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

Prepared 

### by: Ryan Cowell Manager, Soaring Sky, LLC 2180 W 1st Street#310 Fort Myers, FL 33901 239.333.2447 ryan@soaringsky.net 

## Soaring Sky, LLC Section 333 Petition to Operate Small Unmanned Aerial Systems April 9, 2015Petition Summary: 

### Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012, Pub. L. No. 112-95 (2012), 126 Stat. 11 ("Section 333") and the Federal Aviation Administration's ("FAA") general exemption authority under49 U.S.C. section 44701 (f), 

### Soaring Sky ("Petitioner") hereby petitions for exemptions from 14 C.F.R Part 21, Subpart H 

### (Airworthiness Certificates), 14 C.F.R. Part 27 (Airworthiness Standards: Normal Category Rotorcraft), 14 C.F.R sections 61.113(a)-(b), 91.103(b)(1), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(2}, and 91.417(a)-(b). The proposed exemption, ifgranted, would allow Petitionerto conduct commercial operations ofsmall unmanned aircraft systems ("UAS") meeting or exceeding all ofthe operational and safety requirements Congress has set forth in Section 333. Petitioner is an aviation technology company that plans to exploit the capabilities of Unmanned Aerial Systems to offer a multitude ofservices, including:

- Aerial surveying

- Remote sensing

- Telecommunications

- Agriculture

- Aerial filmmaking and photography

- Energy systems inspections and asset management

- Construction site inspections and monitoring

- Wildlife and forestry monitoring

- Educational and research operations

- Pipeline inspection and patrollingStatutoryAuthority Section 333, titled "Special Rules for Certain Unmanned Aircraft Systems", provides a mechanism for seeking expedited FAAauthorization ofsafe civil UAS operations in the NAS. Section 333(a) states thatthe FAA "shall determine ifcertain unmanned aircraftsystems may operate safely in the national airspace system before completion ofthe (comprehensive) plan and rulemaking required by section 332(b}(1) ofthis Act or the guidance required by section 334 ofthis Act." In Section 332(b}(1), Congress made itclear that Section 333 provides a mechanism for "expedited operation authorization" ifseveral factors are met. Petitioner meets all requirements to permit FAAapproval ofcommercial UAS operations.

The Petitioner Requests Relief From the Following: Section 61.113(a) and (b) prescribes that- (a) no person who holds a private pilot certificate may actas a pilot in command ofan aircraft that iscarrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command ofan aircraft. (b) a private pilot may, for compensation or hire, act as pilot in command ofan aircraft in connection with any business oremployment if: (1) The flight is only incidental to that business oremployment; and (2) The aircraft does notcarry passengers or propertyfor compensation or hire. Section 91.103 prescribes, in pertinent part, that each pilot in command shall, before beginning a flight, become familiarwith all available information concerning thatflight, to include- (a) For a flight under IFR ora flight not in the vicinity ofan airport, weather reports and forecasts, fuel requirements, alternatives available ifthe planned flight cannot be completed, and any known traffic delays ofwhich the pilot in command has been advised by ATC; (b) For any flight, runway lengths atairports ofintended use, and the following takeoffand landing distance information: (1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoffand landing distance data is required, the takeoff and landing distance data contained therein;(2) For civil aircraft otherthan those specified in paragraph (b)(1) ofthis section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values ofairport elevation and runway slope, aircraft grossweight, and wind and temperature. Section 91.119 prescribes that, exceptwhen necessary fortakeoffor landing, no person may operate an aircraft belowthe following altitudes: (a) Anywhere. An altitude allowing, ifa power unitfails, an emergency landing without undue hazard to persons or property on the surface. (b) Over congested areas. Overany congested area ofa city, town, or settlement, or over any open airassembly ofpersons, an altitude of 1,000feet above the highestobstaclewithin a horizontal radius of2,000 feet ofthe aircraft. (c) Over otherthan congested areas. An altitude of500 feet above the surface, except over open water orsparsely populated areas. In those cases, the aircraft may not be operated closerthan 500 feet to any person, vessel, vehicle, orstructure. (d) Helicopters, powered parachutes, and weight-shift-control aircraft. Ifthe operation is conducted without hazard to persons or property on the surface- (1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) ofthis section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and (2) A powered parachute orweight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) ofthis section. Section 91.121 requires, in pertinent part, each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "to the elevation ofthe departure airport or an appropriate altimetersetting available before departure." Section 91.151(a) prescribes that no person may begin a flight in an airplane underVFR conditions unless (considering wind and forecastweather conditions) there is enough fuel to fly to the first point ofintended landing and, assuming normal cruising speed, (1) during the day, to fly afterthatfor at least30 minutes; or (2) At night, to fly afterthatfor at least45 minutes. [emphasis added] Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft inspected as prescribed in subpart E ofthe same partand shall, between required inspections, except as provided in paragraph (c) ofthe same section, have discrepancies repaired as prescribed in part43 ofthe chapter.date. Ifthe AD or safety directive involves recurring action, the time and datewhen the next action is required. (vi) Copies ofthe forms prescribed by§ 43.9(d) ofthis chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owneror operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a)(1) ofthis section shall be retained until the work is repeated or superseded by otherwork orfor 1year afterthe work is performed. (2) The records specified in paragraph (a)(2) ofthis section shall be retained and transferred with the aircraft atthe time the aircraft is sold. (3) A list ofdefects furnished to a registered owner or operator under§43.11 ofthis chapter shall be retained until the defects are repaired and the aircraft is approved for return to service.

