February 4,2016

U.S. Department of Transportation

Docket Management System

1200 New JerseyAve., SE

Washington, DC 20590

Re: Petition ofAir I Photography for an Exemption Pursuant to Section 333 ofthe FAA

Modernization and ReformAct of 2012

Director: Flight Standards Service:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Actu) and

14 C.F.R. Part 11, Air I Photography (Refened to as "Air l') hereby applies for an exemption

from the FederalAviation Regulations ("FARs") identified below to allow commercial operation

of small unmanned aerial vehicles (f.e., "small unmanned aircraft" or '{JAS") for the purpose of

conducting aerial photography, videography, cinematography, inspection, mapping and imaging

for the motion picture, television, real estatg construction and web indusfies.

This petition for exemption is made based on information outlined in this Petition for Exemption,

as well as the accompanying Air I documents;

1. PIC Flight Operations Manual and;

2. Operations Manuals

(Collectively 2 and 3 are referred to as Documents & Manuals") 3. User Guide and;

4. Flight Manualr

(Collectively 3 and 4 are referred to as "IVlanufacturer's Manuals")

Air 1 submits these supporting materials as confidential documents pursuant to 14 C.F.R. $

11.35(b), as the materials contain confidential commercial and/or proprietary information that

Air t has not and will not share with other requesting parties. Additionally, these documents

contain operating conditions and procedures that are not generally available to the public and are

protected from release under the Freedom of InformationAct, 5 U.S.C. $ 552 et. seq.

NOTE: ALLAITACHMENTS SET FORTII IN SUPPORT OF THIS LETTER OF

PETITIONARE CONFIDENTIALAND SHALL NOT BE RELEASED TO TIIE

PTIBLIC WITIIOT]"T WRITTEN AUTTIORIZATION FROM TIM PETITIOI{ER.

1. The term "Manufacturefs Manual" also includes all relevant manufacturer publications, including, but not limitd

to: operations and flight manuals, user guides, component maintsnance manuals, pilot training manuals, service

information letters an4 safety/service bulletins.
U.S Department of Transportation

February 4,2016

Page 2

For your convenience, this Petition is organned as follows:

I. Description of Petitioner

n. Description of Proposed Operations

A. Aerial Videography, Photography, Cinematography, Inspection, Mapping and

Imaging

ilI. RelevantStatutoryAuthority

IV. Air lns Proposed UAS Operations Meet the Requirements of

Section 333 of the Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and

Operational Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the

Operations Manuals

Y. Regulations Fmm Which Exemption is Requested

A. 14 C.F.R. Pafi2l, Subpart H -Airworthiness Certificates and 14 C.F.R. $

e1.203(a)(1)

B. 14 C.F.R. Partz7 Airworthiness Standards: Normal CategoryRotorcraft

C. L4 C.F.R. $$ 91.9(c), 45.23(b) and45.27(a): Aircraft Mmking and

Identifi cation Requirements

D. 14 C.F.R. $ 9l.aOs(a),9t.407(a)(1),91.409(a)(1) and (z);gt.an(a) and (b):

Maintenance Inspections

E. 14 C.F.R. Part 61, 14 C.F.R. $ 61.3, 14 C.F.R. $ 61.113: Private Pilot

Privileges and Limitations

F. 14 C.F.R. $ 91.7(a): CivilAircraftAirworthiness

G. 14 C.F.R. $ 91.9(bX2): Civil Aircraft Flight Manual intheAircraft and 14

C.F.R. $ 91.203(a) and (b): Carrying Civil Aircraft Certification and

Registration

H. 14 C.F.R. $ 91.103: PreflightAction

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

J. 14 C.F.R. $ 91.119(c): Minimum SafeAltitudes

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

L. 14 C.F.R. $ 9 t. I 5 I (a): Fuel Requirements for Flight in VFR Conditions

VI. Drug and Alcohol Program

VII. Public Interest

V[I. Privacy

IX. FederalRegisterSummary

X. Conclusion
U.S Department of Tiansportation

February 4,2016

Page 3

I. DESCRIPTION OF PETITIONER

Air I is based in San Antonio, TX and provides aerial photography, videography,

cinematography, inspection, mapping and imaging for the motion picture, television, real estate,

construction and web industies. The Company's Principal and Chief Pilot Joshua W. Pardee has

been flying UAV Quadcopters as a hobby for more than year without incident, logging hundreds

ofhours flying.

