November 17, 2015

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

Re: Petition of H2o Optimizer for an Exemption Purs uant to Section 333 of the FAA

Modernization and Reform Act of 2012

Director: Flight Standards Service:

Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 ("Reform Act") and 14 C.F.R. Part 11, H2o Optimizer hereby applies for an exemption from the Federal Aviation Regulations ("FARs") identified below to allow comm ercial operation of small unmanned aerial vehicles ( i.e., "small unmanned aircraft" or "UAS") for the purpose of conducting aerial photography, videography, inspection and mapping fo r the agriculture industries and real estate.

This petition for exemption is made based on inform ation outlined in this Petition for Exemption, as well as the accompanying H2o Optimizer documents ;

1. PIC Flight Operations Manual and; 2. Operations Manuals (Collectively 2 and 3 are referred to as Documents & Manuals") 3. User Guide and; 4. Flight Manual 1
(Collectively 3 and 4 are referred to as "Manufact urer's Manuals")

H2o Optimizer submits these supporting materials as confidential documents pursuant to 14 C.F.R. § 11.35(b), as the materials contain confide ntial commercial and/or proprietary information that H2o Optimizer has not and will not share with other requesting parties. Additionally, these documents contain operating con ditions and procedures that are not generally available to the public and are protected from rele ase under the Freedom of Information Act, 5 U.S.C. § 552 et. seq. 

### NOTE: ALL ATTACHMENTS SET FORTH IN SUPPORT OF

THIS LETTER OF PETITION ARE CONFIDENTIAL AND SHALL NOT BE

RELEASED TO THE PUBLIC WITHOUT WRITTEN AUTHORIZATIO N FROM

THE PETITIONER.

For your convenience, this Petition is organized as follows:

1 . The term "Manufacturer's Manual" also includes al l relevant manufacturer publications, including, bu t not limited to: operations and flight manuals, user guides, com ponent maintenance manuals, pilot training manuals, service

information letters and, safety/service bulletins

.U.S Department of Transportation

November 17, 2015 Page 2

I. Description of Petitioner

II. Description of Proposed Operations

A. Aerial Videography, Photography, Inspection and Mapping

III. Relevant Statutory Authority

IV. H2o Optimizer’s Proposed UAS Operations Meet th e Requirements of

Section 333 of the Reform Act

A. Approval is Warranted Based on the UAS's Size, W eight, Speed, and Operational Capability B. Approval is Warranted Based on the Operational R estrictions Set Forth in the Operations Manuals

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Cer tificates and 14 C.F.R. § 91.203(a)(1)

B. 14 C.F.R. Part 27 Airworthiness Standards: Norma l Category Rotorcraft C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Air craft Marking and Identification Requirements D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1 ) and (2); 91.417(a) and (b): Maintenance Inspections E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthines s G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Ma nual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration H. 14 C.F.R. § 91.103: Preflight Action I. 14 C.F.R. § 91.109(a): Flight Instruction J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes K. 14 C.F.R. § 91.121: Altimeter Settings L. 14 C.F.R. § 91.151(a): Fuel Requirements for Fli ght in VFR Conditions

V1. Drug and Alcohol Program

VII. Public Interest VIII. Privacy IX. Federal Register Summary

X. Conclusion

I. DESCRIPTION OF PETITIONER

H2o Optimizer is based in Fresno, CA and provides f arming recommendations partly supported by aerial videography, photography, inspection and mapping to their client base. TheU.S Department of Transportation

November 17, 2015 Page 3

Company’s Principal and Chief Pilot will have 5+ ye ars’ experience in RC systems including fixed and multi rotor platforms and UAV operations while exhibiting a mindset towards safety

and common sense. The Chief Pilot will have a curre nt pilots license for single engine aircraft. Upon the grant of the 333 Exemption the Company’s b usiness will continue to specialize in photography, videography, inspection and mapping pr imarily for the agriculture industry and in rare cases real estate industries and may offer sea rch and rescue services to local municipalities and law enforcement. The outstanding majority of H2 o Optimizer’s operation will be for the agricultural industry. These flights will be conduc ted on private property in sparsely populated

sections of land located miles from communities and void of most common hazards including, vehicles (land or air), people, powerlines, buildin gs and equipment.

H2o Optimizer’s staff are well trained and experien ced in providing support as visual observers (“VO”) for the pilot in command (“PIC”) in addition to any other needed on site assistance.

All of the equipment owned by H2o Optimizer is of t he highest quality and H2o Optimizer has been able to provide these services safely and with out any claims or incident. H2o Optimizer’s goal is to advise the perspective client that H2o O ptimizer is following all the applicable state and federal rules to ensure the safety of the publi c while providing the client with a competitive and cost effective product.

H2o Optimizer seeks an exemption to allow for photo graphy, videography, mapping, inspection and other related media products.

The contact information for Petitioner is as follow s:

Brian Bassett H2o Optimizer

438 E Shaw Ave Suite 135

Fresno CA 93710

Phone: 559.478-8162 Email: bb@h2o-optimizer.com

II. DESCRIPTION OF PROPOSED OPERATION

H2o Optimizer seeks an exemption pursuant to Sectio n 333 of the Reform Act to operate the 3D Robotics (3DR) Pixhawk autopilot system in a fixed wing VK-Ranger EX, the 3DR x8M as well as the 3DR Aero M (referred to GP-UAS) (under 55lbs ) for the proposed operations discussed herein below. All UAS operations will occur under tightly controlled conditions on private property or approved location where H2o Optimizer h as received verifiable permission to operate from the landowner, controller or authorize d representative. The proposed UAS operations will be conducted in accordance with the conditions and limitations of this Petition for Exemption and H2o Optimizer’s Operations Manuals. As detailed in H2o Optimizer’s Operations Manuals, all UAS operations will be limi ted to daytime VFR conditions, within visual line-of-sight ("VLOS") of the operator, in u ncontrolled airspace, and will occur at least 5 nm away from an airport reference point. Moreover, H2o Optimizers Operations Manuals incorporate redundant safeguards to assure the airc raft does not travel outside the controlled area of UAS operations, including GPS "geo-fencing" tech nologies.U.S Department of Transportation

