### UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION A D MINISTRATION WASHING T ON, DC.

REGARDING THE PETITION FROM: FLIGHT PROS, LLC FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS (14 CFR) PART 21 SECTIONS 61.3, 61.113(A)&(B), 61.133(A), 91.9 (B)(2), 91.103(B), 91.105, 91.109(A), 91.119, 91.121,

91.151(A), 91.203(A) &(B), 91.319(A)(1), 91.405, 91.407, 91.409, 91.417 CONCERNING OPERATION OF SMALL UNMANNED AIRCRAFT SYSTEMS (sUAS)

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012
Regulatory Docket No.

Submitted Electronically o n November 3 , 2015 Flight Pros, LLC Joseph Schmit, Owner 217 19 Ave N Fargo, ND 58102Exemption Request

To: United States Department of Transportation Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, SE Washington, DC 20590 From: Flight Pros, LLC Joseph Schmit 217 19 Ave N Fargo, ND 58102 701-367-2905 joey@flightprosnd.com

Date: 3 November 2015 Re: Exemption request pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 112-95 February 14, 2012. In accordance with the FAA Modernization and Reform Act of 2012 (FMRA), Section 333 Special Rules for Certain Unmanned Aircraft Systems, Flight Pros, LLC seeks an exemption from Federal Aviation Regulations (FARs) restricting commercial operation of small Unmanned Aircraft Systems (sUAS). Flight Pros, LLC specifically requests exemption from FMRA and the procedures contained within 14 C.F.R. 11, Part 21, as well as other sections contained in Title 14 of the Code of Federal Regulations to permit commercial operation of sUAS under the conditions outlined in the following pages. Flight Pros, LLC also requsts exemption from such other FARs as the FAA deems appropriate to enable Flight Pros, LLC's requested operations. Flight Pros, LLC seeks exemption to permit commercial operations utilizing sUAS for aerial photography, aerial videography, aerial data collection, research and training. To obtain the aerial imagery, multiple sUAS will be used by Flight Pros, LLC and are listed on page 6 of the included documentation. Manuals for each sUAS will be provided upon request. The FAA may make any modifications it determines necessary in the granting of this Section 333 Exemption request. Flight Pros, LLC will submit any information necessary to satisfy FAA requirements for approval of this exemption request.
Thank you,

Joseph Schmit Flight Pros, LLC



### 2Table of Contents Page

Glossary of Abbreviati o ns & Terms

................................................................................. 4 List of Attachments

......................................................................................................... 4 Proposed List of Operations

............................................................................................ 4 Proposed List of Small, Unmanned A e rial Systems (sUAS)

.............................................. 5 Summary of Proposed List of Small, Unmanned Aerial Systems (sUAS)

........................... 5 Requested Exemptions from Regulations List

................................................................. 6 Summary the FAA May Publish in the Federal Register

................................................... 6 Extent of Relief Flight Pros, LLC Seeks from Regulations

................................................... 6 Public Interest

................................................................................................................. 10 Privacy

............................................................................................................................. 11 Conclusion

....................................................................................................................... 11



### 3Glo s sary o f Abbreviations & Terms

AGL Above Gro u nd Level AMA Academy of Model Aeronautics C.F.R. Code of Federal R e gulation COA Certifi c ate o f Authorization FAA Federal Aviation Administration FAR Federal Aviation Regulation GCS Ground Control Station NAS National Airspace System NOTAM Notice to Airman PIC Pilot in Command sUAS Small, Unmanned Aircraft Systems UAS Unmanned Aircraft System VLOS Visual Line o f Sight VFR Visual Flight Rules VO Visual Obse r ver

List of Attachments The following attachments are referenced in the request for exemption submitted by Flight Pros, LLC. These documents provide additional evidence in support of the petition to the FAA. Any other required documents necessary to meet FAA guidelines will be submitted upon request.
Attachment A Academy of Model Aeronautics (AMA) Safety Code Attachment B Phantom Pilot Training Manual Attachment C Certificate of Liability Insurance (confidential submission) Attachment D Flight Pros, LLC Operational Guidelines and Checklist (confidential submission) Proposed List of sUAS Operations Aerial photography, aerial videography, aerial data collection, research and training.



