Before the FEDERAL AVIATION ADMINISTRATION Washington, DC f-.

.. '**.~** ·-···**-~,** ._.;_· ,.''i..-A ·' >**(._:~.** PETITIONFOR EXEMPTIONTO OPERATE SMALL UNMANNEDAIRCRAFT SYSTEMS

I. SUMMARY FAARegulatory DocketNo.

Terp et al, LLC., a California company ("Terp et al"), located at 920 Orizaba Ave., Long Beach, CA 90804 seeks authority to commercially operate a unmanned aircraft system fleet pursuant to Federal Aviation Regulations (14 C.F.R. 

### § 1.61) and Section 333 of the FAA Modernization and Reform Act of2012, Special Rules for Certain Unmanned Aircraft Systems. Terp et al also seeks exemption from the requirements ofcertain provisions of14 C.F.R. Parts 21, 36, 45.23(b), 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) and (b), 61.133(b), 61.315(a), 91.7(a), 91.9 (b)(2), 91.103(b)(1), 91.109(a), 91.119(c), 91.121, 91.151, 91.203(a) and (b) 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b). The proposed exemptions, ifgranted, would allow Terp et 

### al to conduct commercial operations of small unmanned aircraft systems ("UAS") weighing 55 pounds or less. II. BACKGROUND Terpet al is a cutting edge professional services and technology company. Consistentwith Congressional intent in enacting Section 222, Terp et al seeks to utilize remote flying and viewing technology to create value for its clients in education and research. Terp et al seeks the requested

TERP ET AL'S PETITION FOR EXEMPTION Page 1 of 16exemptions and a Certificate ofAuthorization permitting Terp et alto offer a suite ofservices to various industries and use cases, such as:

• Aerial photography, videography, and surveying; • Closed-set filming and aerial photography; • Surveying, monitoring, inspections, videography, photography and filmmaking; • Aerial imaging for safety, monitoring, inspecting and/or recording ofsecured and controlled environment construction sites, proposed development sites, inspections ofproperty, and photography for realty advertisements; • Precision photogrammetry and crop scouting; • Search operations for missing persons; • Educational research, technical demonstrations and training; • Precision agriculture, market research, surveying, mapping and inspection; and • Oil and gas pipeline inspections, solar installation inspections, power line/cable inspections, cooling tower inspections, forestry, critical infrastructure inspections, wind turbine inspections, and radiation measurement and monitoring

III. STATUTORYAUTHORITY Section 333, Special Rules for Certain Unmanned Aircraft Systems, provides a procedure for seekingexpeditedFAAauthorizationfor safe civil UAS operationsinthe NAS. Subparta states that the FAA "shall determine ifcertain unmanned aircraft systems may operate safely in the national airspace system before completion ofthe [comprehensive] plan and rulemaking required by 332(b

### )(1) ofthis act or the guidance required by section 334 ofthis Act." In Section 332(b

### )(1), Congress made it clear that section 333 provides a procedure for "expedited operational authorization." Section 333(b) identifies factors that the FAA should consider in determining whether commercial US operations should be approved when, "as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within the visual

TERP ET AL'S PETITION FOR EXEMPTION Page 2 of 16line ofsight do not create a hazard to users ofthe [NAS] or the public or pose a threat to national security." In addition, Section 44701(f) confers a general authority to grant exemptions from the FAA's safety regulations and minimum standards when the administrator decides a requested exemption is in the public interest. IV. TERP ETAL EXEMPTIONS REQUESTED Terpet al requests relieffrom: 14 C.F.R. Part 21 prescribes, in pertinent part, procedural requirements for issuing and changing design approvals; production approvals; airworthiness certificates; and airworthiness approvals. 14 C.F.R. Part36 sets forth noise standards for aircraft type and airworthiness certification. 14 C.F.R. Part 45.23(b) sets forth the requirement, if applicable, that the word "Restricted" be displayed on the unmanned aircraft near each entrance to the cabin, cockpit or pilot station. 14 C.F.R. Part 61.23(a) and (c) sets forth requirements for medical certificates. 14 C.F.R. Part 61.101(e)(4) and (5) prescribes recreational pilot privileges and limitations. 14 C.F.R. Part61.113(a) and 

### (b) prescribes private pilot privileges and limitations. 14 C.F.R. Part 61.133(b) prescribes commercial pilot privileges and limitations.

