraft Airworthiness

................................ ................................ ....... 9

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

................................ ... 10

F. 91.103: Preflight Action

................................ ................................ ......................... 11

VI. D RUG AND A LCOHOL P ROGRAM

................................ ................................ ......................... 11

VII. P UBLIC I NTEREST

................................ ................................ ................................ ................ 11U.S. Department of Transportation November 6, 2015 Page 3 Salans FMC SNR Denton

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VIII. P RIVACY

................................ ................................ ................................ ............................. 12

IX. F EDERAL R EGISTER S UMMARY

................................ ................................ ........................... 12

X. C ONCLUSION

................................ ................................ ................................ ....................... 12

In accordance with 14 C.F.R. § 11.81(a), Textron provides the following information in
support of its Petition for Exemption.

I. B ACKGROUND D ESCRIPTION OF P ETITIONER AND C ONTACT I NFORMATION

Textron leverages over 30 years of UAS experience, a corporate commitment to service, and more than 1 million flight hours of tactical unmanned aircraft systems experience to provide an adaptab le, flexible, and expeditionary system. With experienced operators and maintainers supported by a highly responsive worldwide logistic support infrastructure and a dedicated depot/training facility, Textron c urrently provide s its c ustomers with superio r UA S services

. Textron continues to fund capability enhancements and leverage the built

- in growth capacity of the Aerosonde platform to rapidly deliver the most mission reliable system, payloads, and

service.

The contact information for Petitioner is as f ollows:

Sean M. Baity
Chief Engineer

, Civil and Commercial Programs
Textron Systems
Unmanned Systems
124 Industry Lane
Hunt Valley, MD, 21030
baity@textronsystems.com
410.628.6770 (Office )

II. D ESCRIPTION OF P ROPOSED O PERATION

Textron seeks an exemp tion pursuant to Section 333 of the Reform Act to use the Aerosonde Mk 4.7G (hereinafter "Aerosonde") for aerial data collection. Textron is committed to maintaining the highest standards of flight safety. All UAS operations will be performed in

accordan ce with the accompanying Textron Operating D ocuments, and in accordance with the requirements of an applicable C ertificate of Authorization ("C OA ")

.

Textron systems maintains an active reliability and maintainability program which tracks all mishap and t roubleshooting activities across the fleet through a 24/7 HelpDesk. The data is collected and actioned through an agile workflow database. Outcomes, findings, andU.S. Department of Transportation November 6, 2015 Page 4 Salans FMC SNR Denton

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recommendations from incident investigation, trend analysis, and helpdesk support drive ongoi ng reliability engineering and product improvement investment

The UAS operations proposed by Textron in this Petition for Exemption fall squarely within the category of aerial data collection that has been subject to previous approval.

III. R ELEVANT S TATUTOR Y A UTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the Reform Act. Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursua nt to Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the 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 populated 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 min imum 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).

IV. THE AEROSONDE CAN SAFELY CONDUCT VISUAL LINE OF SIGHT OPERATIONS

ABOVE 5 00' AGL

A. The Aerosonde has a Long Operational History of Flight Above 500' AGL

The Aerosonde is not a new and untested vehicle. The Aeroso nde h as been operated successfully for military and other governmental entities for decades

. All of these operations are routinely conducted above 500' AGL. As of October 8 , 2015, the Aerosonde fleet has accrued

11 3

, 971 flight hours. The Aerosonde Mk4.7G firs t deployed outside of the continental United States in May 2012 and is currently operational and accruing flight hours at a rate of 700 to 900 flight hours per week supporting worldwide Intelligence, Reconnaissance, and Surveillance (ISR) fee

- for

- service m issions. The Aerosonde has supported 15 individual operational sites with a range of flight operational tempos. Site operations range from 300 flight hours per month to the largest single site being 4

, 200 flight hours per month. In addition, Textron System s has successfully delivered an Aerosonde Mk4.7G syst em, trained certified Operators , and provides ongoing support for an international commercial Oil and Gas customer.U.S. Department of Transportation November 6, 2015 Page 5 Salans FMC SNR Denton

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Textron has successfully operated the Aerosonde above 500' through a number of COAs

is sued in cooperation with public entities. For example

, the Aerosonde was operated in conjunction with a NASA project at altitudes of up to 2000' AGL. See e.g. 2012

