15 December 2015

Christopher O. Johnson 779 Clifton Way Vacaville, CA

95688 Email: c07chris.johnson@gmail.com Phone: (808) 639

- 1142

John R. Cuellar 5305 Perry Polk Dr. Fairfield, CA

94533 Email: john.cuellar@hotmail.com Phone: (210) 386

- 3595

Erik M. Ev ans 422 Cannon Dr. Travis AFB, CA

94535 Email: Evans098@gmail.com Phone: (334) 322

- 2051

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

Re: Petition of Christopher O. Jo hnson, John R. Cuellar, and Erik M. Evans for a Grant of Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012

1. Summary: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. Part 11, we are applying for an exemption from the Federal Avi ation Regulations listed below to operate unmanned aircraft systems ( UAS) for c ommercial aerial data

collection . The data will be used in support of the following industries: Agriculture, Aeria l Survey and Mapping, Search and Rescue, Real Estate, Mining, Construction, Engineering, and Emergency Manage ment . We respectfully submit that this petition qualifies for approval, as the Federal Aviation Administration (FAA) has previously issued grants o f exem ption in circumstances similar in all material respects to those presented herein.

2. Back ground and Description of Petitioner s :

Christopher O. Johnson: I am a current and qualified USAF KC

- 10A pilot cleared to fly by a USAF flight surgeon and also hold a commercial pilot certificate with two type ratings

. I have

over 500 hours in the KC

- 10A and have prior experience as a n MQ

- 1B Instructor Pilot, Mission Commander, and Squadron Safety Officer with over 1000 hours of PIC time in th e MQ

- 1B.

John R. Cuellar: I am a current and qualified USAF KC

- 10A pilot cleared to fly by a USAF flight surgeon and also hold a commercial pilot certificate with two type ratings. I have over 500

hours in the KC

- 10A and have prior experience as a n MQ

- 1B Instructor Pilot, MissionCommander, Director of Operations , and UAS Liaison Officer to US Air Forces Europe and

Africa command and control with over 1000 hours of PIC time in the MQ

- 1B.

Erik M. Evans: I am a current and qualified USAF KC

- 10A pilot cleared to fly by a USAF flight surgeon and also hold a commercial pilot certificate with two type ratings. I have over 500 hours

in the KC

- 10A and have prior experience as a MQ

- 1B Instructor Pilot, Supervisor of Flying , and Operations Su pervisor with over 1000 hours of PIC time in the MQ

- 1B.

The qualifications mentioned above will serve to maintain an equivalent level of aviation safety consistent with current flight operations in the NAS.

3. Description of Proposed Operation: We seek an exemption pursuant to Section 333 of the

FMRA to commercially operate a senseFly eBee and eXom UAS. Both of the aforementioned
systems have already been approved for commercial u se in other Grants of Exemption. These

vehicles meet the criteria est ablished in Section 333 of the FMRA and are suitable platforms for the conduct of aerial data collection in support of the industries noted above.

Both UAS operate well below the 55lb and 87 knot restrictions set forth by the FAA. The senseFly eBee is a small composite fixed wing UAS with a wingspan of 96 cm, it weighs 1.52lbs and can fly for approximately 50 minutes cruising at 56 mph

. The senseFly eXom is a quadcopter type UAS weighing 3.9 lbs. It is able to fly as fast as 27 mph for 22 minutes.

We ar e committed to maintaining the highest standards of flight safety and have vast experience operating U AS abroad and within the NAS. We will leverage this unique knowledge and experience to create the safest possible American UAS operation. All UAS operatio ns will be performed in accordance with the applicable operating manual and within the requirements of an applicable Certificate of Waiver or Authorization (COA). All flights will be performed under

VLOS in VMC with a PIC holding a FAA airman’s certificate

, class III medical or military equivalent, and qualified VO. All flights will maintain at or below 400 ft AGL or as allowed by

COA.

The proposed operations in this Petition for Exemption are not new or novel to the FAA. The FAA has previously issued gran ts of exemption to use small UAS for aerial data collection in support of similar industries. The low

- risk U AS operations proposed in this Petition for Exemption fall squarely within the category of aerial data collection that has been subject to previous approval. The operations we propose will be in the public’s interest because they will allow the previously mentioned industries the most economical access to aerial data collection. The UAS I propose to operate will also serve to lessen the exposure of ai rcrews, manned aircraft, and large am ounts of aviation fuel to the general risk encountered during flight operations.