The Petitioner has Supplied the Following Additional Information: Phantom PilotTraining Guide and Phantom 2 User Manual.

Unmanned Aircraft System The petitionerstates thatthe unmanned aircraft (UA) to be operated underthis request is less than 55 lbs. fully loaded, flies at a speed of no more than 50 knots, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within a secured area as setout in the PilotTraining Guide. The craft is the Phantom 2 manufactured by OJ

### I. The quadcopter has 4 motors, GPS, full autonomous autopilot capabilities, telemetry and manual ground control. In addition, the craft has integrated safety features built intothe design ofthe UAS, as described in the PilotTraining Guide, to ensure the safety ofpersons and property within and surrounding the limited operating area. The petitionerfurther describes that, in the eventthe UAS loses communications or its GPS signal, the UA will have the capability to return to a pre-determined location within the Security Perimeter and land. Itwill also have the capability to abort a flight in the eventofunpredicted obstacles or emergencies. Petitioner's UAS will be identified by serial number, registered in accordancewith 14 C.F.R. Part 47, and have identification (N-Number) markings in accordance with 14 C.F.R. Part45, Subpart C. Markings will be as large as practicable.Pre-flight Inspection, Maintenance Before each flight the PIC will perform a series ofpre-flight and takeoffchecks as defined by the Pilot Training Guide supplied. After each 60 minutes ofairtime, the craftwill undergo a thorough inspection ofall aircraft components, including, but not limited to:

a. Actuators 

### I Servos b. Motors, wiring and connectors c. Propellers, smooth, no chips d. Electronic speed controller, wiring and connectors e. Batteries, wiring and connectors f. Remote command and control g. Ground control station

UAS Operating Parameters The petitionerstates that all flights will be operated within visual line ofsight (VLOS) ofpilot, in daytimeVFR flight conditions and all operations will be conducted with the assistance ofa second spotter/observer. The UAS flights will be limited to a maximum altitude of400 feet AGL. Altitude is accurately measured by GPS. The petitionerfurther states that an operator will ensure that only consenting production personnel will be allowed within 100 feet ofthe UA operation, and UAS will be kept at least 100' from any inhabited structure. Generally the petitioner's UAS will be operated in rural or suburban areas thatwill permit significantly larger safety zones. Flight Standards District Offices (FSDOs) will be notified as required priorto operations to describe intended coordination for proposed operation(s). Petitionerwill obtain an AirTraffic Organization ("ATO") issued Certificate ofWaiver orAuthorization ("COA") prior to conducting any operations underthis grant ofexemption. In fulfilling its requirements underthe COA, Petitionerwill be required to request a NOTAM not more than 72 hours in advance, but not less than 48 hours priorto the operation Petitioner's UASwill remain clear and yield the right ofway to all manned operations and activities at all times (including, but not limited to, ultralightvehicles, parachute activities, parasailing activities, and hangliders). Petitionerwill notconduct UAS operationswithin 5 nautical miles ofthe geographic center ofa non-towered airport unless a letter ofagreement with thatairport's management is obtained and the operation is conducted in accordance with a Notice to Airmen ("NOT AM").Pilot in Command (PIC) Regarding Petitioner's requested relieffrom 14 C.F.R. § 91.103(b)(1), Petitionerwill comply with the other applicable procedures and requirements stated in§91.103(a) and (b). Specifically, the PIC will take all actions including reviewing weather, flight battery requirements, aircraft performance data, and landing and takeoffdistances before initiation of a flight. The PIC will also accountfor all relevant site-specific conditions in their preflight procedures. Risks presented by sun glare will be mitigated by the PIC's and VO's abilityto see other airtraffic and initiate a return-to-home sequence ifneeded. Radio Frequencies Radio frequencies used will be those allotted by the FCC fordata transmission and vehicle control in unlicensed frequency bands. All devices used will comply with FCC usage and emissions regulations. Safety and Benefits ofthe UAS The petitionerwill be using the UAS in a variety ofapplications that generally require expensive full-size manned aircraftto complete. Small, light, unmanned aerial vehicles offer many benefits overthe use offull-sized manned aircraftfor electric power line inspection, oil/gas pipeline inspection, advanced agriculture, and film and still photography. Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS carrying no passengers orcrew creates a much greater margin ofsafety for the pilots and crew. By granting Petitioner's requested exemptions, the FAAwill help drive development ofsafe and successful commercial UAS operations and will advance the public knowledge base for such operations. Petitioner is committed to promoting the UAS research efforts of policymakers including the FAA, NASA, DOD and DARPA by sharing data from its commercial UAS operations and serving as a resource forfuture UAS research operations. Thus, the FAA has good cause to grantthis Petition. Conclusion Forthe foregoing reasons, the exemptions requested herein should be granted and Petitioner should be permitted to conduct small UAS operations in accordancewith its manuals and all otheroperating parameters deemed necessary and appropriate by the FAA.

Ryan Cowell Manager, Soaring Sky