TERP ET AL'S PETITION FOR EXEMPTION Page 3 of 1614 C.F.R. Part 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless itis in an airworthy condition. 14 C.F.R. Part 91.9 (b)(2) prohibits operation ofUS registered civil aircraft unless there is available in the aircraft a current approvedAirplane or RotorcraftFlightManual, approved manual material, markings, and records, or any combination thereof. 14 C.F.R. Part 91.103(b)(1) prescribes, in pertinent part, that each pilot in command shell, before beginning a flight, become familiar with all available information concerning that flight, include, "for any flight, runway lengths at airports ofintended use, and the following takeoffand landing distance:... Forcivil aircraft forwards and approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein." 14 C.F.R. Part 91.109(a) provides that "no person may operate a civil aircraft (except in mannedfreeballoon) thatisbeingusedfor flightinstructionunlesstheaircrafthasfully functioning dual controls." 14 C.F.R. Part 91.119(c) prescribes that, except when necessary for takeoffor landing, no person may operate an aircraft below the certain altitudes under certain conditions. 14 C.F.R. Part 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitudeby reference to an altimeterthatis set "tothe elevation ofthe departure airport or an appropriate ultimate setting availablebefore departure." 14 C.F.R. Part91.151 prescribes thatno personmaybegin aflight in an airplane underVFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to TERP ET AL'S PETITION FOR EXEMPTION Page 4 of 16the first point ofintended landing and, assuming normal cruising speed, (1) during the day, to fly after thatfor at least 30 minutes; or (2) at night, to fly afterthat for at least 

### 45 minutes. 14 C.F.R. Part 91.203(a) and 

### (b) prohibits, in subpart (a), any person operating a civil aircraft unless it has within it (1) an appropriate concurrent airworthiness certificate; and (2) an effective US registration certificate issued to its owner or, for operation within the United States, the second copy ofthe Aircraft Registration Application as provided for in §43.3 7(c). Section 91.203 prescribes, in subpart (b), that no person may operate a civil aircraft unless and airworthiness certificate or a special flight authorization issued under §91.715 legible topassengers or crewis displayed at the capital cockpit. 14 C.F.R. Part 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft thathas undergone maintenance, inventive maintenance, rebuilding, or alteration unless it has been approved for return to service by aperson authorized under §43.7 ofthe same chapter. 14 C.F.R. Part91.409(a)(1) and (2) prescribes,inpertinentpart, thatnopersonmayoperate aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance ofan airworthiness certificate in accordance with part 21 ofthis chapter. 14C.F.R. Part91.417(a) and 

### (b) prescribes,inpertinentpart,thateachregistered owner or operator shall keep the following records for the periods specified in paragraph (b) ofthis section: (1) Records ofthe maintenance, preventive maintenance, and alteration and records ofthe 100- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (includingthe airframe) and each engine, propeller, rotor, and appliance ofan aircraft. The records mustinclude- (i) A description (or reference to data acceptable to the Administrator) of

TERP ET AL'S PETITION FOR EXEMPTION Page 5 of 16the work performed; and (ii) The date of completion of the work performed; and 