### 4Proposed List of Small, Unmanned Aircraft Systems (sUAS)

Below is a list of sUAS to be utilized by Flight Pros, LLC for gathering aerial imagery, data, or for education, research or flight school training. Below the name of the sUAS is an example of a granted request using that specific sUAS in its documentation. Manuals for any sUAS will be provided upon request.
1. DJI Phantom 3 Professional

• FAA Exemption No. 11481 2. Phantom II Vision+

• FAA Exemption No. 11481 3. DJI Inspire 1

• FAA Exemption No. 11481 4. DJI S900

• FAA Exemption No. 11400 5. DJI S1000+

• FAA Exemption No. 11752 6. Sensefly eBee

• FAA Exemption No. 11481 7. Sensefly eXom

• FAA Exemption No. 11263A 8. 2015 AgEagle

• FAA Exemption No. 11480 9. 3D Robotics X8-M

• FAA Exemption No. 12084 10. 3D Robotics Aero-M

• FAA Exemption No. 12084 11. Precision Hawk Lancaster III

• FAA Exemption No. 11711 12. Altavian Nova F6500

• FAA Exemption No. 11291 13. Altavian Nova 8400

• FAA Exemption No. 11292 14. Trimble UX5 HP

• FAA Exemption No. 12696 15. Trimble ZX5

• FAA Exemption No. 11110B

Summary of Proposed List of Small, Unmanned Aerial Systems (sUAS) DJI Phantom 3 Professional, Phantom II Vision+, DJI Inspire 1, DJI S900, DJI S1000+, Sensefly eBee, Sensefly eXom, 2015 AgEagle, 3D Robotics X8-M, 3D Robotics Aero-M, Precision Hawk Lancaster III, Altavian Nova F6500, Altavian Nova 8400, Trimble UX5 HP, Trimble ZX5.


### 5Regulation Exemptions List

Listed below are FAA regulations for which Flight Pros, LLC is seeking exemptions. Flight Pros, LLC also requests exemption from other FARs the FAA deems appropriate to enable sUAS operations. Flight Pros, LLC r eq ue s ts e x e m p t i o n f r o m t h e f ol l o w i n g F AR s :

• 14 C

. F
. R . 2 1 , s u b p a r t H
• 14 C

. F
. R
. 6 1 .3

• 14 C

. F
. R. 6 1

. 1 13 ( a ) & ( b )

• 14 C

. F
. R. 6 1

. 13 3 ( a)

• 14 C

. F
. R. 9 1

. 9 ( b )( 2 )

• 14 C

. F
. R. 9 1

. 10 3 ( b)

• 14 C

. F
. R. 9 1

. 105

• 14 C

. F
. R. 9 1

. 10 9 ( a)

• 14 C

. F
. R. 9 1

. 1 19

• 14 C

. F
. R. 9 1

. 121
• 14 C

. F
. R. 9 1

. 15 1 ( a)

• 14 C

. F
. R. 9 1

. 20 3 ( a) & ( b )

• 14 C

. F
. R. 9 1

. 31 9 ( a )( 1 )

• 14 CFR 91, Subpa r t E ( 9 1

. 405, 91

. 40 7 , 9 1

. 409, 9 1

. 417)

Summary the FAA May Publish in the Federal Register Flight Pros, LLC r e q u e s ts the g r a n t o f a n e x e m p t i o n to the follo w i n g s p e c i f i c s e c t i o ns o f t h e T i t l e 14 C o d e o f f e d e r al R e gu la t io n s w hi c h w o u ld al l ow i t t o o p e r a te s UAS f o r c o mm e r cial u s e: 14 CFR 2 1 , s u b p a r t H , 1 4 C

. F
. R S e c t i o n s 6 1

. 3 , 6 1. 1 1 3 ( a ) & ( b ) , 6 1 .1 33 ( a ) , 9 1

. 9 ( b )( 2 ) , 9 1 .1 0 3 ( b ) , 9 1

. 1 0 5 , 9 1 .1 0 9 ( a ) , 9 1

. 1 1 9 , 9 1

. 1 2 1 , 91

. 1 51 ( a ) , 9 1

. 2 0 3 ( a ) & ( b ) , 9 1 .3 19 ( a )( 1 ) , 91

. 4 0 5 , 9 1 .40 7, 9 1

. 4 0 9 , 91

. 4 17 Extent of Relief Flight Pros, LLC Seeks from Regulations Flight Pros, LLC requests an exemption from the following regulations and any additional regulations that may apply to the operation of any sUAS listed in the Proposed List of Small, Unmanned Aircraft Systems (sUAS) (“Proposed List”) stated previously in this document. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1) Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a). Given the size of the sUAS, its light weight, and the limited operating area associated with its utilization, it is unnecessary to undergo the certificate of airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels. Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and



### 6populated areas of the sUAS involved. An analysis of these different criteria demonstrates that the

sUAS operated without an airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or safer, than a conventional aircraft with an airworthiness certificate. 14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person: (1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot license issued by that country may be used. The regulation provides also that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any business or employment if: 