- ESA

- 30, 2009

- ESA

- 30, 2008

- ESA

- 30. The Aerosonde has been authorized to fly at 3000' AGL for both the

United State Air Force Academy and Kansas S tate, and 4000' AGL for Tennessee. See 2011

- WSA

- 46, 2011

- CSA

- 51, 2011

- ESA

- 27. Currently, the Aerosonde is flying at up to 2500' AGL with Virginia Tech and up to 3000' with the University of Alaska. See 2014

- ESA

- 121, 2014

- WSA

- 185. M ost notably, the Aerosonde completed two weeks of operations flying BVLOS

, during both night and day , at altitudes of up to 14,500' MSL in support of the Department of the

Interior 's firefighting efforts. See Addendum to COA 2015

- WSA

- 63, issued September 14,

2015.

The Aerosonde's safety and reliability are demonstrated by the fact that

, throughout the entire operational history of the aircraft, there have been only 8 lost link communications events.

None of these inci dents resulted in an accident, and the aircraft was safely recovered each time. In addition, through use of Textron's robust reliability program, the root cause of each incident was determined, and corrective action was successfully taken to prevent futur e occurrences.

The Aerosonde has a maximum design takeoff weight of 75 pounds . As a result, it is not

a " small UAS " as that term is defined in Section 331(6) of the FAA Modernization and Reform Act of 2012. While size and weight are factors that Congr ess directed the FA A to consider when providing a Section 333 Exemption, such Exemptions are not limited to small UAS. See i d. at § 333(b)(1). For example, t he FAA has previously held that the Yamaha RMAX is suitable for Section 333 operations even thoug h it is 9 feet long, has a main rotor diameter of 10 feet, and has an empty weight of 141 pounds , nearly 3 times larger than a "small UAS"

. See Exemption 11448 granted to Yamaha Motor Corporation U.S.A., Docket No. FAA

- 2014

- 0397. This finding

was based o n the RMAX's extensive history of overseas operations, primarily in Japan, and its safety record.

Textron submits that the Aerosonde has a similar history of safe operations. In December 2013, Textron performed a full fleet replacement of the engines o n the Aerosonde, utilizing the

EL

- 005 engine. This engine was purpose

- designed and built by Lycoming, a world leader in the design and manufacture of aircraft and helicopter engines. The EL

- 005 engine provides class

leading reliability , and has accumulate d over 75 ,000 operational flight hours. In addition, although the Aerosonde weighs 20 lbs. more than a small UAS, it is still under half the weight of

the RMAX.

B. Approval of Flight Operations Above 500' AGL is Warranted Based on the Accepted Operational Restrictions and Textron ' s Operating Documents

Textron has agreed to additional safety mitigations to ensure an added level of safety for its flights above 500' AGL. First, the flights will only be conducted in sparsely populated or unpopulated areas. As a result, there should be no danger to persons or structures on the ground. Second, it should be noted that the Aerosonde ' s r outine operations are normally conducted BeyondU.S. Department of Transportation November 6, 2015 Page 6 Salans FMC SNR Denton

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Visual Line of Sight (BVLOS) . In fact, virtually all of the Aerosonde's 11 3

, 971 hours of flight have been performed BVLOS. While Textron firmly believes that the Aer o sonde is compl e tely capable of BVLOS operations in the National Airspace System, it will not conduct such flights under this exemption. Accordingly, Textron is not seek ing an exemption from 49 U.S.C. § 91.113. Textron will only fly the Aer osonde at an al titude where

, under the pr evailing mete o rological and lighting conditions, the Aerosonde can be seen by the Pilot in Command with sufficient clarity to determine

its ori entation

, direction of travel and position relative to other aircraft

. Textron believes that this additional safety measure will enable safe operations at altitude above 500' AGL.

Finally, the FAA should also take into consideration that, because the Ae rosonde was designed with BVLOS operations in mind, it incorporates a number of features which enhance safety that are not found on other UAS, such as a Mode 3 A/C or Mode S transponder, ATC airband radios, as well as visible light and IR anti

- collision st robes, which can be seen at ranges in excess of 3 NMs.

