November 16 , 2015

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

Re. Meteorlogik Aerial Resources, LLC Request for Exemption from Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Moderni zation and Reform Act of 2012 (t he Reform Act) and 14 C.F.R. Part 11, Meteorlogik Aerial Resources, LLC (“Meteorlogik”) , the operator of

Un manned Aircraft Systems (“UAS”) hereby applies for an exemption from the listed Federal Aviation Regulations (“FARS”) identified below, to allow for commercial and public service operations of its UAS so long as such operations are conducted within and under the conditions outlined herein or as may be listed by the FAA as required by Section 333.

I. INTRODUCTION

Meteorlogik Aerial Re sources, LLC seeks an exemption to allow for commercial and public service operations in the following sectors: agriculture; archeology; construction site planning, inspection and monitoring; natural resource management; mining; oil and gas (including pipe line inspection and associated infrastructure); power generation utilities and infrastructure inspection; freight and transportation infrastructure inspection; structural assessment/inspection of tall structures (i.e., wind turbines, communication towers, flare stacks); UAV flight instruction; education and research; aerial filmmaking and photography; recreational and event imagery; real estate and development promotion; news gathering; insurance assessment and estimation; public entity support operations; search and rescue; disaster response and support

.

Meteorlogik seeks an exemption to operate the following UAS for compensation or hire within the National Airspace System ( NAS) : DJI Phantom 3, DJI Inspire 1

, DJI F550 Flamewheel, DJI Spreading Wings S1000, 3D Robotics Y6 and 3D Robotics X8

.

Meteorlogik requests exemption from the following regulations: 14 C.F.R Part 21, Subpart H;
14 C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 91.9(b)(2);14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109(a); 14 C.F.R § 91.119; 14 C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).

II. METEORLOGIK’S PROPOSED OPERA TIONS DO NOT CREATE

SIGNIFICANT HAZARDS

Meteorlogik’s UAS are rotorcraft weighing 55 or fewer lbs. including payload. They operate under

normal conditions at a speed of no more than 50 knots a nd have the capability to hove r, and move in the vertical and horizontal plane simultaneously. They will operate only in visual l ine o f sight (VLOS), remain under 400 ft. AGL and will operate with property ow ner permission or property representative; such operations will insure that t he UAS will “not create a hazard to users of the national airspace system or the public” as per the reform Act Section 333.

III. METEORLOGIK’S PROPOSED OPERATIONS ARE IN THE PUBLIC

INTEREST

Granting the present Petition will further the public interest by allowing Meteorlogik to safely, efficiently, and economically conduct aerial video and photography.

Additionally, use of the UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the bene fits of Meteorlogik’s proposed operation of the UASs will be realized without implicating any privacy issues.

IV. SPECIFIC LIMITATIONS ON PROPOSED FLIGHT OPERATIONS

Meteorlogik ’s Oper ations Manual contains all the procedures and limitation to successfully perform commercial and public sector operations. Listed below is a summary of operational

limitations and conditions which

, will ensure a level of safety equal to or exceeding the level of safety for operations that are conducted under the cu rrent regulatory structure:

1. The UAS will weigh less than 55lbs. 2. Flights will be operated within the line of sight of both the pilot and observer at all

times. 3. Maximum total flight time for each flight will be limited to the amount of time the

U AS can be flown and still land with at least 20 % battery power remaining.4. Flights will be operated at an altitu de of no more than 400 feet AGL.

5. Minimum crew for each o peration will consist of the PIC and the VO

. 6. The PIC will have at least a sport pilot’s license and will have sufficient knowledge of the area where the operation is taking place, as well as training to safely operate the UAS in accordance with the standards set forth in the Operations Manual and aircraft

manufacturers’ user man ual(s)

. 7. The designated VO will be in constant voice contact with the PIC during the entire operation. 8. The UAS will operate in accordance with the safety and operational requirements of

the aircraft manufacturers’ user manual(s)

. 9. Prior to any operation a Mission Plan will be created setting forth the limitations for the flight as well as any hazard information. 10. A briefing will be conducted in regard to the planned UAS operations prior to each flight activity. It will be mandatory that all personnel involved with the operational duties of the flight be present for this briefing. 11. If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a pre

- determined location and land autonomously.

12. Th e PIC will have the capability to abort a flight in case of unpredicted obstacles, weather, or emergencies.

V. SPECIFIC FAR EXEMPTIONS REQUESTED

Meteorlogik seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 61, and 91 fo r purposes of conducting the requested operations using UASs. Listed below are (1) the specific FAR sections for which exemption is sought, and (2) the operating procedures and safeguards that Meteorlogik has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. See 14 C.F.R. §11.81 (e).