Upon the grant of the 333 Exemption the Company's business will specialhe tn aefial

photography, videography, cinematography, inspection, mapping and imaging for the motion

picture, television, real estate, consfiuction and web industries.

Air l's staffare well trained and experienced in providing support as visual observers ('VO") for

the pilot in command ("PIC") in addition to any other needed on site assistance.

All of the equipment owned byAir 1 is of the highest qualrty gear and has been able to provide

these services safely and without any claims or incident. Air I's goal is to advise the perspective

client that Air 1 is following all the applicable state and federal rules to ensure the safety of the

public while providing the client with a competitive and cost effective product.

Air 1 seeks an exemption to allow for aerial photography, videography, cinematography,

inspection, mapping and imaging and other related media products.

The contact information for Petitioner is as follows:

Joshua W. Pardee

Air l Photogaphy

7354Tamburo Trail

SanAntonio, TX78266

Phone: 501.772.2409

Email: josh.pardee@hotmail.com

II. DESCRIPTION OF PROPOSED OPERATION

Air I seeks an exemption pursuant to Section 333 of the Reform Act to operate the DJI Phantom

3 Pro; and, DJI Inspire Pro (refered toAIP-UAS) (under 55lbs) for the proposed operations

discussed herein below. All UAS operations will occur under tightly controlled conditions on

private property or approved location where Air I has received verifiable permission to operate

from the landowner, controller or authorized representative. The proposed UAS operations will

be conducted in accordance with the conditions and limitations ofthis Petition for Exemption

and Air I's Operations Manuals. As detailed in Air l's Operations Manuals, all UAS operations

will be limited to daytime VFR conditions, within visual line-of-sight ('VLOS') ofthe operator,

in uncontrolled airspace, and will occur at least 5 nm away from an airport reference point.

Moreover, Air I's Operations Manuals incorporate redundant safeguards to assure the aircraft

does not travel outside the controlled area ofUAS operations, including GPS "geo-fencing"

technologies.
U.S Deparfnent of Transportation

February 4,2016

Page4

A. AerialVideography,PhotognnphV,Cinematography,Inspection,Mapping

and Imaging

Air I seeks to use small AIP-UAS for the purpose of conducting aerial photography,

videography, cinematography, inspection, mapping, imaging and forthe motion picture,

television, real estate, construction and web indusfiies. Air I has purposefully ta{lored its

operations to meet the requiremenB established by the FAA in prior grants of exomption

authorizing commercial use of UAS in the real estate industry, including:

o AstaeusAerial (ExemptionNo. 11062)

o AerialMOB, LLC (ExemptionNo. 11066)

o Pictorvisiorq Inc. (ExemptionNo. 11067)

o HeliVideo Productions, LLC @xemptionNo. 11065)

o Snaproll Media" LLC (ExemptionNo. 11063)

. RC Pro Productions Consuhing, LLC d/b/a VortexAerial (Exemption No. 11064)

r Flying-Cam, LLC @xemptionNo. 11080)

o Aerocine, LLC (ExemptionNo. 11150)

o Team 5, LLC (Exemption No. lll58)

e AlanD. Purwin @xemptionNo. 11161)

e HelinetAviation Services, LLC (ExemptionNo. 11160)

o Picture Factory Inc. @xemptionNo. 11178)

o Airshark @xemptionNo. 11651)

r Trudeau, Realtor@ (Exemption No. 11138)

r Alon Sicherman (ExemptionNo. 11728)

All UAS photography, videography, cinematography, mapping, imaging and inspection

operations will occur on private property or approved location in a conffolled mea away from

spectators and persons not involved in the recording process. In addition, the operations will be

conducted between dawn and duskto ensure maximum safety for the public and those involved

in the manipulation and operation of the UAS; VFR conditions, at altitudes below 400' above

ground level ("AGL").

As set forth beloq Air I's operations provide an equivalent level of safety which is superior to

performing the same work using conventional fxed-wing aircraft or helicopters.

