Before the FEDERAL AVIATION ADMINISTRATION

Washington, DC

PE TITION FOR EXEMPTION TO OPERATE FAA R egulatory Docket No. S MALL UNMANNED AIRCRAFT SYSTEMS

___________________

I. SUMMARY Terp et al, LLC ., a California company (" Terp et al "), located at 920 Orizaba Ave., Long Beach, CA 90804 seeks authority to commercially operate a unmanned aircraft system fleet pursuant to Federal Aviation Regulations (14 C.F.R. § 1.61) and Section 333 of the FAA
Modernization and Re form Act of 2012, Special Rules for Certain Unmanned Aircraft Systems. Terp et al also seeks exemption from the requirements of certain provisions of 14 C.F.R. Parts 21, 36, 45.23(b), 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) and (b), 61.133(b), 61. 315(a), 91.7(a), 91.9 (b)(2), 91.103(b)(1), 91.109(a), 91.119(c), 91.121, 91.151, 91.203(a) and (b) 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b). The proposed exemptions, if granted,
would allow Terp et al to conduct commercial ope rations of small unmanned aircraft systems (“UAS”) weighing 55 pounds or less.

II. BACKGROUND Terp et al is a cutting edge professional services and technology company. Consistent with Congressional intent in enacting Section 222, Terp et al seeks to utilize remote flying and viewing technology to create value for its clients in education and research

. Terp et al seeks the requestedexemptions and a Certificate of Authorization permitting Te rp et al to offer a suite of services to

various industr ies and use cases, such as:

 Aerial photography, videography, and surveying;

 Closed

- set filming and aerial photography;

 Surveying, monitoring, inspections, videography, photography and filmmaking;

 Aerial imaging for safety, monitoring, inspecting a nd/or recording of secured and controlled environment construction sites, proposed development sites, inspections of property, and photography for realty advertisements;

 Precision photogrammetry and crop scouting;

 Search operations for missing persons;

 Educational research, technical demonstrations and training;

 Precision agriculture, market research, surveying, mapping and inspection; and

 Oil and gas pipeline inspections, solar installation inspections, power line/cable inspections, cooling tower inspections, forestry, critical infrastructure inspections, wind turbine inspections, and radiation measurement and monitoring

III. STATUTORY A UTHORITY Section 333, Special Rules for Certain Unmanned Aircraft Systems, provides a procedure for seeking expedited FAA authorization for safe civil UAS operations in the NAS. Subpart a states that the FAA “shall determine if certain unmanned aircraft sy stems may operate safely in the national airspace system before completion of the [comprehensive] plan and rulemaking required by 332(b)(1) of this act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that section 333 provides a procedure for “expedited operational
authorization.” Section 333(b) identifies factors that the FAA should consider in determining whether commercial US operations should be approved when, “as a result of their size, weight, speed,

o perational capability, proximity to airports and populated areas, and operation within the visualline of sight do not create a hazard to users of the [NAS] or the public or pose a threat to national

security.” In addition, Section 44701(f) confers a gener al authority to grant exemptions from the FAA’s safety regulations and minimum standards when the administrator decides a requested exemption is in the public interest.

IV. TERP ET AL EXEMPTIONS REQUESTED Terp et al requests relief from:
14 C.F.R. Part 21 pr escribes, in pertinent part, procedural requirements for issuing and changing design approvals; production approvals; airworthiness certificates; and airworthiness approvals.

