AGI Drones

2700 S Woodlands Blvd.

Suite 300-424
Flagstaff, AZ 86001

June 24, 2015

U.S. Department of Transportation Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, SE Washington, DC 20590

Re: Petition of AGI Drones for an Exemption Pursua nt to Section 333 of the FAA

Modernization and Reform Act of 2012

To Whom it May Concern:

Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (Reform Act) and 14 C.F.R. Part 11, AGI Drones (a tradename of Angel s Gate Inc. hereafter refered to as AD) hereby applies for an exemption from the Federal Av iation Regulations (FARs) identified below to allow commercial operation of small unmann ed aerial vehicles ( i.e., small unmanned aircraft or UAS) for aerial data collection and clo sed-set motion picture and television filming.

Petitioner

AGI Drones (AD) was established in July, 2014 by An gel’s Gate Inc. (an Arizona corporation) for the purpose of providing aerial data collection services and closed set filming. AD seeks to leverage new UAS technologies to better serve its c ustomers in a variety of industries that could

benefit from UAS-assisted aerial data collection an d filming.

The contact information for Petitioner is as follow s:

Blaine Stuart, President Angel’s Gate Inc. (tradename AGI Drones) 85 W Quartz Road Flagstaff, AZ 86005 Phone: (928) 814-3696

Email: blaine@agidrones.com

Petitioner's Proposed Operations

AD seeks an exemption pursuant to Section 333 of th e Reform Act to operate the following UAS (hereafter referred to as the "AD Fleet") for aeria l data collection purposes and closed-set motion picture and television filming (see Table 1 AGI Drone UAS Fleet):

• 3D Robotics Iris+

• 3D Robotics Solo• 3D Robotics X8+

• 3D Robotics X8-M

• DJI Inspire 1

• DJI Phantom 2

• DJI Phantom 3

• DJI S800 Evo

• DJI S900

• DJI S1000

• DJI S1000+

• Hubsan H109S

• Tayzu Quadra

• Tayzu Titan X8

• Yuneec Q500+

• Yuneec H920

The proposed operations in this Petition for Exempt ion are substantially similar to those contained in prior FAA Grants of Exemption, includi ng:

• SkySpecs (Exemption No. 11865)

• Hawaii Commercial Drone Operations (Exemption No . 11863)

• Montana Ariel Solutions (Exemption No. 11861)

• Adam Palitz (Exemption No. 11860)

• KalScott Engineering (Exemption No. 11876)

As discussed in Paragraph II below, all UAS operati ons will occur under tightly controlled conditions on private or controlled access property where AD has received permission to operate from the landowner, controller or authorize d representative. The UAS will be operated in accordance with the requirements contained in th e AD operating documents, and in accordance with the requirements of an applicable Certificate of Waiver or Authorization ("COA"). Among other things, and as detailed in the operating docu ments, all UAS operations will occur in uncontrolled airspace, within visual line-of-sight (VLOS) of the pilot and visual observer, and will be limited to daytime VFR conditions. Moreove r, AD’s operating documents will incorporate redundant safeguards to assure that the aircraft does not travel outside the controlled area of UAS operations.

Relevant Statuatory 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 Act") . Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircra ft 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 NAS where it is safe to do so based on the following

considerations:• The UAS size, weight, speed and operational cap ability;

• Operation of the UAS in close proximity to airp orts and populated areas; and

• Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general aut hority to grant exemptions from the agency's safety regulations and minimum standards w hen the Administrator 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) (permittin g exemptions from §§ 44701(a), (b) and §§ 44702 –44716, et seq. ). A party requesting an exemption 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 equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

AD's Proposed UAS Operations Meet the Requirements of Section 333

AD’s proposed operations in this Petition for Exemp tion qualify for expedited approval pursuant to Section 333 of the Reform Act as each o f the statutory criteria and relevant factors

are satisfied.

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

The FAA has previously determined that a Grant of E xemption is appropriate for operations conducted using the AD Fleet, due to the ir size, weight, speed, and operational capability. Specifically, the FAA has found the following characteristics of

the AD Fleet to warrant approval for a Grant of Exemption:

1. The AD Fleet UAS weigh less than 55 lbs (including the battery).

2. Maximum flight speed for the AD Fleet UAS is less t han 87 knots (100mph)

3. The AD Fleet UAS have the capability to operate saf ely after experiencing certain in-flight contingencies or failures and uses an aut o-pilot system to maintain UAS stability and control. The UAS are also able to res pond to a loss of GPS or a lost-link event with a pre-coordinated, predictable, automate d flight maneuver. These safety features provide an equivalent level of safety comp ared to a manned aircraft performing a similar operation and mitigate the ris k of command and control link

failures.