The O perating D ocuments for the Aerosonde contain all the procedures and limitations necessary to safely and successfully perform the proposed operations. These manuals and procedures have been

refi ned, taking into account the experiences and lessons learned from over 110 ,000 hours of successful operations. All of the information needed to fly and maintain the aircraft and its associated systems is set forth in detail. In addition, t o expedite the FAA's safety assessment of

Textron ' s proposed UAS operations, Textron agrees to abide by the standard terms and limitations contained in prior FAA Exemption grants imposed on similarly situated petitioners seeking to use

small UAS for aerial data collectio n , with the exception of the limitation of operations to below 400'

AGL. See e.g. , Exemption No. 11304 Granted to Auburn University Aviation Center, Docket No.

FAA

- 2014

- 1014 at ¶ 1

- 31.

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

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 UAS, from its safety regulations and minimum standards

when th e Administrator decides a requested exemption is in the public interest. 1

Textron seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and 91 for purposes of conducting the requested operations using small UAS, including:

FAR Description

91.9(c); 45.23(b) and Aircraft Marking and Identification Requirements

1 See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed
pursuant to Sections 4 4701(a) and (b) and Sections 44702

- 44716).U.S. Department of Transportation November 6, 2015 Page 7 Salans FMC SNR Denton

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45.27(a)

91.405(a); 91.407(a)(1);
91.409(a)(1) and (2);
91.417(a) and (b) Maintenance and Inspection Requirements

61.23(a) and (c); 61.113;
61.101(e)(4) and (5); 61. 315 Private, Recreational and Sport Pilot Medical Certificate
Privileges and Limitations

91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and
(b) Carrying Aircraft Flight Manual, Certification and Registration in

the Aircraft

91.103 Preflig ht Action

Listed below are the specific sections of 14 C.F.R. for which an exemption is sought, and the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which e xemption is sought. 2

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

Textron seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard Requirements, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings o f the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also dis play on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more

2 See 14 C.F.R. § 11.81(e), which requires a petition for exemption to include:

The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at l east equal to that provided by the rule from which you seek exemption.U.S. Department of Transportation November 6, 2015 Page 8 Salans FMC SNR Denton

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than 6 inches high, the words "limited," "restricted," "light

- sport, "experimental," or "provisional," as applicable.

● 14 C.F.R. § 4 5.27(a), Rotorcraft, states:

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.

In prior grants of exemption under Section 333 of the Reform Act, 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." 3 All UAS flown by Text ron will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 4

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

Textron seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. 5 An exemption from these regulations is nee ded because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS to be operated under this grant of exemption will not

have.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the operating documents and any required manufacturer Safety or Service Bulletins. Further, as required by the operating documents, the Pilot in Command (PIC) will conduct a pre

- flight inspection of the UAS and all asso ciated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potentially affecting safe operation of the UAS and no flights will occur unless, and until, all flight cri tical components of the UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will be conducted following the replacement of any flight

- critical components. As required by the operating documents, the PIC

who c onducts the functional test flight will make an entry in the UAS aircraft records of the flight.

3 FAA Docket No. FAA

- 2014

- 0352.

4 See, e.g., FAA Docket No. FAA

- 2014

- 0352, at 14.

5 See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have t he aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter.").U.S. Department of Transportation November 6, 2015 Page 9 Salans FMC SNR Denton

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The operating documents also include requirements to follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requiremen ts for the aircraft and aircraft components. Moreover, the operating documents also include procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul component parts, and the total time in service of Petitioner's UAS. As a whole, the maintenance and inspection procedures required by Petitioner's operating documents ensure that an equivalent or higher level of safety will be achieved.

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and ( 5), 61.315: Private, Recreational and Sport Pilot Medical Certificate, Privileges and Limitations

Textron seeks exemption from these sections, which restricts private, recreational or sport 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 PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the UAS will be operated as part of a commercial operation, it carries neither passengers nor cargo.

In the Grant of Exemption No. 11062 to Astraeus Aerial 6 , the FAA determined that the unique ch aracteristics of UAS operation outside of controlled 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. The fulfillment of the additional r equirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved.

More recently, the FAA determined that holders of recreational and sport pilot

certificates woul d also have adequate aeronautical knowledge to pilot a UAS. Accordingly, because these individuals would also be subject to security screening by the Department of Homeland Security (DHS), the FAA determined that holders of recreational and sport pilot

cer tificates would be qualified to serve as the PIC for UAS operations. 7

Textron Systems proposes that all PIC Operators hold , at a minimum, a sport pilot

certification and third

- class airmen medical certification to support all Aerosonde Mk4.7G UAS operati ons.