1 4 C.F.R. Part 36 sets forth noise standards for aircraft type and airworthiness certification. 14 C.F.R. Part 45.23(b) sets forth the requirement, if applicable, that the word “Restricted” be displayed on the unmanned aircraft near each entrance to the cabin, cockpit or pilot station. 14 C.F.R. Part 61.23(a) and (c) sets forth require ments for medical certificates. 14 C.F.R. Part 61.101(e)(4) and (5) prescribes recreational pilot privileges and limitations. 14 C.F.R. Part 61.113(a) and (b) prescribes private pilot privileges and limitations. 14 C.F.R. Part 61.133(b) prescribes commerci al pilot privileges and limitations.14 C.F.R. Part 91.7(a) prescribes, in pertinent part, that no person may operate a civil

aircraft unless it is in an airworthy condition. 14 C.F.R. Part 91.9 (b)(2) prohibits operation of US registered civil aircraft un less there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and records, or any combination thereof. 14 C.F.R. Part 91.103(b)(1) prescribes, in pertinent part, that each pilot in comm and shell, before beginning a flight, become familiar with all available information concerning that flight, include, “for any flight, runway lengths at airports of intended use, and the following takeoff and landing distance:... For civil aircraft forwards and approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein.” 14 C.F.R. Part 91.109(a) provides that “no person may operate a civil aircraft (except in manned free balloon) that is being used for flight instruction unless the aircraft has fully functioning dual controls.” 14 C.F.R. Part 91.119(c) prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the ce rtain altitudes under certain conditions. 14 C.F.R. Part 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “to the elevation of the departure airport or an appropria te ultimate setting available before departure.” 14 C.F.R. Part 91.151 prescribes that 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 tothe first point of intended landing and, assuming normal cruising speed, (1) during the day, to fly

after that for at least 30 minutes; or (2) at night, to fly after that for at least 45 minutes. 14 C.F.R. Part 91.203(a) and (b) prohibits, in subpart (a), any person oper ating a civil aircraft unless it has within it (1) an appropriate concurrent airworthiness certificate; and (2) an effective US registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft Registr ation Application as provided for in §43.3 7(c). Section 91.203 prescribes, in subpart (b), that no person may operate a civil aircraft unless and airworthiness certificate or a special flight authorization issued under §91.715 legible to passengers

or cre w is displayed at the capital cockpit. 14 C.F.R. Part 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, inventive maintenance, rebuilding, or alteration unless it has been approved for return t o service by a person authorized under §43.7 of the same chapter. 14 C.F.R. Part 91.409(a)(1) and (2) prescribes, in pertinent part, that no person may operate aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issua nce of an airworthiness certificate in accordance with part 21 of this chapter. 14 C.F.R. Part 91.417(a) and (b) prescribes, in pertinent part, that each registered owner or operator shall keep the following records for the periods specified in paragraph ( b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

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

— (i) A description (or reference to data acceptable to the Administrator) ofthe work performed; and (ii) The date of completion of the work performed; and (iii) The

signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: (i) the total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis, (iv) the current inspection status of the air craft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained, and (v) The current status of applicable airworthiness directives (AD) and safety directives including, for e ach, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required, and (vi) copies of the forms prescribed by §43.9(d) of this cha pter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. The records specified in paragraph (a)(2) of this section shall be retained and transferred
with the aircraft at the time the aircraft is sold. A list of defects furnished to a registered owner or operator under §43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

V. TERP ET AL ’S OPERATIONS SATISFY SECTION 333 REQUIREMENTS

a. Terp et al ’s UAS FleetTerp et al proposes to operate two small UAS under this exemption.

Yuneec Q500 Terp et al seeks an exemption to operate a Yuneec Q500 for compensation or hire. The Q500 is comprised of a multi

- rotor unmanned aircraft and one ha ndheld ground control station

. The Q5 00 is equipped with four rotors driven by four lithium polym er battery powered electric motors. Design and operational characteristics are provided in Operating Manual available at http://www.yuneec.com/download/TyphoonQ500P UserManualV1.pdf

3DR Iris+ Terp et al seeks an exemption to operate a 3DR Iris+ for compensation or hire. The 3DR
Iris+ is comprise d of a multi

- rotor unmanned aircraft and one handheld ground control stations.
The 3DR Iris+ is equippe d with four rotors driven by four lithium polymer battery powered electric motors. Design and operational characteristics are provided in the Operating Manual available at http://3drobotics.com/wp