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A. Aerial Videography, Photography, Cinematography, inspection and

Mapping

H2o Optimizer seeks to use small GP-UAS for the pur pose of conducting aerial photography, videography, inspection and mapping for the agricul ture and real estate industry. H2o Optimizer has purposefully tailored its operations to meet th e requirements established by the FAA in prior grants of exemption authorizing commercial use of U AS in the relevant industries, including:

• Astraeus Aerial (Exemption No. 11062)

• Picture Factory, Inc. (Exemption No. 11178)

• VDOS Global, LLC (Exemption No. 11112)

• Team 5, LLC (Exemption No. 11158)

• Douglas Trudeau (Exemption No. 11138)

• Slugwear, Inc. (Exemption No. 11157)

• Vineyard Aviation, LLC (Exemption No. 12844)

• Counsel for vine rangers INC. (Exemption No. 11379)

• Schnader Harrison Segal & Lewis (Exemption No. 1208 9)

• A 32 Advisory Company, LLC. (Exemption No. 12646).

• US Drone Aviation LLC (Exemption No. 11855)

• Aerial Precision Survey (Exemption No. 11617);

All UAS photography, videography, inspection and ma pping operations will occur on private property or approved location in a controlled area away from spectators and persons not involved in the recording process. In addition, the filming will be conducted between dawn and dusk to ensure maximum safety for the public and those invo lved in the manipulation and operation of the UAS; VFR conditions, at altitudes below 400' ab ove ground level (“AGL”).

As set forth below, H2o-Optimizer’s operations prov ide an equivalent level of safety which is superior to performing the same work using conventi onal fixed-wing aircraft or helicopters.

Small UAS recording operations is also safer than t raditional manned aircraft performing the same function. Videographer-inspectors also frequen tly need to climb roof tops, ladders, trees, or otherwise perform elevated work, which exposes t hem to the risk of dangerous falls, electrocution or other work related injuries. In ad dition, depending on the nature of the video needed and inspection, proximity to equipment, and other mechanical hazards associated with

industrial sites and construction facilities often involves a risk of exposure to hazardous conditions. The use of GP-UAS mitigates these hazar ds and is ultimately a much safer and cost efficient method of performing these and most other types of recording operations.

Moreover, conventional operations using rotorcraft and fixed-wing aircraft in low level operations present risks associated with vehicles w eighing tens of thousands of pounds (including payload) and carrying large amounts of f uel which inherently presents significant fire hazards as well as exposure to other chemical conta minates. It is important to note the use of small UAS in this area will not only be safer and m ore cost effective to the perspective user or purchaser of the service, but the quality and expan se of acquired information will be far moreU.S Department of Transportation

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robust given the low cost associated with its acqui sition and other potential consumers an inexpensive product.

UAS video and imagery production is of much higher quality, more reliable, and allows for the collection, dissemination, and storage of visual an d other sensory data with greater precision and duration at a very low cost with rapid data process ing usually under 12hrs between field collection and processed data for use. Small UAS w ill also be capable of accessing and inspecting areas that would otherwise be inaccessib le or highly dangerous using conventional aircraft or other inspection methods.

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant t o Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012 ("Reform A ct"). Congress has directed the FAA "to safely accelerate the integration of civil unma nned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the Nationa l Airspace Systems ("NAS") where it is safe to do so based on the following considerations:

● The UAS's size, weight, speed and operational cap ability; ● Operation of the UAS in close proximity to airpor ts and populated areas; and

● Operation of the UAS within the visual line of sig ht of the operator.

Additionally, the FAA Administrator has general aut hority to grant exemptions from the agency's safety regulations and minimum standards when the A dministrator 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 ex emptions from §§ 44701(a), (b) and §§ 44702 – 44716, et seq.). A party requesting an e xemption 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 equ al to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. H2o Optimizer’s PROPOSED GP-UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT

The small GP-UAS operations proposed by H2o Optimiz er as noted above in this Petition for Exemption qualify for expedited approval pursuant t o Section 333 of the Reform Act as each of the statutory criteria and relevant factors are sat isfied.

A. Approval is Warranted Based on the UAS's Size, W eight, Speed, and Operational Capability

A Grant of Exemption is appropriate for operations conducted using the UASs due to their size weight, speed, and operational capability.U.S Department of Transportation

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• The GP-UAS crafts utilized by H2o Optimizer have be en approved for use in

prior Section 333 Grants of Exemption from the FAA. 2

• The GP-UAS weighs less than 55 pounds, including pa yload

• The GP-UAS will not be flown at a ground speed in e xcess of 50 knots. The exemption holder may use either groundspeed or cali brated airspeed to determine compliance with the 50 knot speed restriction

• Altitude information will be generated by equipment onboard the UAS as specified using GPS triangulation, digitally encode d barometric altimeter, radio altimeter, or any combination thereof. This informa tion will be transmitted to the pilot

via telemetric data feed.

• The GP-UAS will have system redundancies and indepe ndent functionality to ensure the overall safety and predictability of the system. If connection to the remote control or ground control station is lost, failsafe systems will permit the UAS to return to a predetermined location and safely land without injury or damage.

• The radio frequencies used for operations and contr ol of the GP-UAS comply with the Federal Communications Commission ("FCC") and other appropriate government oversight agency requirements. The opera ting frequency for the GP-UAS is 2.4 GHz frequency bands.

If the same operations were conducted using a helic opter, the aircraft's take-off weight would likely exceed 6,000 pounds depending on payload. Th e difference in weight between the GPUAS and a helicopter significantly reduces the pote ntial harm to the participating and nonparticipating individuals and/or surrounding proper ty in the event of an unintended accident or incident. In addition, the risk to the onboard pilo t and camera operator is eliminated.