### (iii) The signature, and certificate number ofthe person approving the aircraft for return to service. (2) Records containing the following information: (i) the total time in service ofthe airframe, each engine, eachpropeller, and each rotor. (ii) Thecurrent status oflife-limited parts ofeach airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul ofall items installed on the aircraft which are required to be overhauled on a specified time basis, (iv) the current inspection status of the aircraft, including the time since the last inspection required by the inspectionprogramunderwhich the aircraft and its appliances are maintained, and (v) Thecurrent status of applicable airworthiness directives (AD) and safety directives including, for each, the method ofcompliance, the AD or safety directive number and revision date. Ifthe AD or safety directive involves recurring action, the time and date when the next action is required, and (vi) copies ofthe forms prescribed by §43.9(d) ofthis chapter for each major alteration to the airframe and currentlyinstalled engines, rotors, propellers, and appliances. Therecords specifiedinparagraph (a)(l) ofthis section shall be retained until thework is repeated or supersededby other work or for 1year after the work is performed. The records specified in paragraph (a)(2) ofthis section shall be retained and transferred with the aircraft at the time the aircraft is sold. A list ofdefects furnished to a registered owner or operator under §43.11 ofthis chapter shall be retained until the defects are repaired and the aircraft is approved for return to service. V. TERPETAL'S OPERATIONS SATISFY SECTION 333 REQUIREMENTS

a. Terp et al's UAS Fleet

TERP ET AL'S PETITION FOR EXEMPTION Page 6 of 16Terp et al proposes to operate two small UAS under this exemption. YuneecQSOO Terp et al seeks an exemption to operate a Yuneec QSOO for compensation or hire. The QSOO" is comprised ofa multi-rotor unmanned aircraft and one handheld ground control station. The QSOO is equipped with four rotors driven by four lithium polymer battery powered electric motors. Design and operational characteristics are provided in Operating Manual available at http:/ /www.yuneec.com/download/TyphoonQ500PUserManualVl.pdf 3DR Iris+ Terp et al seeks an exemption to operate a 3DR Iris+ for compensation or hire. The 3DR Iris+ is comprised ofa multi-rotor unmanned aircraft and one handheld ground control stations. The3DRIris+ is equippedwithfour rotors drivenbyfour lithiumpolymerbatterypoweredelectric motors. Design and operational characteristics are provided in the Operating Manual available at http://3drobotics.com/wp-content/uploads/2015/02/IRIS-Plus-Operation-Manual-vH-web.pdf. b. Pilot In Command (PIC) and Operations All Terp et al Flight Crews, including PIC and Visual Observers (VO), will be qualified as directed by FAA and Terp et al Standard Operating Procedure (SOP). All flight crewmembers, includingPIC and VO, will have an understanding of, and comply with, Title 14 Code ofFederal Regulations, and/or Agency directives and regulations, applicable to the airspace where the UAS will operate. Specifically all flight crew members will receive training on the rules and responsibilities described in 14 CFR Part 91 Sections 91.111, 91.113 and

TERP ET AL'S PETITION FOR EXEMPTION Page 7 of 1691.115 regarding cloud clearance, flight visibility and the pilot controller glossary, including standard ATC phraseology and communication. The PIC must possess at least a current private pilot certificate and third class medical certificate. The PIC must also meet the flight review requirements specified in 14 CFR Section 61.56 in an aircraft in which the PIC is rated onhis/herpilot certificate. Prior to operations, the PIC must have accumulated and logged, in a manner consistent with 14 CFR Section 61.51(b), a minimum of25 hours oftotal time as a UAS pilot and at least ten hours logged as aUAS pilot with similarUAS type (fixed wing orrotary). Prior documented flight experience that was obtained in compliance with applicable regulations may satisfy this requirement. Training, proficiency, and experience building flights are requested to be conducted under this grant of exception to accomplish the required flight cycles and flight time. During training, proficiency, and experience building flights, all persons not essential for flight operations will be considered non-participants and the PIC will operate the UAS with appropriate distance from non-participants in accordance with 14 CFR Section 91.119. The UAS shall remain clear and yield the right of way to all other manned aviation operations and activities at all times. The UAS shall be operated at an altitude of no more than 400 feet above ground level (AGL). All altitudes reported to ATC will be in feet. The multi-rotor UAS shall notbe flown at a ground speed exceeding 30 mph. Fixed wing and hybrid UAS shall be flown at a ground speed not to exceed the maximum design limitation air speed of57 mph as stated in the operating manuals. TERP ET AL'S PETITION FOR EXEMPTION Page 8 of 16UAS Operations will be conducted under visual meteorological conditions (VMC). The UAS will notbe operatedless than 500 feet below or less than 2000 feet horizontally from a cloud