### (1) The flight is only incidental to that business or employment; (2) The aircraft does not carry passengers or property for compensation or hire. Given the low size, weight, and speed, the operational limitations, and the range of the sUAS in the Proposed List, Flight Pros, LLC proposes that operators of the UAS should not be required to hold a commercial pilot certification. Instead, to provide and equivalent level of safety, operators are required to: Hold at least an FAA issued private, recreational, or sport pilot certificate. All operators will either meet the flight review requirements specified in 14 CFR § 61.56 or will annually complete and log at least 4 hours of ground instruction with a certified flight instructor (CFI) covering regulations and issues pertinent to commercial operation of the sUAS contained in the Proposed List. 14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements. This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. Flight Pros, LLC proposes to provide an equivalent level of safety by maintaining a copy of all necessary documents used by the operator to ensure the safe operation and flight of the sUAS. Documentation of an exemption and necessary COAs will be on-site with the ground control station and accessible to the PIC during flight operations. 14 C.F.R. § 91.103: Preflight action This regulation requires that each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include runway lengths


### 7at airports of intended use, and the following takeoff and landing distance information.

This regulation is not applicable due to the fact Flight Pros, LLC sUAS operations do not use components of traditional airfield, such as established runways to initiate or complete operations. To provide an equivalent level of safety, the PIC will complete a preflight inspection as directed by the manufacturer’s manuals and Flight Pros, LLC sUAS checklist and operational guidelines. The PIC will also be responsible for determining the most appropriate takeoff and landing area for the sUAS. 14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." Dual controls are not standard for remote control (RC) aircraft. Instead, flight control of the sUAS is completed through using a handheld remote communicating with the sUAS through radio frequencies. In some instances of flight instruction, Flight Pros, LLC will use a dual control setup to allow the instructor to take over the sUAS at any time, but dual control configuration will not be the standard during normal operating procedures. To provide an equivalent level of safety, there will be no pilot or passengers onboard the sUAS. The PIC and all persons involved in the flight instruction will be at a safe distance from the sUAS in case of difficulties or errors during flight instruction and within a controlled environment. 14 C.F.R § 91.105: Flight Crewmembers at Stations The regulation states that required crewmembers must be at their stations in the aircraft during specific portions of a flight. This is not applicable since the sUAS carry no crewmembers. An equivalent level of safety will be maintained by ensuring that the PIC is identified prior to any flight and that the PIC does not change during a flight. The PIC will maintain control of the sUAS for the duration of the flight and will maintain VLOS while remaining at the ground station. 14 CFR § 91.119: Minimum Safe Altitudes The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the sUAS will be operating at a maximum of 400 feet AGL, these operations cannot comply with this requirement. The sUAS used during the proposed operations may at time be less than 500 feet away from structures and less than 500 feet away from people during operations, both conditions which require an exemption. With the sUAS on the Proposed List being of small size, weighing below 55 lbs, and operating at speeds below 80 knots, we will be able to provide an equivalent level of safety when operating at a lower altitude AGL. Additionally the sUAS will be operated in a defined and relatively small AOI while maintaining VLOS with the PIC. All property owners and participants will have advance notice and awareness of planned flight operations. The PIC will not complete a mission without the permission of the property owner


### 8and/or local officials. The aircraft will be operated at an altitude below 400 feet AGL , which will not

interfere with other aircraft subject to the minimum safe altitude regulations and will allow an emergency landing capability in case of component failure. In addition, Flight Pros, LLC will hold liability insurance during operations. 14 CFR 91.121 – Altimeter settings This section requires that each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating below 18,000 feet MSL to:

• The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;
• If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station;
• In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. To provide an equivalent level of safety, the sUAS utilize a GPS system, barometric pressure sensors, and internal gyroscopes to calculate the altitude. The altitude, speed, heading information, and distance from the PIC are viewable to the PIC at the ground station.
14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. An equivalent level of safety will be achieved by limiting flights with multirotor sUAS to 25 minutes or 25% of battery power, whichever happens first, and limiting flights with fixed-wing sUAS to 55 minutes or 25% of battery power, whichever happens first. Warning levels, both visual and audio, are set on the ground station software and on each sUAS to alert the PIC at 30% battery life, which will ensure time for the PIC to complete or abort the sUAS mission. 14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration This regulation provides as follows:

• No person may operate a civil aircraft unless it has an appropriate and current airworthiness certificate.
• No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, Flight Pros, LLC proposes to maintain a copy of all documents used by the operator to ensure the safe operation and flight of the


