October 17, 2015
GermanNovaria 1015 E Yager Ln Unit 98 Austin, TX 78753
U.S. Department ofTransportation DocketManagement System 1200 NewJersey Ave., SE Washington, DC 20590
RE: Petition for Exemption

Dear Sir or Madam, Pursuantto Section 333 ofthe FAAModernization and Reform Act of2012, GermanNovaria (the petitioner), hereby request exemption to conduct commercial aerial data collection and UAS flight instruction. The following is in accordance with 14 C.F.R. §11.81.
Petitioner: Address:
Phone: Email: German Novaria 1015 E Yager Ln Unit 98 Austin, TX 78753 (512) 502-5120 novaria@mail.com
The petitioner seeks exemption from sections 14 CFR 21 subpart H; 14 CFR45.23(b); 14 CFR 61.113(a); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121 ; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(l) and (2); 14 CFR 91.417(a) and (b).
The petitioner seeks relieffrom the listed sections to the extent necessary to allowthe petitioner to operate a UAS to conduct aerial data collection, and UAS flight training for the following reasons. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR §91.203 (a) (1).
Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements ofan equivalent level of safety under Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 ofthe Reform Act both authorize the FAAto exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximity to airports and populated areas ofthe particular small UAS. Inall cases, an analysis ofthese criteria demonstrates that the small UAS operated

Page 1 of 6without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The small UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilotnor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within a secured and designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by boththe operator and under the requirements and in compliance with local public safety requirements. These safety enhancements provide a greater degree ofsafety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 CFRPart 21 , Subpart H. Lastly, application ofthese
same criteria demonstrates thatthere is no credible threat to national security posed by the small UAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials or flammable liquid fuels, and inability to carry a substantial external load.
14 C.F
.R. §45.23 (b). Marking ofthe Aircraft The regulation requires: 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 orprovisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, orpilot 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

. Even though the small UAS will have no airworthiness certificate, an exemption may be needed as the small UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe small UAS, two

-inch lettering will be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalent level ofsafety will be provided by having the small UAS marked on its fuselage as required by §45

.29 (f) where the pilot, observer and others working with the small UAS will see the identification ofthe small UAS as "Experimental."
14 C.F.R. §61.113(a): Private Pilot Privileges and Limitations: Pilot in Command. Pursuant to 14 CFR 61.113 (a), no person who holds a private pilot certificate may act as a pilot in command ofan aircraft that is carrying passengers orproperty for compensation or hire. Our small UAS do not carry any pilots orpassengers nor property therefore I am seeking an exemption to 14 CFR 61.113 (a)

. Although helpful, a pilot's license will not ensure remote control piloting skills. The risks attendant to the operation ofsmall UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. I feel the operation and limitations set forth in the FOM will equate to the safe operation ofthe small UAS

. 14 C.F.R. §91.7(a): Civil Aircraft Airworthiness. The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition.

Page 2 of 6As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use ofsafety checklists prior to each flight an equivalent level of safety will beprovided.
14 C.F.R. §91.9 (b) (2}: Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft

... (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approved airplane orRotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof.
The small UAS, given its size and configuration has no ability orplace to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level ofsafety will be maintained by keeping the flight manual atthe ground control point where the pilot flying the small UAS will have immediate access to it.
14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.
Small UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraft viaradio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction 

### in experimental aircraft. The equivalent level ofsafety provided bythe fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft

. 14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA.
As this exemption is for a small UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein, the small UAS will never operate at higher than400 AGL with the exception that 

### in circumstances where the small UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the small UAS will not be operated more than 100' above the highest point on the structure. It will however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to operations without their preobtained consent. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe small UAS as well as the location where it is operated. No flight will be taken without the permission ofthe property owneror local officials

. Because ofthe advance notice to the property owner and participants in the filming activity, all affected individuals will be aware ofthe planned flight
Page 3 of 6operations. Compared to flight operations with aircraft orrotorcraft weighting far more than the maximum 551bs. proposed herein and the lack offlammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude operations ofthe small UAS will ensure separation between these small UAS operations and the operations ofconventional aircraft that must comply with Section 91.119.
14 C.F.R. §91.121 Altimeter Settings. This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "

... to the elevation ofthe departure airport or an appropriate altimeter setting available before departure."
As the small UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight.
14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151 (a) prohibits an individual from beginning "aflight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed (1) During the day, to fly afterthat for at least 30 minutes; or (2) At night, to fly afterthat for at least 45 minutes."
The battery powering the small UAS provides approximately 30 minutes ofpowered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, small UAS flights would be limited to approximately 10 minutes in length. Given the limitations on the small UAS's proposed flight
area and the location ofits proposed operations within a predetermined area, a longertime frame for flight in daylight ortwilight VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope ofprior exemptions. Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes ofreserve fuel, does not engenderthe type ofrisks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting small UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that
an equivalent level ofsafety can be achieved by limiting flights to 30 minutes or 25% ofbattery power- whicheverhappens first. This restriction would be more than adequate to return the small UAS to its planned landing zone from anywhere in its limited operating area.
14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinentpart: (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) ofthis 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. Page 4 of6The small UAS fully loaded weighs no more than 55 lbs. and is operated without an on board pilot. As such, there is no ability orplace to carry certification and registration documents or to display them on the small UAS.
Anequivalent level ofsafety will be achieved by keeping these documents at the ground control point where the pilot flying the small UAS will have immediate access to them; to the extent they are applicable to the small UAS.


### 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & 

### (b): Maintenance Inspections. These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpartE ofthispart and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 ofthis chapter

... ,"and others shall inspect or maintain the aircraft in compliance with Part 43.
Given that these section and Part43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook

. An equivalent level ofsafety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas for limited periods oftime. Ifmechanical issues arise the small UAS can land immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the small UAS is in working order prior to initiating flight,perform required maintenance, and keep a log ofany maintenance performed. Moreover,the operator is the person most familiar withthe aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. An equivalent level ofsafety will be achieved because maintenance and inspections will be performed in accordance with the small UAS Manufacturer's Manual, as referenced in the Aircraft Operations Manual (AOM). As provided in the FOM, the operator will ensure that the small UAS is in working order prior to initiating flight and perform required maintenance needed

. 

### Public Interest and Level ofSafety
Given the small size ofthe small UAS and the controlled environment provided the proposed operations will adhere to the Reform Act's safety requirements. Regarding the level ofsafety surrounding the proposed operations and the public benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant ofthe requested exemption is in the public interest.


### The proposed UASs areDJI models Phantom 3, Inspire 1 and 81000+.
Links to user manuals and specs: http:/ /www.dji.com/product/phantom-3/download http://www.dji.com/product/phantom-3/spec http://www.d j i.corn/product/inspire-1

### I download http://www.dji.com/product/inspire-1/spec http://www.dji.corn/product/spreading-wings-s1 000-plus/download http://www.dji.com/product/spreading-wings-s1000-plus/spec
Page 5 of6Conclusion
Thepetitioner is a airplane and helicopterrated private pilot. Having worked for a DJI authorized distributor and repair center he logged significant flight hours operating the above proposed UASs and is dedicated to their safe and responsible operation

.
Sincerely,

German Novaria

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