or when visibility is less than 3 statute miles from the PIC. IftheUASloses communications orloses its GPS signal, itmustreturnto apre-determined location within the planned operating area and land orbe recovered in accordance with Terp et al SOP. TheUAS PIC must abort theflight in the event ofunpredicted obstacles oremergencies in accordance with operating documents. The UAS PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intendedlanding point andland the UAS with 25% batterypowerremaining.

c. Terp et al's UAS Operating Parameters TheUAS operatedin accordance withthis proposed exemption shallbeidentifiedby serial numbers, registered in accordance with 14 CFR part 47, and have identification (N-Number) markings in accordance with 14 CFRpart

### 45, Subpart C. Markings will be as large as practicable. The UAS documents required under 14 CFR 91.9 and 91.203 shall be available to the PIC atthe GroundControlStationoftheUAS anytime the aircraftis operating. Thosedocuments shall be available to theAdministrator or any law enforcement official upon request. Any UAS incidents, accidents or flight operations that transgress the lateral or vertical boundaries ofthe operational area as definedby the applicable COA shall bereportedtotheFAA's

TERP ET AL'S PETITION FOR EXEMPTION Page 9 of 16UAS Integration Office (AFS-80) within 24 hours. Accidents shall be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. Unless otherwise specified in this petition, the UAS PIC, and the UAS operations shall comply with all applicable parts of14 CFRincluding, butnot limited to, parts 45, 47, 61 and 91. The UAS shall not be operated over congested or densely populated areas. These areas include but are not limited to the yellow areas depicted on World Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). Each work site will also be evaluated based on local conditions. Operations ofUAS may be conducted at distances less than 500 feet from participating persons, vessels, vehicles or structures that perform an essential function in connectionwiththese special purpose operations. Operations closer than 500 feet from the PIC, VO, operator trainees and essentialpersons are permittedwhen operationally necessary;butnever so closetopresentan undue hazard. This is consistentwith Exemption No. 11138. Operations ofUAS may be conducted at distances less than 500 feet from unoccupied vessels, vehicles orstructures ownedby theland owner

### Icontrollerwhen theland owner

### Icontroller grants such permission, and the PIC makes a safety assessment ofthe risk from operations and determines thatit does notpresentan undue hazard topersons orproperty. Thisis consistentwith Exemption No. 11138. Flight operations will be conducted at least 500 feet from all nonparticipating persons unless barriers or structures are presentthat sufficiently protectnonparticipatingpersons from the TERP ET AL'S PETITION FOR EXEMPTION Page 10 of 16UAS and/ordebris intheeventofan accident. Terpetal shall ensurethatnonparticipatingpersons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet ofthe UAS, flight operations will cease immediately. This is consistentwithExemptionNo. 11138. All operations of UAS shall be conducted with the permission from the land owner

### Icontroller or authorized representative. Permission from the land owner

### Icontroller or authorized representative will be obtained for each flight to be conducted. The UAS will not operate within 5nautical miles ofan airport reference point as denoted

on a current FAA-published aeronautical chart unless a letter of agreement with that airport's managementisobtained,andtheoperationisconductedinaccordancewithaNOT AMas required by the operator's COA. The letter of agreement with the airport management will be made available to the Administrator upon request. This is consistentwith Exemption No 11159. The UAS mustbe operated within VLOS ofthe PIC and VO at all times. This requires the PIC to be able to use human vision to see the UAS unaided by any device other than corrective lenses, as specified on the PIC's FAA issued medical certificate. All UAS operations must utilize a VO. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC mustbe able to communicate verbally at all times. The PIC and VO must be designated before the flight and cannot transfer his or her designation for the duration ofthe flight. The PIC must ensure that the VO can perform the functions prescribed in Terpet al's SOP.