- content/uploads/2015/02/IRIS

- Plus

- Operation

- Manual

- vH

- web.pdf

.
b. Pi lot In Command (PIC) and Operations

All Terp et al Flight Crews, including PIC and Visual Observers (VO), will be qualified as directed by FAA and Terp et al Standard Operating Procedure (SOP). All flight crewmembers, including PIC and VO, will have an under standing of, and comply with, Title 14 Code of Federal Regulations, and/or Agency directives and regulations, applicable to the airspace where the UAS will operate. Specifically all flight crew members will receive training on the rules and responsibilitie s described in 14 CFR Part 91 Sections 91.111, 91.113 and91.115 regarding cloud clearance, flight visibility and the pilot controller glossary, including

standard ATC phraseology and communication. The PIC must possess at least a current private pilot ce rtificate and third class medical certificate. The PIC must also meet the flight review requirements specified in 14 CFR Section 61.56 in an aircraft in which the PIC is rated on his/her pilot certificate. Prior to operations, the PIC must have accumulate d and logged, in a manner consistent with 14 CFR Section 61.51(b), a minimum of 25 hours of total time as a UAS pilot and at least ten hours logged as a UAS pilot with similar UAS type (fixed wing or rotary). Prior documented flight experience that was obt ained in compliance with applicable regulations may satisfy this requirement. Training, proficiency, and experience building flights are requested to be conducted under this grant of exception to accomplish the required flight cycles and flight time. Durin g training, proficiency, and experience building flights, all persons not essential for flight operations
will be considered non

- participants and the PIC will operate the UAS with appropriate distance
from non

- participants in accordance with 14 CFR Section 91.119. The UAS shall remain clear and yield the right of way to all other manned aviation operations and activities at all times. The UAS shall be operated at an altitude of no more than 400 feet above ground level (AGL). All altitudes reported to ATC wi ll be in feet.

The multi

- rotor UAS shall not be flown at a ground speed exceeding 30 mph. Fixed wing and hybrid UAS shall be flown at a ground speed not to exceed the maximum design limitation air speed of 57 mph as stated in the operating manuals.UAS Ope rations will be conducted under visual meteorological conditions (VMC). The

UAS will not be operated less than 500 feet below or less than 2000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

If the UAS loses co mmunications or loses its GPS signal, it must return to a pre

- determined location within the planned operating area and land or be recovered in accordance with Terp et al
SOP. The UAS PIC must abort the flight in the event of unpredicted obstacles or emerge ncies in accordance with operating documents. The UAS PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UAS w ith 25% battery power remaining.

c. Terp et al ’s UAS Operating Parameters The UAS operated in accordance with this proposed exemption shall be identified by serial numbers, registered in accordance with 14 CFR part 47, and have identification (N

- Number)

mar kings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable. The UAS documents required under 14 CFR 91.9 and 91.203 shall be available to the PIC at the Ground Control Station of the UAS anytime the aircraft is operating. Those documents shall be available to the Administrator or any law enforcement official upon request. Any UAS incidents, accidents or flight operations that transgress the lateral or vertical boundaries of the operational area as defined by the applicable COA shall be reported to the FAA’sUAS Integration Office (AFS

- 80) within 24 hours. Accidents shall be reported to the National

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. Unless otherwise specified in this petition, the UAS PIC, and the UAS operations shall comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61 and 91. The UAS shall not be operated over congested or densely populated area s. These areas include but are not limited to the yellow areas depicted on World Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). Each work site will
also be evaluated based on local conditions. Operatio ns of UAS may be conducted at distances less than 500 feet from participating persons, vessels, vehicles or structures that perform an essential function in connection with these special purpose operations. Operations closer than 500 feet from the PIC, VO, operator trainees and essential persons are permitted when operationally necessary; but never so close to present an undue hazard. This is consistent with Exemption No. 11138. Operations of UAS may be conducted at distances less than 500 feet from unoccup ied vessels, vehicles or structures owned by the land owner/controller when the land owner/controller grants such permission, and the PIC makes a safety assessment of the risk from operations and determines that it does not present an undue hazard to perso ns or property. This is consistent with Exemption No. 11138. Flight operations will be conducted at least 500 feet from all nonparticipating persons unless barriers or structures are present that sufficiently protect nonparticipating persons from theUAS a nd/or debris in the event of an accident. Terp et al shall 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 UAS, flight operations wi ll cease immediately. This is consistent with Exemption No. 11138. All operations of UAS shall be conducted with the permission from the land owner/controller or authorized representative. Permission from the land owner/controller or authorized representat ive will be obtained for each flight to be conducted. The UAS will not operate within 5 nautical miles of an airport reference point as denoted