### 9sUAS as well as documentation of an exemption and COAs with the ground control station, which will

be available to the Administrator or any law enforcement official upon request. 14 CFR 91, Subpart E (91.405, 91.407, 91.409, 91.417) - Maintenance, Preventive Maintenance, and Alterations We are seeking an exemption from the maintenance inspection requirements of 14 C.F.R. §§ 91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b). These regulations specify maintenance and inspection standards are only applicable to aircraft with an airworthiness certificate. Since the proposed sUAS will not have such a certificate, an exemption to this regulation is required. An equivalent level of safety will be achieved by performing maintenance and inspections according to the owner and operational manuals provided for each sUAS. All maintenance, whether it be routine maintenance or because of component failure or damage, will be recorded in a log book. All maintenance will be conducted and logged in accordance with the manufacturer’s specifications. If mechanical issues arise during a mission, the PIC will abort the mission immediately and land the sUAS. Personnel of Flight Pros, LLC will conduct all routine maintenance of the sUAS. For maintenance stemming from the results of a total loss of the sUAS or for extreme alterations, the sUAS will be shipped directly to the manufacturer or distributor of the sUAS. Public Interest Today's current methods of gathering aerial photography and commercial aerial inspection require the use of a certified manned aircraft or a certified manned helicopter and a pilot with a FAA Commercial Pilot License. A low flying aircraft or a low altitude helicopter (operating in strict compliance with existing FAAregulations) hovering and circling over a small confined area creates an inherent safety risk. Manned lowaltitude aircraft can also create a nuisance of noise pollution in the affected area. In the case of surveying stockpiles and uneven parcels of land, sUAS are able to capture imagery from a relatively low-altitude, with the PIC and VO stationary. By using sUAS, workers will not risk their safety by climbing unsafe structures, stockpiles or uneven land and will still gather the required site information. The use of a sUAS rather than a manned aircraft in such applications will further the public interest in several areas including but not limited to the following: 1) The sUAS carries no passengers, pilot or crew, thereby increasing pilot, passenger and worker safety. 2) The sUAS carries no flammable fuel, increasing safety to the public. 3) The sUAS has a lower noise pollution than manned low-altitude aircraft. 4) The sUAS has fewer emissions, reducing the environment impact over traditional manned aircraft. 5) The sUAS is less expensive to operate than a traditional manned aircraft thereby decreasing the cost of imagery, providing companies the option to inspect and re-visit project sites more frequently, more thoroughly, and thereby increase public welfare. 6) The sUAS is less expensive than a manned aircraft, allowing more crews to operate simultaneously. 7) The sUAS may be capable of responding quicker to applications such as emergency search and rescue or disaster assistance than manned aircraft, increasing public welfare. 8) The sUAS is able to capture better imagery because they operate at a lower altitude than manned aircraft, providing details otherwise difficult to obtain with traditional aircraft methods.


### 10Privacy

All sUAS flights operate in a tightly controlled area, at altitude of less than 400 feet AGL and over private or controlled property with permission of the property owner. sUAS operated by Flight Pros, LLC within the operating parameters outlined within this document as well as the operational manuals, operational guidelines and checklists provided as attachments, present no risk to the privacy of the public. Conclusion Flight Pros, LLC aims to be a drone service company that provides safe, reliable and timely service. We are also going to help customers, teachers, students and other interested parties understand the rules and regulations of sUAS operations through flight school training. Because of these goals and our understanding of the rules and regulations of commercial sUAS, we are asking for exemption to provide commercial sUAS services for aerial photography, aerial videography, aerial data collection, research and training. Flight Pros, LLC has provided in this request sUAS operations for commercial flight, which, as outlined: 1) Will provide an equivalent level of safety as certified manned aircraft. 2) Will not adversely affect safety in the National Airspace System while operating at low altitudes. 3) Will increase worker safety. 4) Will reduce airborne noise. 5) Will not pose a hazard the public. 6) Will present no risk to public privacy. 7) Will provide an economic benefit to the public. 8) Are in the interest of the public. The FAA's authority to issue exemptions from current operating rules and regulations, and the Secretary's authority granted by section 333 of P.L. 112-95 (Special Rules for Certain Unmanned Aircraft Systems) provides an opportunity to authorize certain sUAS operations into the National Airspace System (NAS) prior to implementation of the final sUAS rule. Granting this Section 333 exemption request for Flight Pros, LLC of commercial operation of sUAS within the operating parameters outlined within the document is in the interest of the public.
Respectfully Submitted,

Joseph Schmit Flight Pros, LLC



### 11