B. Approval is Warranted Based on the Operational R estrictions Set Forth in H2o Optimizer’s Operations Manuals

Operations Manuals and the Manufacturer's Manual fo r the selected GP-UAS will contain all the procedures and limitations necessary to safely and successfully perform the operations specified in this Petition for Exemption. To assist the FAA i n making a safety assessment of H2o Optimizer’s proposed operations, below is a summary of operational limitations and conditions that H2o Optimizer will adhere to, and which will e nsure an equivalent or higher level of safety to operations conducted under current regulatory gu idelines:

1. The GP-UAS weighs less than 55 pounds, with payl oad.

2 See e.g., Grant of Exemption to Aerial Precision Su rvey (Exemption No. 11617); Grant of Exemption to U S Drone Aviation LLC (Exemption No. 11855); Grant of Exempt ion to Measure, a 32 Advisory Company, LLC. (Exempt ion No. 12646).U.S Department of Transportation

November 17, 2015 Page 7

2. All operations shall be conducted over private o r controlled-access property with

verifiable permission from the land owner/controlle r or authorized representative.

Permission from land owner/controller or authorized representative will be obtained for each scheduled flight prior to operation.

3. All UAS operated under the Grant of Exemption wi ll be identified by serial number, registered in accordance with 14 CFR part 47, and h ave identification (N-Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable. 4. Minimum crew for each flight operation will cons ist of a pilot, who will be Pilot-in Command ("PIC") of the GUN-UAS, and one or more Vis ual Observers ("Observer") as necessary to safely conduct the mission.

5. PICs shall possess either a private, recreationa l, or sport pilot certificate. The PIC

must also hold a current FAA airman medical certifi cate or a valid U.S. driver’s license issued by a state, the District of Columbia , Puerto Rico, a territory, a possession, or the Federal government. The PIC will also meet the flight review requirements specified in 14 C.F.R 61.56 in an airc raft in which the PIC is rated on his or her pilot certificate.

6. The GP-UAS shall be operated within VLOS of the PIC and Observer at all times. The PIC must use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA-issued medical certif icate.

7. The PIC and Observer designated for any operatio n will be able to communicate verbally at all times.

8. Electronic messaging or texting will not be perm itted during flight operations.

9. The additional requirements identified in the Gr ant of Exemption shall be added to the H2o optimizer’s Operations Manuals. The Operati ons Manuals will be maintained and made available to the Administrator upon reques t. If a discrepancy exists

between the conditions and limitations in the Grant of Exemption and H2o Optimizer’s Operations Manuals, the conditions and limitations in the Grant of Exemption shall take precedence and must be followe d. Otherwise, H2o Optimizer shall follow the procedures outlined in their Opera tions Manuals.

10. H2o Optimizer may update or revise its Operatio ns Manuals. Revisions will be tracked and a revised copy of the Manual will be pr ovided to the Administrator upon request. H2o Optimizer will also present an update d and revised Operations Manuals if it petitions for extension or amendment to its G rant of Exemption. If an update or revision would affect the basis upon which the FAA grants the exemption, H2o Optimizer will seek an amendment to its Grant of Ex emption. Geiger Photography will contact the FAA’s UAS Integration Office (AFS- 80) if questions arise regarding updates or revisions to the operating documents.

11. H2o Optimizer Operations Manuals and its Grant of Exemption will be available toU.S Department of Transportation

November 17, 2015 Page 8

the PIC at the ground control station anytime the G P-UAS is operating.

12. The PIC is prohibited from beginning a GP-UAS f light unless (considering wind and forecast weather conditions) there is enough power to fly to the first intended point of landing, and assuming normal cruising speed, to fly after that for at least 10 minutes.

13. Maximum total flight time for each operational flight using the GP-UAS will be

limited to 40 minutes or the amount of time the UAS can be flown and still maintain a reserve battery power of no less than 25%, whicheve r occurs first.

14. Flights will be operated at an altitude of no m ore than 400 feet AGL and will never enter navigable controlled airspace without timely prior written authorization and approval from the FAA. In the event the structure b eing inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 fee t above the highest point on the structure, and no more than 50 feet horizontally fr om the structure.

15. Flight operations must be conducted at least 50 0 feet from all nonparticipating persons. (persons other than the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficie ntly protect nonparticipating persons from the UA and/or debris in the event of a n accident. The operator must ensure that nonparticipating persons remain un der such protection. If a situation arises where nonparticipating persons lea ve such protection and are within 500 feet of the UA, flight operations must c ease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or struc tures has granted permission and the PIC has made a safety assessment of the ris k of operating closer to those objects and determined that it does not prese nt an undue hazard, and;

c. Operations nearer to the PIC, VO, operator train ees or essential persons do not present an undue hazard to those persons per § 91.1 19(a).

16. The GP-UAS may not be operated less than 500 fe et below or less than 2,000 feet horizontally from a cloud or when visibility is les s than 3 statute miles from the PIC.

17. The GP-UAS may not operate within 5 nm of an ai rport reference point as denoted on a current FAA-published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the H2o Optimizer COA. The letter of agreement with the airport management will be made available to the Ad ministrator upon request.

18. Prior to each flight the PIC shall inspect the GP-UAS to confirm that it is in a condition safe for flight. The pre-flight inspectio n will account for all discrepancies, e.g. inoperable components, items, or equipment, no t already covered in the relevant sections of the operating documents as well as equi pment updates. The PIC shall not operate any GP-UAS if the inspection reveals a cond ition that affects the safeU.S Department of Transportation

November 17, 2015 Page 9

operation of the GP-UAS until the necessary mainten ance has been performed and the

GP-UAS is found to be in a condition for safe fligh t. The ground control station shall be included in the preflight inspection. All mainte nance and alternations must be properly documented in the UAS’s records as require d by H2o Optimizers Operations

Manuals.