Small UAS recording operations is also safer than traditional manned aircraft performing the

same function. Videographer, photographers and inspectors also frequently need to climb roof

tops, tees, ladders or otherwise perform elevated worlq which exposes them to the risk of

dangerous falls, electrocution or other work related iqiwies. In addition, depending on the

nafure ofthe video needed and inspection, proximrty to equipmen! and other mechanical

hazards associated with industrial sites and consffuction facilities often involves a risk of

exposure to hazardous conditions. The use ofAlP-UAS mitigates these hazmds and is

ultimately amuch safer and cost efftcient method of performing these and most other types of

recording operations.
U.S Departrnent of Transportation

February 4,2016

Page 5

Moreover, conventional operations using rotorcraft and fixed-wing aircraft in low level

operations present risks associated with vehicles weighing tens ofthousands ofpounds

(including payload) and carrying large amounts of fuel which inherently presents significant fre

hazards as well as exposure to other chemical contaminates. It is important to note the use of

small UAS in this area will not only be safer and more cost effective to the perspective user or

purchaser ofthe service, but the qualrty and expanse of acquired information will be far more

robust given the low cost associated with its acquisition and other potential consumers an

inexpensive product.

UAS video production is more reliable, and allows for the collectioq dissemination, and storage

of visual and other sensory data with greater precision and duration at avery low cost. Small

UAS will also be capable of accessing and inspecting areas that would otherwise be inaccessible

or highly dangerous using conventional aircraft or other inspection methods.

NI. RELEVANTSTATUTOBYAUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) ofthe

FAA Modernnation and Reform Act of 2012 ('Reform Act"). Congress has directed the FAA

"to safely accelerate the integration of civil unmanned aircraft systems into the national airspace

system." Pursuant to Section 333 of the Reform Act, the FAAAdministator is to permit

unmanned aircraft systems to operate in the NationalAirspace Systems ('NAS') where it is safe

to do so based on the following considerations:

r The UAS's size, weight, speed and operational capability;

r Operation ofthe UAS in close proximity to airports and populated areas; and

o Operation ofthe UAS within the visual line of sight ofthe operator.

Additionally, the FAAAdminisfator has general authorityto grant exemptions from the agency's

safety regulations and minimum standards when the Administrator decides a requested

exemption is in the public interest. See 49 U.S.C. $ 106(f) (defining the authority ofthe

Administrator);49 U.S.C. $ 44701(0 (permitting exemptions from gg 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 awhole, and (2) would not adversely affect safety (or

how it would provide a level ofsafety at least equal to the existing rules). See 14 C.F.R. g ll.Sl

(petitions for exemption).

IV. AIR 1'S PROPOSEp AIP-IJAS OPERATTONS M4ET TIIE REOUIREN4ENTS OF

SECTTON 333 OFTTTE BEFORMACT

The small AIP-UAS operations proposed by Air I as noted above in this Petition for Exemption

qualiff for expedited approval pursuant to Section 333 ofthe ReformAct as each ofthe statutory

criteria and relevant factors are satisfied.

A. Approval is Warranted Based on the UAS's Sizer lVeighto Speed, and

Operational Capability

AGrant of Exemption is appropriate for operations conducted using the UASs due to their size

weight, speed, and operational capability.
U.S Department of TransPortation

February 4,2016

Page 6

o The AIP-UAS utilized by Air I has been approved for use in prior Section 333

Grants ofExemption fromthe FAA.2

o TheAIP-UAS weighs less than 55 pounds, including payload

o The AIP-UAS will not be flown at a ground speed in excess of 87 knots (100

mph). The exemption holder may use either groundspeed or calibrated airspeed to

determine compliance with the 50 knot speed restriction

o Altitude information will be generated by equipment onboard the UAS as

specified using GPS fiangulation, digitally encoded barometric altimeter, radio

altimeter, or any combination thereof. This information will be transmitted to the pilot

via telemetric data feed.

o The AIP-UAS will have system redundancies and independent functionality to

ensure the overall safety and predictability ofthe systern. If connection to the remote

control or ground confol station is lost, failsafe systems will permitthe UAS to

return to a predetermined location and safely land without injury or damage.

o The radio frequencies used for operations and confol of the AIP-UAS comply

with the Federal Communications Commission ("FCC') and other appropriate

government oversight agency requirements. The operating frequency for the AIPUAS is 2.4 and 5.8 GlIz frequency bands.