4. Regulations from which Exemption is Sought: We seek exemption from several provisions of 14 CFR Parts 21, 45, 61, and 91 for purposes of conducting the requested operations using small UAS, including:

91.9(c); 45.23(b) and 45.27(a)

- Aircraft Marking and Identification Requirements91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) and (b)

- Maintenance and Inspection Requirements

61.113; 61.101(e)(4) and (5)

- Private and Recreational Pilot 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

– Preflight Action

91.109(a)

– Flight Instruction

91.119(c)

– Minimum Safe Altitudes Over Other than Congested Areas

91.121

– Altimeter Settings

91.151(a)

– Fue l Requirements for Flight in VFR Conditions

Listed below are the specific sections of 14 C.F.R. for which exemption is sought.

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

We seek an exemption from the aircraft mar king 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 un less that aircraft is identified in accordance with Part 45 of this chapter.

· 14 C.F.R. § 45.23(b), Markings of 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 display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport, “experimental,” or “provisional,” as applicable.

· 14 C.F.R. § 45.27(a), Roto rcraft, states: Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fusela ge, 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 i n accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable.”All UAS operated will bear N

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

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

We seek an exemption from the main tenance 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. An exemption from these regulations is needed 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 any required manufacturer Safety or Service Bulletins. The PIC will conduct a pre

- flight inspection of the UAS and all associated 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 critical 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 c omponents. The PIC who conducts the functional test flight will make an entry in the UAS aircraft records of the flight.

All operations will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. Operations will

be document ed and a record maintained 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 w hole, the procedures noted above will ensure that an equivalent or higher level of safety will be achieved.

C. 61.113, 61.101(e)(4) and (5): Private and Recreationa l Pilot Privileges and Limitations

We seek exemption from 14 CFR § 61.113, which restric ts private pilot certificate holders from flying aircraft for compensation or hire, and would also requ i re a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PI C 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. 110 6 2 to Astraeus Aerial, the FAA determined that the unique characteristics 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 C ertificate and Class II Medical Certificate. The fulfillment of the additional requirements 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, th e FAA determined that holders of recreational and sport pilot certificates would 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 Secu rity (DHS), the FAA determined that holders of recreational and sport pilot certificates would be qualified to serve as the PIC for UAS operations.

D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness c ertificate issued for the UAS, we seek an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy condition to be operated. While the petitioner’s UAS will not have an airworthiness certificate, the FAA has

determined th at for the purposes of this exemption the pilot may determine the aircraft is in an airworthy condition prior to flight

. The senseFly operating manuals contain procedures that allow the PIC to determine whether the aircraft is in a condition safe for fligh t, 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 Certification 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.

- registered 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 c ombination 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 perso n 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 passengers 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 Chief Counse l’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 manual, registra tion certificate, and other required documents from the ground control station from which he or she is operating the aircraft. As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key docu ments 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.

F. 91.103: Preflight Action

We seek 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 with al l 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 manual will ensure that the UAS is in an airworthy condition prio r 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 wea t her, NOTAMs, flight requir ements, battery charge, landing and takeoff distance, UA performance data, and contingency landing areas

— before initiation of flight. The operating manual will be kept at the ground control station and will be accessible to the PIC at all times while opera ting the UAS.

G. 91.109(a): Flight Inst ruction

We seek an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part t h at “[ n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight

instruction unl ess 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 aircraft via ra dio communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Given the s ize and speed of the UAS that we intend to use, an equivalent level of safe training

can still be achieved without dual controls because no pilot or passengers are aboard the UAS, and as required by the operating documents, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight instruction. Moreover, all flight tr aining will be conducted in controlled and sterile environment. As a whole, the procedures provided for in the operating manual ensure that UAS flight instruction can be performed safely.

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas

We request an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 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 a r eas. See 14 C.F.R. § 91.119(c).