19. H2o Optimizer will timely carry out its mainten ance, inspections, and record keeping requirements in accordance with the Operations Manu als. Maintenance, inspection, and alterations will be fully noted in the GP-UAS r ecords, including total time in service, description of work accomplished, date com pleted and the signature of the authorized person returning the GP-UAS to service.

20. Any GP-UAS that has undergone maintenance or al terations that affect the UAS operation or flight characteristics (e.g., replacem ent of a flight critical component) must timely undergo a functional test flight in acc ordance with H2o Optimizer’s Operations Manuals. The PIC who conducts the functi onal test flight must make an entry in the UAS aircraft records of the flight. Th e requirements and procedures for a functional test flight and GP-UAS record entry shal l be included in the H2o Optimizer’s Operations Manuals.

21. The GP-UAS will be operated and maintained acco rding to the Manufacturer's Manuals and any required manufacturer Safety/Servic e Bulletins and product updates.

22. Prior to the operation, a Mission Packet will b e created in accordance with the requirements on H2o Optimizer’s Operations Manuals.

23. H2o Optimizer will obtain an Air Traffic Organizati on ("ATO") issued Certificate of Waiver or Authorization, otherwise known as a COA, prior to conducting any operations under this Grant of Exemption. A NOTAM w ill be issued as required by the COA. All operations will be conducted in accord ance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

24. All required permissions and permits will be ob tained from territorial, state, county or city jurisdictions, including local law enforcement , fire or other appropriate governmental agencies.

25. If the GP-UAS loses communication with the PIC, it will have the capability to safely return to a pre-determined location within the oper ational area and land safely.

26. Contingency plans will be in place to safely te rminate flight if there is a loss of

communication between the PIC and the Observer.

27. The GP-UAS will have the capability to safely a bort flight in the case of unpredicted obstacles or emergencies.

28. PICs and Observers will have at least a current Class III Medical Certificate or a valid

and current state driver’s license issued within th e United States

.U.S Department of Transportation

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29. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a mi nimum of 200 flight cycles and 25 hours total time as a UAS rotorcraft pilot and a t least 10 hours logged as a UAS pilot with a similar GP-UAS type platform. This req uirement can be achieved by flights conducted and logged as a hobbyist.

30. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a mi nimum of hours pursuant to 54 CFR § 61.51(b) as UAS pilot operating the make and model of GP-UAS to be utilized for operations under the exemption and three take-o ffs and three landing in the preceding 90 days.

31. Operations shall occur during daytime VFR Meteo rological Conditions; flights under special visual flight rules ("SVFR") shall not be c onducted.

32. The GP-UAS shall remain clear and yield the rig ht of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

33. GP-UAS Operations under Instrument Flight Rules , at night, or beyond VLOS are prohibited.

34. The UAS will not be operated from an elevated p latform unless designed and engineered specifically for such purposes and be in compliance with the general restrictions imposed by the applicable regulations. Additionally no PIC will provide any film-flight operations while in motion from ato p any elevated platform vehicle or

device.

35. Before conducting operations, the radio frequen cy spectrum used for operation and control of the GP-UAS will comply with the Federal Communications Commission (FCC) or other appropriate government oversight age ncy requirements.

V

. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

The Federal Aviation Act expressly grants the FAA t he authority to issue exemptions. This statutory authority, by its terms, includes exempti ng civil aircraft, as the term is defined under § 40101 of the Act, including UASs, from its safety r egulations and minimum standards when the Administrator decides a requested exemption is in t he public interest. 3

H2o Optimizer seeks an exemption from several inter related provisions of Title 14 of the Code of Federal Regulations ("14 C.F.R") Parts 21, 45, 6 1 and 91 for purposes of conducting the requested operations using GP-UAS platforms noted a bove. Listed below are: (1) the specific sections of 14 C.F.R for which exemption is sought, and (2) the operating procedures and

3 49 U.S.C. § 44701(f) (authorizing the grant of exem ptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702 - 4471 6).U.S Department of Transportation

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safeguards that Petitioner has established which wi ll ensure a level of safety better than or equal to the rules from which exemption is sought. 4

UNMANNED AIRCRAFT SYSTEM

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Cer tificates and 14 C.F.R. §91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equiva lent level of safety when compared to aircraft normally used for the same application. Th ese criteria are met and in point of fact exceeded, and therefore no exemption is needed. 5 If, however, the FAA determines that there

are some characteristics of the chosen UAS that fai l to meet the requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety

H2o Optimizer’s use of the GP-UAS is safe when taki ng into account its size, weight, speed, and operational capability. As set forth in the descrip tion of proposed operations in Section IV(A), the GP-UAS weighs less than 55 pounds, including pa yload and will not be flown at a ground speed in excess of 50 knots. The GP-UAS is also eq uipped with safety features which will allow Petitioner to operate the GP-UAS safely after exper iencing certain in-flight contingencies or

failures as noted below. 6 7 Additionally, the GP-UAS carries neither pilots no r passengers, carries no explosive materials or flammable liquid fuels, o r other elements identified by Homeland Security as being prohibitive and operate exclusive ly within the parameters stated in H2o Optimizer’s Operations Manuals.

Operations conducted under this exemption will be c losely controlled and monitored by the PIC operator and will be conducted in compliance with l ocal public safety requirements, to provide security for the area of operation. H2o Optimizer w ill also provide the FAA with advance notice of all operations via NOTAMs as required by the app licable COA. In all cases, operation of the

4 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 exemp tion would provide a level of safety at least equal to that provided by the rule from which you seek exemption.

5 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pgs. 13-14, 22).

6 See e.g., Grant of Exemption No. 12089 to Schnader Harrison Segal & Lewis (FAA-2015-0556 at pg. 7, 27) : " (2) an integrated backup system for in - flight re covery and manual override with dedicated pro cessor and stand - alone power supply, ( 3) a backup system p roviding consistent autopilot and manual overr ide modes , (4) redundant power supply inputs and automatic fai lover , (5) a multicolor LED visual indicator an d high - power audio indicator , and (6) a microSD card for high - rate, continuous logging ."