Ifthe same operations were conducted using a helicopter, the aircraft's take-offweight would

likely exceed 6,000 pounds depending on payload. The difference in weight between the AIPUAS and a helicopter significantly reduces the potential harm to the participating and nonparticipating individuals and/or surrounding property in the event of an unintended accident or

incident. In addition, the risk to the onboard pilot and camera operator is eliminated'

B. Approval is lVarranted Based on the Operational Restrictions Set Forth in

Air L's Operations Manuals

Operations Manuals and the Manufrcturer's Manual for the selected AIP-UAS will contain all

the procedures and limitations necessary to safely and successfully perform the operations

rpr"ifi"d in this Petition for Exemption. To assist the FAA in making a safety assessment ofAir

1-'s proposed operations, below is a summary of operational limitations and conditions thatAir 1

willadhere to, and which will ensure an equivalent or higher level of safety to operations

conducted under current regulatory guidelines:

1. The AIP-UAS weighs less than 55 pounds, with payload.

2 See e.g., Grant of Exemption to Shotover Camera Systems L.P. (Exemption No. 11159); Grant of Exemption to

VpOS bto6at, LLC (Exemption No. 11112); Grant of Exemption to LowCountryRC, Corp.(Exemption No. 11184);

Grant of Exemption to Alan Purwin (Exemption No. 11161); Grant of Exemption to HelinetAviation Services

(Exemption No. t ttOO); Grant of Exemption to Total Safety U.S., Inc. (Exemption No. 11156)..
[J.S Department of Transportation

February 4,2016

Page 7

2. All operations shall be conducted over private or controlled-access properly with

verifiable permission from the land owner/controller or authorized representative.

Permission from land owner/contoller or authorized representative will be obtained

for each scheduled flight prior to operation.

3. All UAS operated under the Grant of Exemption will be identified by serial number,

registered in accordance with 14 CFR part 47, and have identification (N-Number)

-arkings in accordance with 14 CFR part45, Subpart C. Markings will be as large as

practicable.

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot-in

Command ('PIC') oftheAIP-UAS, and one or more Visual Observers ("Observer")

as necessary to safely conduct the mission.

5. PICs shall possess either a private, recreational, or sport pilot certificate. 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 Columbia" Puerto Rico, a territory, a

possessior; or the Federal government. The PIC will also meet the flight review

iequirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on

his or her pilot certificate.

6. TheAlP-UAS shall be operated withinWOS ofthe PIC and Observer at all times.

The PIC must use human vision unaided by any device other than conective lenses,

as specified on the PIC's FAA-issued medical certificate.

7. The PIC and Observer designated for any operation will be able to communicate

verbally at all times.

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

g. The additional requirements identified in the Grant ofExemption shall be added to

the Air 1's Operatlons Manuals. The Operations Manuals will be maintained and

made available to the Administrator upon request. If a discrepancy exists between the

conditions and limitations in the Grant ofExemption and Air I's Operations Manuals,

the conditions and limitations in the Grant ofExemption shall take precedence and

must be followed. Otherwise, Air 1 shall follow the procedures outlined in their

Operations Manuals.

10. Air I may update or revise its Operations Manuals. Revisions will be tracked and a

revised copy ofthe Manual will be provided to the Administrator upon request. Air I

will also present an updated and revised Operations Manuals if it petitions for

extension or amendmint to its Grant of Exemption. If an update or revision would

affect the basis upon which the FAA grants the exemption" Air I will seek an

amendment to itJGrant of Exemption. Air I will contact the FAA's UAS Integration

Office (AFS-SO) if questions arise regarding updates or revisions to the operating

documents.
U.S Departrnent of Transportation

February 4,2016

Page 8

11. Air 1 Operations Manuals and its Grant ofExemption will be available to the PIC at

the ground control station anytime the AIP-UAS is operating.