An exemption is required because the proposed UAS operations will normally need to occur

below 400 feet AGL. A dditionally, due to the nature of the proposed operations, the PIC and/or Observers may need to be less than 500 feet away from the UAS. Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel with the UAS, any risk associated with these 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 t he controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to below 400 feet AGL. As set forth in the operating documents, the UAS will be operated in a controlled environment , and all flights will occur at a lateral distance of at least 500 feet from nonparticipating persons, unless that person is in a position where he or she is shielded from the UAS and any possible debris resulting from UAS failure. Procedures will be in pl ace to ensure flight operations can be safely terminated if a nonparticipating person within 500 feet of the UAS leaves a shielded position. Further, UAS operations will occur at least 500 feet away from vehicles or structures unless the property

owner/con troller has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects, and operations near the PIC or Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions will ensure the proposed operations can be conducted without compromising safety to persons or property on the ground.

I. 91.121: Altimeter Settings

For the proposed operations, we request 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.

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 91. 121 can be achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on

- screen display and, (4) where prior to ea ch flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. The UAS that Petitioner intends to use for performing the proposed operations meet all these operational characteristics. Moreover, the PIC will ensure proper operation of the aircraft’s GPS prior to each flight operation. As the FAA has determined in circumstances similar to this Petition for Exemption, the UAS I propose to operate and my knowledge of aviation safety mitigation techniques, ensure that an equivalent level of safety will be achieved, and a grant of

exemption to the requirements of §191.121 is therefore appropriate. 17

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

We request an exemption from 14 C.F.R. § 91.151(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) 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.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30

- minut e battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required.

The FAA has previously granted relief from the fuel requirements of § 91.151(a) for flight in daytime VFR conditions in circumstances similar to th ose presented in this Petition for Exemption. In Exemption No. 112 1 3 to Aeryon Labs, Inc., the FAA determined that a requirement prohibiting the PIC from beginning a UAS flight unless (considering wind and forecast weather conditions) there was enough avai lable power for UAS to operate for the intended operational time and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater, would ensure an equivalent level of safety to the fuel requirements o f § 91.151(a). Operations will adhere to these requirements and an exemption from § 91.151(a)’s fuel requirements for flight in VFR conditions is therefore appropriate.

5. Public Interest:

The public intere st will be served by granting our Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congr ess’ 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.

More importantly however, and as recognize d by the FAA in prior grants of exemption allowing commercial operation of UAS for purposes similar to those described herein, granting the requested exemptions will significantly improve safety and reduce risk by alleviating the public’s exposure to dange r and emissions associated with using manned aircraft to perform equivalent aerial data collection. Petitioner’s UAS are battery powered and create no emissions. Moreover, in the unlikely event that one of Petitioner’s UAS crash, there is no fuel to ignite and explode. Any accident involving Petitioner’s lightweight UAS will present significantly less danger to the pilot and other individuals on the ground than one involving a full size aircraft.

Beyond increased levels of safety, the public stands to ben efit enormously from the use of UAS. UAS offer a unique, sa fe, low cost method of obtaining an aerial perspective on an area. From the printing press, t o the internet, and everything in between, new technologies are often used to advance and protect the pu blic’s rights by enhancing access to important information. Like thetechnologies that came before it, UAS offer an alternative means to gather and disseminate vital mapping data and other important information in situations where it would be too unsafe or cost prohibitive to fly a conventional aircraft. The public as a whole will benefit from the increased access to information that UAS can bring to industries across the country.

6. Conclusion: Our Petition for Exemption satisfies the criteria articulate d in Section 333 of the Reform Act of 2012, including : weight, speed, operating capabilities, proximity to airports and populated areas, operation within VLOS and national security. The proposed operations in this Petition for Exemption are similar to thos e in previously issued grants of exemptions, and they would benefit the public as a whole by improving safety. In consideration of the foregoing, this Petition for Exemption provides the FAA with all the necessary justification for issuance of a

Grant of E xemption allowing Christopher O. Johnson , John R. Cuellar and Erik M. Evans to use small UAS for aerial data collection in support of multiple industries.

Thank you for your prompt consideration of my requested exemptions. Should you have any questions, o r if you need additional information to support the requested exemptions, please do not hesitate to contact the undersigned.

Respectfully

,

Christopher O. Johnson

John R. Cuellar

Erik M. Evans