7 See e.g., Grant of Exemption No. 11379 to Counsel f or vine rangers INC.. (FAA-2015-0059 at pgs. 5-6): " The
UAS will have system redundancies and independent f unctionality to ensure the overall safety and predi ctability of the system. If connection to the remote control or ground control station is lost, failsafe systems wi ll permit the UAS to return to a predetermined location and safely la nd without injury or damage"U.S Department of Transportation

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GP-UAS under the proposed conditions will be at lea st as safe as, or safer than, conventional rotorcraft or fixed wing operating with an airwort hiness certificate. Lastly, the GP-UAS do not

need a means to communicate with other aircraft or ATC, because those capabilities will be solely possessed by the PIC and Observer, who are n ot onboard the GP-UAS. 8 In addition, no sense-and-avoid technology is necessary for the GP- UAS because they will be operated at all

times in VFR conditions and within VLOS of the PIC and Operator. 9

B. 14 C.F.R. Part 27 Airworthiness Standards: Norma l Category Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural r equirements for airworthiness certification of normal category rotorcraft. To the extent that H2o Optimizer’s small GP-UAS would otherwise require certification under Part 27, Petitioner see ks an exemption from Part 27's airworthiness

standards for the same reasons identified in the re quest for exemption from 14 C.F.R. R. Part 21, Subpart H, supra

.

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Air craft Marking and Identification Requirements

H2o Optimizer 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 aircr aft unless that aircraft

is identified in accordance with Part 45 of this ch apter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, s tates:

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 aircr aft, 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 no r more than 6 inches high, the words "limited," "restricted," "light-sport, "e xperimental," or "provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or t ail the marks required by § 45.23.

8 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pg. 13).

9 . See Grant of Exemption No. 12844 to Vineyard Avia tion, LLC (FAA-2015-2096 at pg. 7).U.S Department of Transportation

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In a previous Grant of Exemption, the FAA determine d that exemption from these requirements was warranted provided that the aircraft "have iden tification (N-Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 10

Equivalent Level of Safety

All GP-UAS flown by H2o Optimizer will bear N-numbe r markings that are as large as practicable in accordance with 14 C.F.R. Part 45, S ubpart C. 11

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1 ) and (2); 91.417(a) and (b): Maintenance Inspections

H2o Optimizer seeks an exemption from the maintenan ce inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a) (1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference t o 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of a n aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall betw een required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter")

. An exemption from these regulations is needed because Part 43 and these sections only apply to ai rcraft with an airworthiness certificate, which the UAS platforms to be operated under this grant o f exemption will not have . (Emphasis added)

Equivalent Level of Safety

An equivalent level of safety will be achieved or e xceeded because maintenance and inspections will be timely performed in accordance with the Man ufacturer's Manual and any required manufacturer Safety or Service Bulletins. Further, as required by H2o Optimizer’s Operations Manuals, the PIC will conduct a pre-flight inspecti on of the GP-UAS and all associated equipment to account for all discrepancies and/or i noperable components. Maintenance will be performed and verified to address any conditions po tentially affecting safe operation of the GPUAS and no flights will occur unless, and until, al l flight critical components of the GP-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 fligh t-critical components. As required by H2o Optimizer’s Operations Manuals, the PIC who conduct s the functional test flight will make an entry in the GP-UAS aircraft records of the flight.

H2o Optimizer’s Operations Manual also includes req uirements to follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, repl acement, inspection, and life limit requirements for the following applicable component s: powertrain system (powerplant), propellers, avionics and control surfaces (includin g ailerons/elevons), structures & airframe, camera system, electrical systems (including batter ies), ground control station, hazard accessories, and spare parts. Further, H2o Optimize r’s Operations Manuals also include procedures to document and maintain a record of the GP-UAS’s maintenance, preventative maintenance, alterations, status of replacement /ov erhaul component parts, and the total time in

service of the GP-UAS used under this Grant of Exem ption. As a whole, the maintenance and

10. FAA Docket No. FAA-2014-0352.

11 . See, e.g., FAA Docket No. FAA-2014-0352, at 14.U.S Department of Transportation

November 17, 2015 Page 14

inspection procedures required in H2o Optimizer’s O perations Manuals ensure that an equivalent or higher level of safety will be achieved.

PILOT-IN-COMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

H2o Optimizer seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hi re, and would also require a second class medical certificate. The purpose of Part 61 is to e nsure that the skill and competency of any PIC matches the airspace in which the PIC will be opera ting, as well as requiring certifications if the private pilot is carrying passengers or cargo for h ire. In this case, while the GP-UAS will be operated as part of a commercial operation, they ca rry neither passengers nor cargo. In the Grant of Exemption to Astraeus Aerial, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not wa rrant the additional cost and restrictions attendant with requiring the PIC to have a Commerci al Pilot Certificate and Class III Medical

Certificate. 12 The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to a ny additional safety benefits when UAS operations are involved.

Equivalent Level of Safety

The restrictions H2o Optimizer has placed on its GP -UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial. H2o Optimizer will operate on private property or approved location away from persons and property not involved in the operation. H2o Optimizer will also obtain an ATO issued COA prior to conducting any operations under this Grant of Exemption. All operations will be conducte d in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. A NOTAM will also be issued as requir ed by the applicable COA.

In addition to these flight restrictions, H2o Optim izer will further ensure safe operation by requiring that any PIC be thoroughly versed not onl y in airspace and communication issues pertaining to all aircraft operators but also in th e unique aspects of GP-UAS flight. As set forth in the Operations Manuals, pilots will have experie nce not only in GP-UAS operations generally but have logged flight time in the specific make an d model used for the operations before they are permitted to participate in commercial flights on behalf of H2o Optimizer. The pilot qualification, training, and currency requirements in the Operations Manuals ensure that H2o Optimizer pilots are competent and proficient in th e GP-UAS they are operating. H2o Optimizer’s training and qualification requirements are consistent with those contained in prior FAA Section 333 Grants of Exemption, and will provi de a higher level of competency and proficiency for its pilots and will ensure at least an equivalent level of safety to the public.