I2.T\ePIC is prohibited from beginning aAIP-UAS flightunless (consideringwind and

forecast weather conditions) there is enough polver to fly to the first intended point of

landing, and assuming normal cruising speed, to fly after that for at least 10 minutes.

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

limited to 40 minutes or the amount oftime the UAS can be flown and still maintain a

resefve battery powef of no less tlnn25Yo, whichever occurs first.

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never

enter navigable controlled airspace without timely prior written authorization and

approval from the FAA. In the event the structure being inspected exceeds 400 feet

AGL, the UAS will not be operated more than 100 feet above the highest point on the

structure, and no more than 50 feet horizontally from the structure.

15. Flight operations must be conducted at least 500 feet from all nonparticipating

persons. (persons other than the PIC, VO, operator trainees or essential persons),

vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufiiciently protect nonparticipating

persons from the UAand/or debris in the event of an accident. The operator

must ensure that nonparticipating persons remain under such protection. If a

situation arises where nonparticipating persons leave such protection and me

within 500 feet ofthe UA, flight operations must cease immediately and/or;

b. The aircraft is operated nem vessels, vehicles or structures where the

owner/controller of such vessels, vehicles or strucfures has granted permission

and the PIC has made a safety assessment ofthe risk of operating closer to

those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, VO, operator trainees or essential p€rsons do not

present an undue hazadto those persons per $ 91.119(a).

16. TheAIP-UAS may not be operated less than 500 feet below or less than 2,000 feet

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

17. The AIP-UAS may not operate within 5 nm ofan arport reference point as denoted

on a current FAA-published aeronautical chart unless a letter of agreement with that

airport's management is obtained, and the operation is conducted in accordance with

a NOTAM as required by the Air 1 COA. The letter of agreement with the alrport

management will be made available to the Administrator upon request.

18. Prior to each fligtrt the PIC shall inspect the AIP-UAS to confirm that it is in a

condition safe for flight. The pre-flight inspectionwill account for all discrepanoies,

e.g. inoperable componentso items, or equipmen! not aheady covered in the rglgyant

seotions ofthe operating documents as well as equipment updates. The PIC shall not
U.S Department of TransPortation

February 4,2016

Page 9

operate any AIP-UAS ifthe inspection reveals a condition that affects the safe

operation of ttt" AIP-UAS until the necessaf,y maintenance has been performed and

the AIP-UAS is found to be in a condition for safe flight. The ground confol station

shall be included in the preflight inspection. All maintenance and alternations must be

properly documented in the UAS's records as required byAir I's Operations

Manuals.

19. Aif 1 will timely carry out its maintenance, inspections, and record keeping

requirements inaccordance with the Operations Manuals. Maintenance, inspection,

and alterations will be fully noted in the AIP-UAS records, including total time in

service, descripion ofwork accomplished, date completed and the signature ofthe

authorized person returning the AIP-UAS to service.

20. Any AIP-UAS that has undergone maintenance or alterations that affect the UAS

operation or flight characteristics (e.g., replacement of a flight critical component)

must timely undergo a functional test flight in accordance with Air I's Operations

Manuals. The PIC who conducts the functional test flight must make an enfy in the

UAS aircraft records ofthe fligtrt. The requirements and procedures for a functional

test flight and AIP-UAS record entry shall be included in the Air I's Operations

Manuals.

21. The AIP-UAS will be operated and maintained according to the Manufacturer's

Manuals and any required manufacturer Safety/Service Bulletins and product updates.

2}.Prior to the operatioq a Mission Packet will be created in accordance with the

requirements onAir 1's Operations Manuals.

23. Ay l will obtain anAir Traffic Organnation ("AIO") issued Certificate of Waiver or

Authorization, otherwise known as a COA, prior to conducting any operations under

this Grant ofExemption. ANOTAM will be issued as required by the COA. All

operations will be conducted in accordance with airspace requirements in the AIO

issued COA including class of airspace, altitude level and potential fansponder

requirements.

24. Allrequired permissions and permits will be obtained from territorial, state, county or

city jurisdictions, including local law enforcement, fire or other appropriate

governmental agencies.

25. Ifthe AIP-UAS loses communication with the PIC, it will have the capability to

safely return to a pre-determined location within the operational area and land safely.