14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1) The FAA has stated that no exemption is needed from this section if a find ing is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same application. These criteria are met, and therefore no exemption is needed. See Grant of Exemption to Astraeus Aerial, Docket No. FAA 2014

- 0352 at

pages 13

- 14, 22. If, however, the FAA determines that there are some characteristics of Meteorlogik’s UASs that fail to meet the requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety: Th e UASs identified in Section I are safe when taking into account size, weight, speed, and operational capability. The UASs utilized by Meteorlogik weigh less than 55 pounds and will be flown at speeds under 50 kts. and in visual line of sight of the

operat or. The UAS does not carry pilots, passengers, explosive materials, or flammable liquid fuels. The UAS will be operated within the parameters of the aircraft manufacturers’ user manual(s)

.Operations that occur under this exemption will be closely monitored and controlled by the PIC and will be conducted in complian c e with local public safety requirements. Meteorlogik will also provide the FAA with advance notice of all operations via NOTAM and coordination wit h the local FSDO. The proposed operations will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate without the restrictions and conditions proposed here. The proposed operations will also be as safe, or safer than, traditional power line monitoring and/or wind turbine inspection methods.

14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal

categor y rotorcraft. To the extent Meteorlogik’s UASs would otherwise require certification under Part 27, Meteorlogik’s seeks an exemption from Part 27’s airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H.

14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and Identification Requirements 14 C.F.R. §45.23(b), Markings of the Aircraft states: When marks include only the Roman capital letter “N” and the registration numbe r is displayed 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 t han 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light

- sport, “experimental,” or “provisional,” as applicable.

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

14 C.F.R. § 91.9(c) states: No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that the aircraft “have identification (N

- Number) markings in accordance with 14 CFR part 45, Subpart C if the markings are “as large as practica ble.” See Exemption No. 11062, Docket No. FAA 2014

- 0352, p. 14.

Equivalent Level of Safety: Meteorlogik will mark all UAVs with their N

- Number in a prominent spot on the fuselage with markings that are as large as practicable.

14 C.F.R. § 61.113: Privat e Pilot Privileges and Limitations Meteorlogik seeks exemption from 14 CFR § 61.113, which restricts private pilots from flyingaircraft for compensation or hire and would also require a second class medical certificate. The purpose of Part 61 is to ensur e that the skill and competency of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the pilot is carrying passengers or cargo for hire.

While the UASs will be operated as part of a commercial operatio n, it carries neither passengers

nor cargo. In the Grant of Exemption in FAA Docket No. FAA

- 2014

- 0352, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant

the additional cost and restrictions attendant with requiring the PIC to have a commercial pilot

certificate and a class II medical certificate. The FAA has also determined that the required knowledge for a commercial pilot covers the same fundamental principles as a private pilot.

Equivalent Level of Safety : Meteorlogik will ensure that an equivalent level of safety will be

maintained as no PIC will be allowed to operate the UAS unless that PIC has met certain flight

hour and currency requirements, demonstrating that the PIC is abl e to safely operate the UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures.

Fu rther, Meteorlogik subm its that all flights of the UAS, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Meteorlogik business; and (2) will not carry passengers or property for compensation or hire

14 C.F.R. § 91.7(a ): Civil Aircraft Airworthiness Meteorlogik seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required to the extent that the requirements of Part 21 are waived or found inapplicable. Accordingly, Meteorlogik requests that the requirements for Section 91.7 be treated in accorda nce with FAR Part 21 Subpart H.

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft; 14 C.F.R. §§ 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration Pursuant to person 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 Manual 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 operate a civil aircraft unless it has within it the following: (1) An appropriate and current airworthiness certificate.(b) No person may operate a civil aircraft unless the airworthiness certificat e 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.

Meteorlogik does not request an exemption from this section but instead notifies the FAA that, in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014,

the UAS aircraft manufacturers’ user manual(s) , registration certificate and other documentation will be kept at the control station with the PIC during flight. The Chief Counsel’s Office has held that for all UAS operations, this alternate method constitutes full compliance with the regulations.

14 C.F.R. § 91.103: Preflight Action Meteorlogik seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the

FAA

- approved Flight Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely conduct flight operations, 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 following the Operations Manual and aircra ft manufacturers’ user manual

. Th e PIC will take all required preflight actions

- including performing all required checklists and reviewing weather, flight requirements, battery charge, landing and takeoff distance, aircraft performance data, and contingency landing areas

- before initia tion of flight. The Operations Manual and aircra ft

manufacturers’ user manual will be kept at the ground station with the operator at all times.