TERP ET AL'S PETITION FOR EXEMPTION Page 11 of 16The UAS will not be operated by the PIC from any moving device or vehicle. Operations will notbe conducted during night as defined in 14 CFR 1.1. Terp et al will conduct preflight safety risk assessments to determine that the UAS is in a conditionfor safe flight (14 CFRSection 91.7(b)) and that the planned operation canbe completed safely. Specific procedures are addressed in Terp et al's SOP, and UAS Operation Manuals. Terp et al's operations do not require anotification to Flight Standards District Offices (FSDOs). Terp et al shall obtain an Air Traffic Organization (ATO) issued Certificate ofWaiver or Authorization (COA) prior to conducting any operations outside the parameters ofthis requested grant ofexemption. Additionally, Terp et al will request aNotice to Airmen (NOT AM) not more than 72 hours, butnotless than 48 hours prior to the operation. Prior to operations conducted for the purpose of precision agriculture (or similar operations), the PIC must have accumulated and logged in a manner consistent with 14 CFR Section61.5l(b), aminimumoffive hours as aUASPICoperatingthemakeandmodeloftheUAS to be utilized for operations under this requested exemption, and three take-offs and landings in the preceding 90 days. Training, proficiency, experience-building, and take-off and landing currency flights are requested to be conducted under this grant ofexemption to accomplish the required flight time and 90 day currency. During training, proficiency, experience building, and take-offand landing currencyflights all personnelnot essential for flight operations are considered nonparticipants, and the PIC must operate the UAS with appropriate distance from nonparticipants inaccordance with 14 CFRSection91.119.

TERP ET AL'S PETITION FOR EXEMPTION Page 12 of 16All operations must utilize a VO. The VO may be used to satisfy the Visual Line ofSight (VLOS) requirement as long as the PIC always maintain VLOS capability. TheVO and PIC must be able to communicate verbally at all times. This condition and limitation is consistent with all FAAapprovedExemptions. VI. Terp et al's Requested Exemption Promotes the Public Interest Granting Terp et al's petition for exemption will further the public interestbecause Terp et al seeks to perform necessary and vital services for public and private organizations. Such services include research, education, agricultural, search and rescue. The Terp et al unmanned aircraft fleet are battery-powered UAS that serve as a safe, efficient, and economical alternative to the demand aircraft traditionally utilized in obtaining aerial imagery within these industries. 

### An exemption allowing Terpetal'sUAS fleet to operate would reduce the amount ofmanned aircraft operating in the NAS, reduce noise and air pollution. In addition, the safety oflife and property both in the air and on the ground would be improved. Byreducing the number ofmanned aircraft operatingin theNAS airport congestioncaused by arriving and departing aircraft will be reduced. The Terp et al UIS fleet does not require an airport to take offor land. A reduction ofmanned aircraft conducting aerial imagery flights would

mean air traffic control handling less traffic during the ground, takeoff, departure, arrival and landing phases offlight operations. Aerialimagerymissions using theTerpet al UAS fleet, insteadofmanned aircraft, benefits the public by drastically reducing air and noise pollution generated during manned aircraft operations. The Terp et al UAS fleet, a battery powered electric motor, is the most viable

TERP ET AL'S PETITION FOR EXEMPTION Page 13 of 16environmentally conscious alternative to internal combustion aircraft. Themaximum gross weight of5pounds per UAS has less physical mass for collateral damage to life and property whether on the ground or in the air.