OPERATING PARAMETERS OF THE UAS

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthines s

12 Exemption No. 11062 (FAA Docket No. FAA-2014-0352).U.S Department of Transportation

November 17, 2015 Page 15

Inasmuch as there will be no airworthiness certific ate issued for the UAS, H2o Optimizer seeks an exemption from 14 C.F.R. § 91.7(a), which requir es that a civil aircraft be in airworthy condition to be operated. The FAA has stated that n o exemption is required for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable. 13
Accordingly, Petitioner requests that the requireme nts for § 91.7(a) be treated in accordance with Section V(A), supra.

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Ma nual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certif ication 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 ai rcraft. 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 Manu al 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 o perate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certi ficate...

(b) No person may operate a civil aircraft unless t he airworthiness certificate required by paragraph (a) of this section or a special flight a uthorization 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 GP-UA S, it would be impossible to keep

airworthiness documents and other aircraft manuals on board the GP-UAS because there is simply no room and the GP-UAS has no cabin or cockp it. As a way to comply with the code H2o Optimizer will maintain the documents with the PIC and make them available for inspection. Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated A ugust 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC-220, it was acknowledged th at the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmann ed aircraft has access to the UAS flight manual, registration certificate, and other require d documents from the ground control station from which he or she is operating the aircraft. 14 As this FAA Office of Chief Counsel Opinion

13 See Id. at 13-14, 22.

14 Memorandum from Mark Bury, FAA Assistant Chief Cou nsel for International Law, Legislation and Regulat ion, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA-2014-0352 at 16-1 8.U.S Department of Transportation

November 17, 2015 Page 16

clarifies, the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level of safety wi ll be achieved by ensuring that the pilot has access to the documents at the ground control stati on from which he or she is piloting the UAS.

H. 14 C.F.R. § 91.103: Preflight Action

H2o Optimizer seeks an exemption from 14 C.F.R. § 9 1.103, which requires a PIC to become familiar with specific information before each flig ht, including information contained in the FAA-approved Flight Manual on board the aircraft. W hile the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an FAA-approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by f ollowing the H2o Optimizer’s Operations

Manuals and the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify any defects or inoperable components in ac cordance with the H2o Optimizer’s Operations Manuals, including checklists covering P re-Flight, Launch, Landing, and Post-Flight procedures. The PIC will also be required to review weather, flight requirements, battery charge, landing and takeoff distance, UAV performance data, and contingency landing areas—before initiation of flight. H2o Optimizer’s Operations Ma nuals and the Manufacturer's Manual will be kept at the ground control station and will be acce ssible to the PIC at all times while operating

the UAS.

I. 14 C.F.R. § 91.109(a): Flight Instruction

H2o Optimizer seeks an exemption from 14 C.F.R. § 9 1.109(a), which provides in pertinent part that "[n]o person may operate a civil aircraft (exc ept a manned free balloon) that is being used for flight instruction unless that aircraft has ful ly functioning dual controls." UASs and remotely piloted aircraft, by their design, do not have func tional dual controls. Instead, flight control is accomplished through the use of a device that commu nicates with the aircraft via radio communications. Accordingly, an exemption will be r equired for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Equivalent Level of Safety

Given the size and speed of the UASs that H2o Optim izer intends to use, an equivalent level of safe training can still be performed without dual c ontrols because no pilot or passengers are aboard the UAS, and as required by the H2o Optimize r Operations Manuals, all persons will be a safe distance away in the event that the UAS experi ences any difficulties during flight instruction. Moreover, as required by the H2o Optim izer’s Operations Manuals, all flight training

will be conducted in controlled and sterile environ ment. As a whole, the safety procedures provided for in H2o Optimizer’s Operations Manuals ensure that the proposed UAS operations provide an equivalent or higher level of safety tha n that provided by the flight instruction regulations.U.S Department of Transportation

November 17, 2015 Page 17

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

H2o Optimizer requests an exemption from the minimu m safe altitude requirements of 14 C.F.R. § 91.119(c). 15 Section 91.119 prescribes the minimum safe altit udes under which aircraft may not operate, including 500 feet above the surface a nd away from any person, vessel, vehicle, or structure in non-congested areas. See 14 C.F.R. § 9 1.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum al titudes when it can be operated "without hazard to persons or property on the surface," prov ided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

An exemption is required because the proposed GP-UA S operation will normally need to occur

below 400 feet AGL. In circumstances where the GP-U AS is used to inspect a structure whose height exceeds 400 feet AGL, the GP-UAS will not be operated more than 100 feet above the highest point on the structure, and within 50 feet horizontally of the structure. Additionally, due the nature of the proposed operations, the Pilot an d/or Observers(s) may need to be less than 500 feet away from the GP-UAS.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weigh ing far more than the maximum weights proposed herein, and given the lack of flammable fu el with the above noted UASs, any risk associated with these operations is far less than t hose which presently exist with conventional aircraft. An equivalent level of safety will be ach ieved given the size, weight, and speed of the GP-UAS, as well as the controlled location where th e operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or when inspecting a U.S. structure whose height exceeds 40 0 feet AGL, within 100 feet above the highest point on that structure and 50 feet horizon tally of the structure.