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

communication between the PIC and the Observer.

2l.TheAlP-UAS will have the capability to safely abort flight in the case of unpredicted

obstacles or emergencies.
U.S Departrnent of Transportation

February 4,2016

Page 10

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

and current state driver's license issued within the United States

29. Prior to conducting operations for filming, the PIC will have accumulated and logged,

in amanner consistentwith 14 CFR $ 61.51(b), aminimum of200 flight cycles and

25 hours total time as a UAS rotorcraft pilot and at least l0 hours logged as a UAS

pilot with a similar AIP-UAS type platform. This requirement can be achieved by

flights conducted and logged as a hobbyist.

30. Prior to conducting operations for filming, the PIC will have accumulated and logged,

in a manner consistent with 14 CFR $ 61.510), a minimum of hours pursuant to 54

CFR $ 61.51(b) as UAS pilot operating the make and model ofAlP-UAS to be

utilized for operations under the exemption and three take-offs and three landing in

the preceding 90 days.

3 l. Operations shall occur during daytime VFR Meteorological Conditions; flights under

special visual flight rules ('SVFR') shall not be conducted.

32. The AIP-UAS shall remain clear and yield the right of way to all other manned

operations and activities at all times (including, but not limited to, ultralight vehicles,

parachute activities, parasailing activities, hang gliders, etc.).

33. AIP-UAS Operations under Instrument Flight Rules, at nigh! or beyond VLOS are

prohibited.

34. The UAS will not be operated from an elevated platform unless designed and

engineered specifically for such purposes and be in compliance with the general

reJtictions imposed by the applicable regulations. Additionally no PIC will provide

any film-flight operations while in motion from atop any elevated platform vehicle or

device.

35. Before conducting operations, the radio frequency spectrum used for operation and

control ofthe AIP-UAS will comply with the Federal Communications Commission

(FCC) or other appropriate government oversight agency requirements.

v. REGULATIONS rROM WHICIT pXEMPTTON IS REOUpSTED

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutory authorify, by its terms, includes exempting civil aircraft, as the term is defined under $

40101 oftheAct, including UASs, from its safety regulations and minimum standards when the

Administrator decides a requested exemption is in the public interest.3

Air I seeks an exemption from several interrelated provisions ofTitle 14 ofthe Code ofFederal

Regulations ('14 C.F.R") Parts 21,45,61 and 91 for purposes of conducting the requested

3 

+g U.S.C. $ 44701(D (authorizing the gxant of exemptions from requirernents of regulations prescribed pursuant to

Sections 44701(a) and (b) and Sections 44702 - 44716).
U.S Deparhnent of Transportration

February 4,2416

Page 11

operations using AIP-UAS platforms noted above. Listed below are: (1) the specific sections of

t+ C.f.n for wfiich exemption is sought, and (2) 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

UNMANNED AIRCRAF'T SYSTEM

A. 14 C.F.R. P^rtzl, Subpart H -Airworthiness certificates and 14 c.F.R.

$e1.203(aX1)

The FAAhas stated that no exemption is needed from this section if a finding 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 in point of fact

exceeded, and tierefore no exemption is needed. ' I[ howevero the FAAdetermines that there

are sorne characteristics of the chosen UAS that fail to meet the requirements of the Reform Act,

an exemption is requested.

Equivalcnt Level of Safety

Air l's use of the AIP-UAS is safe when taking into account its size, weighg speed, and

operational capability. As set forth in the description ofproposed operations in, Section IV(A),

tlleAIP-UAS weighi less than 55 pounds, including payload and will not be flown at a ground

speed in excess of 87 knots (100 mph). The AIP-UAS is also equipped with safety-features

which will allow Petitioner to operate the AIP-UAS safely after experiencrng certain in-flight

contingencies or failures as noted below.6 7 Additionally, the AIP-UAS carries neither pilots nor

4 14 C.F.R g 11.81(e), which requires a petition for exemption to include: The reasons why granting the exemption

would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that

provided by the rule from which you seek exemption.