on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obt ained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management will be made available to the Administrator upon request. This is consistent with Exemption No 11159.

Th e UAS must be operated within VLOS of the PIC and VO at all times. This requires the PIC to be able to use human vision to see the UAS unaided by any device other than corrective lenses, as specified on the PIC’s FAA issued medical certificate. All UAS ope rations must utilize a VO. 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. The PIC and VO must be designated before the flight and

can not transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the functions prescribed in Terp et al ’s SOP.The UAS will not be operated by the PIC from any moving device or vehicle. Operations

will not be c onducted during night as defined in 14 CFR 1.1. Terp et al will conduct preflight safety risk assessments to determine that the UAS is in a condition for safe flight (14 CFR Section 91.7(b)) and that the planned operation can be completed safely. Specific p rocedures are addressed in Terp et al ’s SOP, and UAS Operation Manuals. Terp et al ’s operations do not require a notification to Flight Standards District Offices (FSDOs).
Terp et al shall obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations outside the parameters of this requested grant of exemption. Additionally, Terp et al will request a Notice to Airmen (NOTAM) not more than 72 hours, but not less than 48 hours prior to the operation.
Prior to operatio ns conducted for the purpose of precision agriculture (or similar operations), the PIC must have accumulated and logged in a manner consistent with 14 CFR Section 61.51(b), a minimum of five hours as a UAS PIC operating the make and model of the UAS
to be utilized for operations under this requested exemption, and three take

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

- building, and take

- off and landing currency flights are requested to be conducted under this grant of exemp tion to accomplish the required flight time and 90 day currency. During training, proficiency, experience building, and
take

- off and landing currency flights all personnel not essential for flight operations are considered nonparticipants, and the PIC must operate the UAS with appropriate distance from nonparticipants in accordance with 14 CFR Section 91.119.All operations must utilize a VO. The VO may be used to satisfy the Visual Line of Sight

(VLOS) requirement as long as the PIC always maintain VLOS c apability. The VO and PIC must be able to communicate verbally at all times. This condition and limitation is consistent with all FAA approved Exemptions.

VI. Terp et al ’s Requested Exemption Promotes the Public Interest Granting Terp et al ’s petition for ex emption will further the public interest because Terp
et al seeks to perform necessary and vital services for public and private organizations. Such services include research, education, agricultural, search and rescue. The Terp et al unmanned
aircraft fleet are battery

- powered UAS that serve as a safe, efficient, and economical alternative to the demand aircraft traditionally utilized in obtaining aerial imagery within these industries. An exemption allowing Terp et al ’s UAS fleet to operate would reduce the amount of manned aircraft operating in the NAS, reduce noise and air pollution. In addition, the safety of life and property both in the air and on the ground would be improved. By reducing the number of manned aircraft operating in the NAS airport conges tion caused by arriving and departing aircraft will be reduced. The Terp et al UIS fleet does not require an airport to take off or land. A reduction of manned aircraft conducting aerial imagery flights would mean air traffic control handling less traffic d uring the ground, takeoff, departure, arrival and landing phases of flight operations. Aerial imagery missions using the Terp et al UAS fleet, instead of manned aircraft, benefits the public by drastically reducing air and noise pollution generated during manned aircraft operations. The Terp et al UAS fleet, a battery powered electric motor, is the most viableenvironmentally conscious alternative to internal combustion aircraft. The maximum gross weight

of 5 pounds per UAS has less physical mass for collate ral damage to life and property whether on the ground or in the air.