4. Altitude information will be generated by equipment onboard the UA as specified using GPS triangulation, digitally encoded barometric alt imeter, radio altimeter, or any

combination thereof. This information will be tran smitted to the pilot via telemetric

data feed.

5. The radio frequencies used for operations and contr ol of the AD Fleet UAS comply with the Federal Communications Commission (FCC) an d other appropriate government oversight agency requirements. The AD F leet operates within the933 MHz, 2.4 GHz and 5.7 GHz frequency bands (pleas e see Table 1 for operational frequency of each individual UAS).

If the same proposed operations were conducted usin g a helicopter, the aircraft's take-off weight would likely exceed 6,000 pounds. The difference in weight between any AD Fleet UAS (which carries no passenge rs, crew, or flammable fuel), significantly reduces the potential harm to the par ticipating and non-participating individuals or property in the event of an accident or incident.

II. Approval is Warranted Based on the Restrictions in AD's Operating Documents

AD's operating documents contain all the procedures and limitations necessary to safely and successfully perform the proposed operations. To assist the FAA in making a safety assessment of AD's proposed operations, belo w is a copy of operational limitations and conditions that AD will adhere to, and which wi ll ensure an equivalent or higher level of safety to operations conducted under curre nt regulatory guidelines:

1. Operations authorized by the grant of exemption will be limited to the AD Fleet (See Table 1) when weighing less than 55 pounds includin g payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this

grant.

2. Operations for the purpose of closed-set motion picture and television filming are permitted.

3. The UAS may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundsp eed or calibrated airspeed to determine compliance with the 87 knot speed restric tion. In no case will the UA be operated at airspeeds greater than the maximum UA o perating airspeed recommended by the aircraft manufacturer.

4. The UAS must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UAS must be operated within VLOS of the PIC at all times. This requires the PIC to be able to use human vision unaided by any d evice other than corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or U.S.

driver’s license.

6. All operations must utilize a visual observer (V O). The UAS must be operated

within the VLOS of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintain s VLOS capability. The VO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designati on for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.7. This exemption and all documents needed to opera te the UAS and conduct its operations in accordance with the conditions and li mitations stated in this grant of exemption, are hereinafter referred to as the opera ting documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the procedures ou tlined in the operating documents, the conditions and limitations herein ta ke precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or rev ise its operating documents. It is the operator’s responsibility to track such revi sions and present updated and revised documents to the Administrator or any law enforceme nt official upon request. The operator must also present updated and revised docu ments if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an a mendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80 ) may be contacted if questions arise regarding updates or revisions to t he operating documents.

8. Any UAS that has undergone maintenance or altera tions that affect the UAS operation must conduct a functional test flight pri or to conducting further operations under this exemption. Functional test flights may only be conducted by a

PIC with a VO and must remain at least 500 feet fro m other people. The functional test flight must be conducted in such a manner so a s to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pr e-flight inspection and determine the UAS is in a condition for safe flight. The pre-flig ht inspection must account for all potential discrepancies, e.g. inoperable components , items, or equipment. If the inspection reveals a condition that affects the saf e operation of the UAS, the aircraft is prohibited from operating until the necessary ma intenance has been performed

and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’ s maintenance, overhaul, replacement, inspection, and life limit requirement s for the aircraft and aircraft

components.

12. Each UAS operated under this exemption must com ply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot c ertificate. The PIC must also hold a

current FAA airman medical certificate or a valid U .S. driver’s license issued by a state, the District of Colombia, Puerto Rico, a ter ritory, a possession, or the Federalgovernment. The PIC must also meet the flight revie w requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rate d on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consi stent with how the UAS will be operated under this exemption, including evasive an d emergency maneuvers and maintaining appropriate distances from persons, ves sels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience- bui lding) and determining the PIC’s ability to safely operate the UAS in a manner consi stent with how the UAS will be operated under this exemption are permitted under t he terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, and experie nce-building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonpa rticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during nigh t, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (S VFR) are not authorized.

16. The UAS may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facilit y Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA-published aeronautical chart, unless a letter o f agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport ma nagement must be made available to the Administrator or any law enforcement officia l upon request.

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

PIC.