As set forth in the Operations Manuals, the GP-UAS will be operated in a restricted area, and all flights will be operated at a lateral distance of a t least 500 feet from any nonparticipating persons, unless that person is in a position where he or she is shielded from the GP-UAS and any possible debris resulting from its failure. As requ ired by the Operations Manuals, flights will be terminated if a nonparticipating person within 500 feet of the GP-UAS leaves a shielded position. Further, its operations will occur at le ast 500 feet away from vehicles or structures unless the property owner/controller timely has gra nted permission and the PIC has made a safety assessment of the risk of operating closer t o those objects and, operations near the PIC or Observer will not present an undue hazard per § 91. 119(a). Adherence to these restrictions in H2o Optimizer’s Operations Manuals will ensure oper ations can be conducted without compromising public safety. 16

15 Relief from § 91.119(a) will not be necessary bec ause Petitioner will be able to perform an emergenc y landing without undue hazard to persons or property on the ground in the event of a failure. Petitioner's prop osed UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not b e necessary. See e.g., Grant of Exemption No. 11157 to Slugwear, Inc., dba Like on a tree Aerial (FAA-2014-0534 at 15).

16 See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA-2014-0481 at 19): "If barriers or str uctures are present that can sufficiently protect nonpartic ipating persons from the UA or debris in the event of an accident,U.S Department of Transportation

November 17, 2015 Page 18

K. 14 C.F.R. § 91.121: Altimeter Settings

H2o Optimizer seeks an exemption from 14 C.F.R. § 9 1.121, 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 barometri c pressure. An exemption is required to the

extent that the UASs do not have a barometric altim eter, but rather a GPS altitude read out.

Equivalent Level of Safety

The FAA has stated that an equivalent level of safe ty to the requirements of 14 C.F.R. §91.121 can be achieved in circumstances where: (1) the UAS s will be operated at 400 feet AGL or

below 17 , (2) within VLOS, (3) where GPS based altitude inf ormation is relayed in real time to the operator at a ground-based on-screen display and, ( 4) where prior to each flight, a zero altitude initiation point is established for the PIC to conf irm accuracy of the onboard GPS. 18

The GP-UAS that H2o Optimizer intends to use for th e proposed operations will meet all these operational characteristics. Moreover, as required by H2o Optimizer’s Operations Manuals, the PIC will be required to calibrate the aircraft's GP S compass prior to each flight operation. Like prior FAA Section 333 Grants of Exemption, the GP-U AS H2o Optimizer intends to use, and the safety mitigation procedures contained in the Opera tions Manuals, both ensure that an equivalent level of safety or greater level will be achieved, and a Grant of Exemption to the requirements of § 191.121 is therefore appropriate.

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Fli ght in VFR Conditions

H2o Optimizer requests 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 und er VFR conditions unless (considering wind and forecast weather conditions) there is enou gh fuel to fly to the first point of intended landing and, assuming normal cruising spee d – (1) During the day, to fly after that for at least 30 minutes; or

then the UA may operate closer than 500 feet to per sons afforded such protection. The operator must al so ensure that nonparticipating persons remain under such pro tection. If a situation arises where nonparticipati ng persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately. When cons idering how to immediately cease operations, the primary concer n is the safety of those nonparticipating persons. In addition, the FAA finds that operations may be conducted closer t han 500 feet to vessels, vehicles and structures wh en the owner/controller of any such vessels, vehicles or s tructures grants permission for the operation and t he PIC makes a safety assessment of the risk of operating closer t o those objects and determines that it does not pre sent an undue

hazard."

17 If the height of the structure being inspected ex ceeds 400 feet AGL, the UAS will not be operated mo re than 100 feet above the highest point on the structure.

18 See Grant of Exemption No. 11062 to Astraeus Aeri al (FAA-2014-0352 at 21).U.S Department of Transportation

November 17, 2015 Page 19

(2) At night, to fly after that for at least 45 min utes.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30-minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. Moreover, it is not H2o Optimizer’s intention to fly the GP-UAS at nigh t.

Equivalent Level of Safety

In the Grant of Exemption to VDOS (Exemption No. 11 112), the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a GP-UAS flig ht unless (considering wind and forecast weather conditions) there was enough power to fly t o the first intended point of landing and, assuming normal cruising speed, to fly after that f or at least 10 minutes. In reaching this conclusion, the FAA considered that the UAS batteri es for the GP-UAS provide approximately 50 minutes of powered flight (with payload) and pro vided battery level and battery time remaining in minutes and seconds to the PIC. 19 The FAA also considered the fact the GP-UAS operating manual states: “start every flight with a fully charged battery in the aerial vehicle”, and

that in the event that the GP-UAS should run low on power, the PIC will be alerted and can safely land the- GP-UAS as soon as possible. Like t he VDOS Grant of Exemption, H2o Optimizer’s use of the GP-UAS, combined with the re quirements of Petitioner's Operations Manuals, ensure that an equivalent level of safety can be achieved and in fact exceeded.

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA determined that an equivalent level of safety to th e fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from begin ning a flight with the UA unless (considering wind and forecast weather conditions), there was enough power to safely fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. H2o Optimizer will adhere to this limit ation for its GP-UAS flights.

The GP-UAS includes a low battery warning system an d the amount of battery reserve power remaining is continuously transmitted to the PIC vi a telemetric data feed, which downlinks from the GP-UAS to a ground-based-on-screen display. 20 As required by H2o Optimizer’s Operations Manuals, the PIC will promptly fly the GP-UAS back to the home launch location or predetermined abort location where it may safely land, while still maintaining a minimum of 25% reserve battery power. H2o Optimizer submits that t he procedures requiring flights to be safely terminated once the batteries fall below 25% capaci ty, combined with the requirement that flights only be conducted within a secure, isolated area, u sing a UAS weighing less than 55 pounds, and within VLOS of the PIC and Observer(s), ensure that the proposed operation will provide an equivalent or higher level of safety to the public to that provided by the regulations from which exemption is sought.