a. Exemption From The Requirements Of Section 91.9(b) Would Not Adversely Affect Safety This exemption would maintain the level of safety established by Section 91.9(b) because Terp et
al will keep the approved Airplane Flight Manual at the ground control station where the pilot in
command will have immediate access to the document. Previous exemptions granted by the FAA concerning Section 91.9(b) establish that safety is not adversely aff

ected when the approved Aircraft Flight Manual is kept at the ground control station of a UAS, where it can be immediately accessed by the pilot in command. Section 91.9(b) “requires aircraft to carry the flight manual so the pilot would have ready access to the aircraft limitations while in flight.” Exemption No. 8607. However, the FAA has also found that UAS will always be operated without any passengers or crew onboard, and that “requiring these special

- use aircraft [UAS] to carry superfluous paper docum ents may present a safety hazard to the integrity of the [UAS].” Id. The FAA has previously granted exemptions in circumstances similar, in all material respects, to those presented herein (e.g., Exemption Nos. 8607, 8737, 8738, 9299, 9430, 9554, 9564, 956 5, 10167, 10602, 10673, 10835, 10869, 10968).

b. Exemption From The Requirements Of Section 91.203(a) and (b) Would Not Adversely Affect SafetyThis exemption would maintain the level of safety established by Sections 91.203(a) and (b)

because Terp et al wi ll keep the required documents at the ground control station where the pilot
in command will have immediate access. Previous exemptions granted by the FAA concerning Sections 91.203(a) and (b) establish that safety is not adversely affected when the Airwor thiness Certificate and U.S. registration certificate are kept at the ground control station of the UAS, where it can be immediately accessed by the pilot in command. Specifically, the FAA has held that the intent of Sections 91.203(a) and (b) is
better se rved by having the required documents in the control of the UAS operator (pilot in command), reasoning as follows: “The original intent of the subject regulation was to display the airworthiness and registration documents so they would be easily available to FAA inspectors and passengers for inspection and verification of the airworthiness and registration of the aircraft . . . In this case, the aircraft will always be operated without any passengers or crew.”

The missions for which UASs are intended will prevent the need for aircraft normally prescribed for civil aircraft. Further, it will be operated on strictly confined missions from a known departure and arrival point, under the constant control of a pilot

- in

- command. Requiring these special

- use aircraf t to carry superfluous paper documents may present a safety hazard to the integrity of the [UAS]. FAA operating limitations and special arrangements with Air Traffic Control (ATC) for surveillance of [UAS] flights adequately compensate for the requirement s for carrying airworthiness and registration documents. The intent of the regulation is better served by having the required documents in the control of the aircraft operator and available for inspection under the special conditions prescribed in this exe mption.The FAA has previously granted exemptions in circumstances similar, in all material respects, to

those presented herein (e.g., Exemption Nos. 8607, 8737, 8738, 9299, 9564, 9565, 10167, 10602, 10673, 10835, 10869, 10968).

VII. CONCLUSION
As set forth above, Terp et al seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012, which will permit safe operation of the Terp et
al UAS fleet commercially, without an airworthiness certificate, for the purposes described above. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, and the public, by allowing Terp et al to safely, efficiently, and economically operate the UAS fleet commercially within the NAS. WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Terp et al respectfully requests that the Administrator grant
this Petition for an exemption from the requirements of 14 C.F.R. Parts 21, 36, 45.23(b), 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) and (b), 61.133(b), 61.315(a), 91.7(a), 91.9 (b)(2), 91.103(b)(1), 91.109(a), 91.119(c), 91.121, 91.151, 91.203(a) and (b) 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b). Dated this 31 May 2015.

Daryl G. Crouse, Esq. 920 Orizaba Ave. Long Beach, CA 90804 (562) 342

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