18. If the UAS loses communications or loses its GP S signal, the UAS must return to a pre- determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight u nless (considering wind and forecast weather conditions) there is enough available power for the UAS to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if gr eater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be conducted in accord ance with an ATO-issued COA.The exemption holder may apply for a new or amende d COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this e xemption must be identified by serial number, registered in accordance with 14 CFR part 4 7, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the sa fe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to

the PIC at the Ground Control Station of the UAS an y time the aircraft is operating.

These documents must be made available to the Admin istrator or any law enforcement official upon request.

24. The UAS must remain clear and give way to all m anned aviation operations and

activities at all times.

25. The UAS may not be operated by the PIC from an y moving device or vehicle.

26. All Flight operations must be conducted at leas t 500 feet from all nonparticipating 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 in a manner ensuring the safety of nonparticipating persons; an d b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects an d the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with permission from the property owner/controller or au thorized representative. Permission from property owner/controller or author ized representative will be obtained prior to the beginning of every flight.

28. Any incident, accident, or flight operation tha t transgresses the lateral or vertical boundaries of the operational area as defined by th e applicable COA must be reported to the FAA’s UAS Integration Office (AFS-8 0) within 24 hours. Accidents must be reported to the National Transportation Saf ety Board (NTSB) per

instructions contained on the NTSB Web site: www.ntsb.gov.Exemptions Sought by Petitioner

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 regulations and minimum standards
when the Administrator decides a requested exemption is in the public interest. 7

AD seeks an exemption from several interrelated pro visions of 14 C.F.R. Parts 45, 61 and 91 for purposes of conducting the requested operations usi ng small UASs, including:

FAR Description

91.9(c); 45.23(b) and 45.27(a) Aircraft Marking and Identification Requirements

91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) and (b) Maintenance and Inspection Requirements

61.113; 61.101(e)(4) and (5) Private and Recreational Pilot Privileges and Limit ations

91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and (b) Carrying Aircraft Flight Manual, Certification and Registration in

the Aircraft

91.103 Preflight Action

91.109(a) Flight Instruction

91.119 (b)

91.119(c) Minimum Safe Altitudes – Over Congested Areas

Minimum Safe Altitudes - Over Other than Congested Areas

91.121 Altimeter Settings

91.151(a) Fuel Requirements for Flight in VFR Conditions

Listed below are the specific sections of 14 C.F.R. for which exemption is sought, and the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought.

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Markin g and Identification Requirements

AD 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.-regist ered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapt er.

14 C.F.R. § 45.23(b), Markings of the Aircraft, sta tes: When marks include only the Roman capital letter "N" and the registration number is d isplayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "lightsport, "experimental," or "provisional," as applica ble.

14 C.F.R. § 45.27(a), Rotorcraft, states: Each ope rator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cab in, fuselage, boom, or tail the marks required by § 45.23.

In a prior grants of exemption under Section 333 of the Reform Act, the FAA determined that exemption from these requirements was warranted pro vided that the aircraft "have identification (N- Number) markings in accordance w ith 14 C.F.R Part 45, Subpart C if the markings are as large as practicable. All UAS flown by Petitioner will bear N-number markings that are as large as practicable in accord ance with 14 C.F.R. Part 45, Subpart C.

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 9 1.417(a) and (b): Maintenance Inspections

AD seeks an exemption from the maintenance inspecti on requirements contained in 14C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.4 17(a) and (b). These regulations specify maintenance and inspection standards in reference t o 14 C.F.R. Part 43. An exemption from these regulations is needed because Part 43 and the se sections only apply to aircraft with an airworthiness certificate, which the UAS to be oper ated under this grant of exemption will

not have.

An equivalent level of safety will be achieved beca use maintenance and inspections will be performed in accordance with the operating document s and any required manufacturer Safety or Service Bulletins. Further, the PIC will conduct a pre-flight inspection of the UAS and all associated equipment to account for all dis crepancies and/or inoperable components. Maintenance will be performed and verified to addre ss any conditions potentially affecting safe operation of the UAS and no flights will occur unless, and until, all flight critical components of the UAS have been found to be airwort hy and in a condition safe for operation. A functional test flight will be conduct ed following the replacement of any flightcritical components. As required by the operating documents, the PIC who conducts the functional test flight will make an entry in the UA S aircraft records of the flight.

The operating documents will also include requireme nts to follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components. Moreover, the operating d ocuments also include procedures to

document and maintain a record of the UAS maintenan ce, preventative maintenance, alterations, status of replacement /overhaul compon ent parts, and the total time in service of Petitioner's UAS’s. As a whole, the maintenance and inspection procedures required byAD’s operating documents ensure that an equivalent or higher level of safety will be

achieved.