14 C.F.R. § 91.109(a): Flight Instruction Meteorlogik seeks an exemption from 14 C.F.R. § 91.109(a), which provides that “[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls.” UASs and remotely piloted aircraft, by their design, do not have fu nctional dual controls. Instead, flight control is

accomp lished through the use of the Flight Control System/Ground Control Station (GCS) that

communicates with the aircraft via radio communications.

Equivalent Level of Safety: Given the size and speed of the UASs , an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the aircraft, and all persons will be a safe distance away in the event that the aircraft experiences any difficulties during flight instruction. In addition, Meteorlogik will conduct flight training at

a remote facility away from population centers. These training flights will be conducted in a sterile training area and will otherwise comply with the provisions in the O perations Manual and

aircra ft manufacturers’ user manual

. In addition, Meteorlogik ’s proposed method of operation provides superior levels of safety.14 C.F.R. § 91 .119: Minimum Safe Altitudes Meteorlogik requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119

. Section 91.119 prescribes that an aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure in non

- congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated “without hazard to person or property on the surface,” provided that “each person operating the helicopter compl i es with any routes or altitudes specifically prescribed f or helicopters by the FAA.”

Equivalent Level of Safety: Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel, any risk associated with these operations is far less t han those that presently exist with conventional

aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the

UAS , as well as the locations where it is operated

. In order to avoid any risk to aircraft, flight

op eratio ns will be restricted to 4 00 feet AGL or below.

14 C.F.R. § 91.121: Altimeter Settings Meteorlogik seeks an exemption from 14 C.F.R. § 91.121, 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 barometric pressure

. An exemption is required to the extent

that the UAS does not have a barometric altimeter setting , but rather a GPS altitude read out.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety can be achieved if the aircraft will be operated at or below 400 feet AGL and within VLOS in addition to GPS based altitude information relayed in real time to the operator. See Grant of Exemption

No. 110 62, p. 20

- 21. As the attached Operations Manual and aircra ft manufacturers’ user

manual indicate, the UAS will be operated at or below 400 feet AGL and complies with the limitations in the Grant of Exemption No. 11062.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions Meteorlogik 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 under VFR conditions unless (co nsidering wind and forecast weather conditions) there is enough 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 minutes.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still m aintaining a 30 minute reserve. Meteorlogik proposes that all flights comply with this requirement by mandating that the aircraft be sa fely landed with

no less than 20 % of remaining battery life.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety is provided ifthe UAS flight is conducted under daytime VFR flight conditions using VLOS, and terminated

with at!least!5!minutes!or!with!the!reserve! battery! power!recommended!by!the! manufacturer!if!greater

. See Grant of Exemption No. 11062, p. 21

- 22. The Operations

Manual and aircra ft manufacturers’ user manual confirms this limit, which provides an equivalent level of safety.

14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections Meteorlogik seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft “[s]ha ll have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ... have discrepancies repaired as prescribed in part 43 of this chapter”). 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 will not have.

Equivalent Level of Safety: An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the aircra ft manufacturers’ user manual

. This includes maintenance, overhaul, replacement, and inspection requirements for the aircraft and procedures to document and maintain maintenance records for the aircraft. This also includes preflight inspection proc edures. As provided in the Operations Manual , flights will not be conducted unless a flight operations checklist is performed that includes all of the aircraft’s

components. The Operations Manual and aircra ft manufacturers’ user manual also set requireme nts for maintenance log books and record keeping as well as routine and post

- flight

maintenance. The Operations Manual and aircra ft manufacturers’ user manual set requirements for both annual maintenance and preventative maintenance.

VI. SUMMARY FOR FED ERAL REGISTER Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Meteorlogik seeks an exe mption from the following rules : 14 C.F.R Part 21, Subpar t H; 14 C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109(a); 14 C.F.R § 91.119; 14 C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the operator, the general public and property owners from the hazards ass ociated with performing the same work with conventional

rotorcraft and aircraft

.VII. CONCLUSION Satisfaction of the criteria provided in Section 333 of the Reform Act

- size, weight, speed, operating capabilities, proximity to airports and populated a reas, operation within visual line of sight, and national security considerations

- provides more than adequate justification for the grant of the requested exemptions to permit Meteorlogik to operate the selected UASs in the

manner described within

.

Gra nting the requested exemption will benefit the public interest as a whole in many ways, including (1) significantly improving safety and reducing risk to human life ; (2) improving the quality of services offered ; and (3) decreasing the operating costs comp ared to those of

conventional aircraft and rotorcraft.

Respectfully submitted,

Joseph A. Kimmet, owner/operator Meteorlogik Aerial Resources, LLC

1141 Sabraton Ave Morgantown, WV 26505 Tel: (304) 376

- 9616 JAKimmet@gmail.com