a. Exemption From The Requirements Of Section 91.9(b) Would Not Adversely Affect Safety This exemption would maintain the level ofsafety established by Section 91.9(b) because Terp et al will keep the approved Airplane Flight Manual at the ground control station where the pilot in command will have immediate access to the document. Previous exemptions granted by the FAA concerning Section 91.9(b) establish that safety is not adversely affected when the approved Aircraft Flight Manual is kept at the ground control station ofaUAS, whereitcanbeimmediately accessedbythepilotin command. Section91.9(b) "requires aircraft to carry the flight manual so the pilot would have ready access to the aircraft limitations while inflight." ExemptionNo. 8607. However, the FAAhas also found thatUAS will always be operated without any passengers or crew onboard, and that "requiring these special-use aircraft [UAS] to carry superfluous paper documents may present a safety hazard to the integrity ofthe [UAS]." ld. TheFAAhas previously granted exemptions in circumstances similar, in all material respects, to those presented herein (e.g., Exemption Nos. 8607, 8737, 8738, 9299, 9430, 9554, 9564,9565,10167,10602,10673,10835,10869,10968). b. Exemption From The Requirements OfSection 91.203(a) and (b) Would Not Adversely Affect Safety

TERP ET AL'S PETITION FOR EXEMPTION Page 14 of 16This exemption would maintain the level of safety established by Sections 91.203(a) and 

### (b) because Terp et al will keep the required documents at the ground control station where the pilot in command will have immediate access. Previous exemptions granted by the FAA concerning Sections 91.203(a) and (b) establish that safetyis notadversely affected whentheAirworthiness Certificate and U.S. registration certificate

are kept at the ground control station ofthe UAS, where it can be immediately accessed by the pilot in command. Specifically, the FAA has held that the intent ofSections 91.203(a) and (b) is better served by having the required documents in the control of the UAS operator (pilot in command), reasoning as follows: "The original intent ofthe subject regulation was to display the airworthiness and registration documents so they would be easily available to FAA inspectors and passengers for inspection and verification ofthe airworthiness and registration ofthe aircraft ... In this case, the aircraft will always be operated without any passengers or crew." The missions for which UASs are intended will prevent the need for aircraft normally prescribed for civil aircraft. Further, it will be operated on strictly confined missions from aknown departure and arrival point, under the constant control ofa pilot-in-command. Requiring these special-use aircraft to carry superfluous paper documents may present a safety hazard to the integrity ofthe [UAS]. FAAoperating limitations and special arrangements with Air Traffic Control (A TC) for surveillance of [UAS] flights adequately compensate for the requirements for carrying airworthiness and registration documents. The intent ofthe regulation is better served by having the required documents in the control ofthe aircraft operator and available for inspection under the special conditions prescribed in this exemption.

TERP ET AL'S PETITION FOR EXEMPTION Page 15 of 16The FAA has previously granted exemptions in circumstances similar, in all material respects, to those presented herein (e.g., Exemption Nos. 8607, 8737, 8738,9299,9564,9565, 10167, 10602, 10673, 10835, 10869, 10968). VII. CONCLUSION As setforth above, Terp etal seeks an exemption pursuantto 14 C.F.R. 

### § 11.61 and Section 333 of the FAA Modernization and Reform Act of2012, which 

### will permit safe operation ofthe Terp et al UAS fleet commercially, without an airworthiness certificate, for the purposes described above. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of2012, and the public, by allowing Terp et alto safely, efficiently, and economically operate the UAS fleet commercially within the NAS. WHEREFORE, in accordance with the FederalAviation Regulations and theFAAModernization and Reform Act of2012, Section 333, Terp et al respectfullyrequests thattheAdministrator grant this Petitionfor anexemptionfrom the requirements of14C.F.R. Parts 21, 36, 45.23(b), 61.23(a) and (c), 61.101(e)( 4) and (5), 61.113(a) and (b), 61.133(b), 61.315(a), 91.7(a), 91.9 (b)(2), 91.103(b)(1), 91.109(a), 91.119(c), 91.121, 91.151, 91.203(a) and (b) 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b). Dated this 29June 2015.

Daryl G. Crouse, Esq. 920 OrizabaAve. Long Beach, CA 90804 (562) 342-4246 TERP ET AL'S PETITION FOR EXEMPTION Page 16 of 16