D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, Textron seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition to be operated. W hile Petitioner’s UAS will not have an airworthiness certificate, the FAA has determined that for the purposes of this exemption the pilot may determine the aircraft

6 FAA Docket No. FAA

- 2014

- 0352.

7 See Grant of Exemption No. 11213 to Aeryon Labs , Inc. (Docket No. FAA

- 2014

- 0642 at pgs. 8

- 9).U.S. Department of Transportation November 6, 2015 Page 10 Salans FMC SNR Denton

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is in an airworthy condition prior to flight. The operating documents contain procedures, which allow the PIC to determine whether the aircraft is in a condition safe for flight, and an exemption from § 91.7(a) is therefore warranted.

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying Civil Aircraft Cer tification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry

airworthiness documents and other aircraft manuals onboard the aircraft.

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.

- re gistered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any

combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate

...
(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passe ngers or crew.

Given the small size and configuration of the UAS, it would be impossible to keep airworthiness documents and other aircraft manuals on board the UAS because there is simply no room and the UAS has no cabin or cockpit.

In an FAA Office of C hief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight

manua l, registration certificate, and other required documents from the ground control station from which he or she is operating the aircraft. 8 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to th ese key documents during flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS. 9

8 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.

9 See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11:

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F. 91.103: Preflight Action

Petition er seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the

FAA

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

FAA

- approved Flight Manual is required.

Adherence to the requirements in the operating documents will ensure that the UAS is in an airworthy condition prior to flight. The PIC will perform a series of checklists designed to identify any defects or inoperable components, which cover pre

- flight, take

- off, landing and

post

- flight procedures. The PIC will also be required to review weather, flight requireme nts, battery charge, landing and takeoff distance, UA performance data, and contingency landing

areas

— before initiation of flight. Petitioner's operating documents will be kept at the ground

control station and will be accessible to the PIC at all times wh ile operating the UAS.

VI. D RUG AND A LCOHOL P ROGRAM

Textron has established policies to ensure that no person may participate in UAS flight operations if they are under the influence of alcohol or any drug.

VII. P UBLIC I NTEREST

The public interest will be served by granting Textron ' s Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the National Air Space (NAS) in controlled, safe working environments such as those proposed in this Petition. Granting

this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of

the Reform Act

— the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily required rulemaking.

The proposed UAS operations in this Petition for Exemption significantly improve safety and reduce risk by alleviating the public's exposure to danger associated with traditional aerial data collection methods, namely, full size fixed

- wing aircraft and rot orcraft. Any accident involving Petitioner's small lightweight UAS will present significantly less danger to the pilot and other individuals on the ground than one involving a full size helicopter.

{continued from previous page}
The petitioner requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight manual, marking, and
placard requirements and § 91.203(a) and (b): Civil aircraft: Certifications required. The FAA has
previously determined that relief from these sections is not necessary. See Exemption No. 11062.
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VIII. P RIVACY

The proposed operations will be conducted in acc ordance with applicable federal, state, or local laws regarding privacy. Textron will not conduct flight operations over property that it does not own or control without the prior consent and knowledge of the property owner.

IX. F EDERAL R EGISTER S UMMARY

Pu rsuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

F EDERAL R EGISTER , should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulation s:

45.23(b); 45.27(a); 61.23(a) and (c); 61.113; 61.101(e)(4) and (5); 61.315; 91.7(a ); 91.9(b)(2); 91.9(c); 91.103; 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the general public and property owners from the substantial hazards associated with using conventional fixed

- wing aircraft or

rotorcraft for aerial data collection.

X. C ONCLUSION

The proposed operations in this Petition for Exemption satisfy the criteria ar ticulated in

Section 333 of the Reform Act. In consideration of the foregoing, this Petition for Exemption provides the FAA with all the necessary justification for granting the requested exemptions allowing Textron to operate the Aerosonde for the purpos e of aerial data collection.

We thank you for your prompt consideration of our requested exemptions. Should you have any questions, or if you need additional information to support the requested exemptions, please do not hesitate to contact us

.

Very Truly Yours,

Mark E. McKinnon
Counsel for Textron Systems Corporation

Attachments