19. Grant of Exemption No. 11112 to VDOS Global, LL C (FAA-2014-0382 at 10).

20. The GP-UAS ground control station displays, the UASs position, navigation route, tail number, alti tude, heading, north seeking arrow, range to targets, cal culated target position, date/time, and sensor head ing and

orientation relative to the UAS.U.S Department of Transportation

November 17, 2015 Page 20

VI. DRUG AND ALCOHOL PROGRAM

H2o Optimizer will have policies in place to ensure that no person may participate in GP-UAS flight operations if they are under the influence o f alcohol or any drug.

VII. PUBLIC INTEREST

The public interest will be served by granting H2o Optimizer’s 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 Congress' goal in passing S ection 333(a) through (c) of the Reform

Act—the FAA Administrator's assessment of whether c ertain UAS may operate safely in the NAS before completion of the statutorily required r ulemaking.

The proposed GP-UAS operations in this Petition for Exemption significantly improves the safety and reduces risk of harm, physical injury an d property damage to the public at large, the property owners from whom permission was granted fo r use by Petitioner and abutting properties, staff of Petitioner, unsuspecting passe rsby, inspecting engineers from relevant organizations and all those who may be in the local vicinity. Traditional methods of providing surveillance and mapping services location personne l to climb towers, trees, venture onto precarious roofs and other dangerous scenarios, per form elevated work for which the individual is neither trained nor equipped to perform, which exposes them to unnecessary risk of serious physical injury from dangerous falls or other physi cal mishaps. Moreover, inspectors/surveyors are often unnecessarily

exposed to hazardous conditions, unsafe environmen ts, culturally tense

situations and other hazards associated with identi fying specific locations for potential recording sites to be used in the end product. The use of sm all UAS can eliminate these hazards and ultimately create a much safer method of performing these types of inspections creating a safer environment for the public as well as H2o Optimizer employees.

The use of small UAS also enhances safety and reduc es risk to the surrounding public because, unlike manned aircraft weighing thousands of pounds , carrying crew in addition to flammable fuel, the UAS carry no passengers, crew or explosiv e fuel. Furthermore, in the unlikely event of an accident, H2o Optimizer’s small battery powered GP-UAS presents significantly less

danger to persons on the ground when compared to op erations by conventional manned aircraft. 21
As Petitioner's GP-UAS are battery powered, the pub lic will also benefit from a reduction in harmful petroleum based emissions associated with c onventional aircraft performing in the same

21 See Grant of Exemption No. 11158 to Team 5, LLC (FA A-2014-0783 at 12): "Manned helicopters conducting aerial filming can weigh 6,000 pounds or more and a re operated by an onboard pilot, in addition to oth er onboard crewmembers, as necessary. The petitioner’s UAs wil l weigh less than 55 pounds with no onboard pilot o r crew. The pilot and crew will be remotely located from th e aircraft. The limited weight significantly reduce s the potential for harm to participating and nonparticipating indi viduals or property in the event of an incident or accident. Risk to an onboard pilot and crew during an incident or accident is eliminated with the use of a UA for the aerial filming operation."U.S Department of Transportation

November 17, 2015 Page 21

functions proposed herein. Air quality will natura lly be improved with the reduction of fuel powered vehicles.

Lastly, as recognized by the FAA in prior Section 3 33 Grants of Exemption to filmmakers, UAS provide an additional economic tool for the aerial filming notwithstanding the industry, adding a greater degree of flexibility, which supplements th e current capabilities offered by manned

aircraft. 22 The quality of the finished product is enhanced a nd provides a greater finished product demand which will aid the current UAS industry and provide additional jobs as the cost of providing the needed product is greatly reduced whi le reducing the difficulty with which the finished product is created. The demand for the cu rrent industrial product is increasing and will continue to increase given the enhanced flexibility of production; therefore, given the lower cost, owner/operators and others in the relevant industry will be more inclined to utilize the services of commercial UAS along with an appropriate licensed P IC’s.

VIII. PRIVACY

All GP-UAS operations will be conducted in accordan ce with applicable federal, state, and local laws regarding privacy. All operations shall be con ducted over private or controlled-access property with permission from the land owner/contro ller or authorized representative. Permission from land owner/controller or authorized representa tive will be obtained for each flight to be

conducted.

IX. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summar y is provided for publication in the FEDERAL REGISTER, should it be determined that publ ication is needed: Petitioner seeks an exemption from the following rules in Title 14 of t he Code of Federal Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61 .113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 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 aircraft crew, production crew, general public, property owners and city structures from th e substantial hazards associated with performing equivalent film work and aerial video pr oduction with conventional fixed-wing aircraft, rotorcraft, or other methods.

X. CONCLUSION

H2o Optimizer’s Petition for Exemption satisfies th e criteria articulated in Section 333 of the Reform Act of 2012 which includes weight; speed; op erating capabilities; proximity to airports and populated areas; operation within VLOS and nati onal security. The proposed GP-UAS operations will benefit the public as a whole by im proving safety and reducing risk by alleviating human exposure to danger while lowering the attenda nt related costs thereby increasing the

22 See e.g., Grant of Exemption No. 11178 to Picture F actory, Inc. (FAA-2014-0794 at 18).U.S Department of Transportation

November 17, 2015 Page 22

demand for the finished product. In consideration o f the foregoing, this Petition for Exemption provides the FAA with more than adequate justificat ion for granting the requested exemptions allowing H2o Optimizer to use small GP-UAS in the r ecorded production of its product.

We thank you for your prompt consideration of our r equested exemptions.

Respectfully Submitted,

Brian Bassett H2o Optimizer

438 E Shaw Ave Suite 135

Fresno CA 93710

Phone: 559.478-8162 Email: bb@h2o-optimizer.com

(The following attached items contain proprietary a nd commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

Attachments:

1. General Operations Manual 2. PIC Operating Manual 3. Company Protocols (in Operating manual) 4. Location Protocols (in Operating manual) 5. Flight Communications Protocols (in Operating ma nual) 6. Transmitter Protocols (in UAS manufacture manual ) 7. Preflight Checklist (in Operating manual) 8. Equipment Checklist

9. UAS Manufacturer’s Manuals