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

AD seeks exemption from 14 CFR § 61.113, which rest ricts private pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose of Part 61 is to ensure th at 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 f or hire. In this case, while the UAS will be operated as part of a commercial operation, it carr ies neither passengers nor cargo.

In the FAA's Section 333 Grant of Exemption to Astr aeus Aerial ( see Docket No. FAA−2014−0352), the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the addition cost and restrictions attendant with requiring a the PIC to have a commercial pilot cert ificate and third class medical certificate. The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional s afety benefits when UAS operations are

involved.

More recently, the FAA determined that holders of r ecreational and sport pilot certificates would also have adequate aeronautical knowledge to pilot a UAS. Accordingly, because these individuals would also be subject to security screening by the Department of Homeland Security (DHS), the FAA determined that ho lders of recreational and sport pilot certificates would be qualified to serve as the PIC for UAS operations.

The restrictions AD will place on its UAS operation s meet or exceed the restrictions similarly imposed on Astraeus Aerial and other oper ators in more recently granted exemptions under Section 333 of the FAA Reform Act. AD will op erate on private or controlled access property away from persons and property not involve d in the operation. AD will also require all PICs to be thoroughly trained in the unique asp ects of UAS flight. Pilots will have experience not only in UAS operations generally but have logged flight time in the specific make and model used for the operations before they are permitted to participate in commercial flights on behalf of AD. The pilot quali fication, training, and currency requirements will ensure that Petitioner's pilots a re competent and proficient in the UAS they are operating. The Petitioner's training and qualif ication requirements are consistent with those contained in prior FAA issued grants of exemp tion, and will provide a higher level of competency and proficiency for its pilots and will ensure at least an equivalent level of safety.

D. 91.7(a): Civil Aircraft Airworthiness

As there will be no airworthiness certificate issue d for the UAS’s, AD seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civ il aircraft be in an airworthy condition to be operated. While the petitioner’s UAS’s will not have an airworthiness certificate, the FAA has determined that for the purposes of this exempt ion the pilot may determine the aircraft is in an airworthy condition prior to flight. The operati ng documents will contain procedures whichallow the PIC to determine whether the aircraft is in a condition safe for flight, and an

exemption from §91.7(a) is therefore warranted.

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying Civil Aircraft Certification and Registrat ion

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b ) require the operator to carry

airworthiness documents and other aircraft manuals onboard the aircraft.

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may operate a U.S.-registered civil a ircraft –...

(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 pla cards, 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 a irworthiness certificate...

(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 legi ble to passengers or crew.

Given the small size and configuration of the UASs, it would be impossible to keep

airworthiness documents and other aircraft manuals on board the UAS because there is simply no room and the UAS has no cabin or cockpit. An equivalent level of safety will be achieved by ensuring that the pilot has access to t he documents at the ground control station from which he or she is piloting the UAS.

F. 91.103: Preflight Action

AD seeks an exemption from 14 C.F.R. § 91.103, whic h requires a PIC to become familiar with specific information before each flight, inclu ding information contained in the FAAapproved Flight Manual on board the aircraft. While 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.

Adherence to the requirements in the operating docu ments will ensure that the UAS is in an airworthy condition prior to flight. The PIC will p erform a series of checklists designed to identify any defects or inoperable components, whic h cover pre-flight, take-off, landing and post-flight procedures. The PIC will also be requi red to review weather, flight requirements, battery charge, landing and takeoff d istance, UA performance data, and contingency landing areas—before initiation of flig ht. Petitioner's operating documents will be kept at the ground control station and will be a ccessible to the PIC at all times while operating the UAS.G. 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.1 09(a), which provides in pertinent part that no “person may operate a civil aircraft (excep t a manned free balloon) that is being used for flight instruction unless that aircraft has ful ly functioning dual controls." UAS’s and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a device that communicates with the aircraft via radio communications. Accordingly, an exemption wil l be required for the flight instruction requirements of 14 C.F.R. §91.109(a).

Given the size and speed of the UAS’s that Petition er intends to use, an equivalent level of safe training can still be achieved without dual control s because no pilot or passengers are aboard the UAS, all persons will be a safe distance away i n the event that the UAS experiences any difficulties during flight instruction. Moreo ver, all flight training will be conducted on private or controlled access property with requi red permissions.

H. 91.119(b) and (c): Minimum Safe Altitudes

Petitioner requests an exemption from the minimum s afe altitude requirements of 14 C.F.R. §91.119(b) and 91.119(c), which state:

Except when necessary for takeoff or landing, no pe rson may operate an aircraft below the following altitudes:

(b) Over congested areas. Over any congested area of a city, town, or settlem ent, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except o ver open water or sparsely populated areas. In those ca ses, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle , or structure.

AD requests that the minimum distance requirements of 2000' under subsection (b) and 500' under subsection (c) be exempted. At any time the UAS needs to be flown closer than these

distances to a structure or obstacle that is not th e subject of the flight, then AD shall: (a) ensure that a barrier or structure is present that sufficiently protect nonparticipating persons

from the UA and/or debris in the event of an accide nt. The operator must ensure that nonparticipating persons remain under such protecti on. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensur ing the safety of nonparticipating persons; and (b) the owner/controller of any vessel s, vehicles or structures has granted permission for operating closer to those objects an d the PIC has made a safety assessment of the risk of operating closer to those objects and d etermined that it does not present an undue

hazard.

An exemption is warranted due to the fact that the UAS weighs less than 55 lbs (with payload), will be operating within VLOS of a PIC an d VO, at an airspeed of 87 knots or lesswith no flammable fuel onboard, and the standoff re quirements for both participating and

nonparticipating persons and property in the operat ing documents, will ensure the protection of persons and property on the ground—which has been t he purpose of the minimum safe altitudes rule in §91.119 since its inception.

I. 91.121: Altimeter Settings

To the extent necessary for AD to conduct the propo sed operations, Petitioner requests an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by refer ence to an altimeter that is set to the elevation of the departure airport or barometric pressure.

The FAA has stated that an equivalent level of safe ty to the requirements of 14 C.F.R. §91.121 can be achieved in circumstances where: (1) the UAS will be operated below 400 feet AGL or below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground-based on-screen di splay and, (4) where prior to each flight, a zero altitude initiation point is established for t he PIC to confirm accuracy of the onboard

GPS.

The UAS that Petitioner intends to use for performi ng the proposed operations meet all these operational characteristics. Moreover, the operati ng documents will require the PIC to calibrate the aircraft's GPS compass prior to each flight operation. As the FAA has

determined in circumstances similar to this Petitio n for Exemption, Petitioner's UAS and the safety mitigation procedures contained in the o perating documents, ensure that an equivalent level of safety will be achieved, and a grant of exemption to the requirements of § 191.121 is therefore appropriate.

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

AD 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 speed –

(1) During the day, to fly after that for at least 30 minutes; or

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

Public Interest

The public interest will be served by granting AD’s Petition for Exemption. Congress has established a national policy that favors early int egration of UAS into the NAS incontrolled, safe working environments such as those proposed in this Petition. Granting

this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c)

of the Reform Act—the FAA Administrator's assessmen t of whether certain UAS may operate safely in the NAS before completion of the statutorily required rulemaking.

More importantly however, and as recognized by the FAA in prior Grants of Exemption allowing commercial operation of UAS for the same p urposes described in this Petition for Exemption, granting the requested exemptions will s ignificantly improve safety and reduce risk by alleviating the public's exposure to danger and emissions associated with manned aircraft performing similar aerial data collection. The entire AD Fleet is battery powered

and creates no emissions.

Moreover, in the unlikely event that one of AD’s UA S crash, there is no fuel to ignite and explode. Any accident involving Petitioner's lightw eight UAS will present significantly less danger to the pilot and other individuals on the gr ound than one involving a full size aircraft.

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 ru les in Title 14 of the Code of Federal Regulations:

45.23(b); 45.27(a); 61.113; 61.101(e)(4) and (5); 9 1.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(b) and (c); 91.121; 91.151(a); 9 1.203 (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 general public and property

owners from the substantial hazards associated with using conventional fixed-wing aircraft or, rotorcraft for aerial data collection and close d set filming.

Summary

AD’s Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act of 2012, including weight, speed, operating cap abilities, proximity to airports and populated areas, operation within VLOS and national security. The proposed operations in this Petition for Exemption are similar to those in previously issued grants of exemptions, and they would benefit the public as a whole by imp roving safety. In consideration of the foregoing, this Petition for Exemption provides the FAA with all the necessary justification for granting the requested exemptions allowing AD t o operate small UAS to perform aerial data collection and closed set motion picture and t elevision filming.

Sincerely,

Blaine Stuart for AGI Drones
President, Angel’s Gate Inc.