5 See Grant of Exemption No. l 1062 to Astraeus Aerial (FAA-2014-03 52 at pgs. 13'14, 22) -

6 See e.g., Grant of Exemption No. 11184 to Low Country RC, Corp. (FAA-2014-0803 at pg. 3): "The [DJI 31000]

has the capability to operate safely after experiencing certain in-flight contingencies or failuresand_uses an autopilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of global positioning

ryrt"- (GPS) or a lost-link event witir a pre-coordinated, predictable, automated flight maneuver, and manual flight

clnUol iunctionality as a backup. These iafety features provide an equivalent level ofsafety compared to a manned

aircraft performing a similar operation."

7 See e.g, Grant of Exemption No. I1184 to VDOS Global, LLC. (FAA-2014'O382 at pgs. 4-5): "The AIP-UAS can

be operated entirely by a iouch-screen, map.based interface. This means the operator only needs to command the

ryrt". where to go, *a th" system does ail the flying for the operator. The AIP-UAS can be operated in both serni

*A ruty autonorious flight modes, with the operatoisimply clicking on a map to create a pre-planned flight path

for a flight. In addition, the operator can caeate no fly zones or maximum flight ranges and altitudgl so the system

cannot enter areas deemed unsafe or unnecessary to fly over. The petitioner states further that the UAS has built-in

intelligent fault handling which allows the AIP-UAS to detect a systern fault while in the air and automatically fly

back to its takeofflocation and land. Faults that can be detected include: loss of communication; exceeding pre-set

wind thresholds; and low battery levels.

All flight operations are global positioning systern (GPS) controlled, making the system ealy_lo ryyigate. At anf

point iithe operator is not expfAtty commanding the syst€m to move, the system automatically holds its GPS

position. ffre nignt control system employs not only GPS positioning but a variety of sensors including sonar,
U.S Departrnent of Transportation

February 4,2016

Page 12

passengers, carries no explosive materials or flammable liquid fuels, or other elements identified

by Homeland Security as being prohibitive and operate exclusively within the parameters stated

inAir I's Operations Manuals.

Operations conducted under this exCInption will be closely confiolled and monitored by the PIC

operator and will be conducted in compliance with local public safety requirements, to provide

security for the area of operation. Air I will also provide the FAAwith advance notice of all

operations viaNOTAMs as required by the applicable COA. In all cases, operation oftheAlPUAS under the proposed conditions will be at least as safe as, or safer tharL conventional

rotorcraft operating with an airworthiness certificate. Lastly, the AIP-UAS do not need a means

to communicate with other airraft orAfC, because those capabilities will be solely possessed by

the PIC and Observer, who are not onboard the AIP-UAS.8 In addition" no sense-and-avoid

technology is necessary for the AIP-UAS because they will be operated at all times in VFR

conditions and within VLOS of the PIC and Operator.e

B. 14 C.FR. PartZ7 Airworthiness Standards: Norural Category Rotorcraft

Title 14 C.F.R. Partz7 sets forth the procedural requirements for airworthiness certification of

normal category rotorcraft. To the extent that Air I's small AIP-UAS would otherwise require

certification under Partz7, Petitioner seeks an exemption from Part 27's airworthiness standards

for the same reasons identified in the request for exemption from 14 C.F.R. R. Part 21, Subpart

H, supra.

C. 14 CJ.R. SS 91.9(c),4523(b) and45.tl(a): Aircraft Marking and ldentification

Requircments

Air I seeks an exemption from the aircraft marking and identification requirements contained in

14 C.F.R. $$ 91.9(c), 4s.23(b)and45.27(a).

. 14 C.F.R. $ 91.9(c), Civil Aircraft Flight Manual, Marking and Placard

requirements, provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft

is identified in accordance with Part 45 ofthis chapter.

o 14 C.F.R. $ 45.23(b), Markings oftheAircraft, states:

When marks include only the Roman capital letter "N" and the regisfration

number is displayed on limited, reshicted or light-sport category aircraft

or experimental or provisionally certificated aircrafl the operator must

barometric pressure, temperature, wind speed and others to €nsure stability so long as wind thresholds are not

exceded. Also a flight termination link - to prcv€nt a'fly away' or other pote,ntially dangerous situation - is

available to the operator."

8 See Grant ofExemptionNo. 11062 toAsfaeusAerial (FAA-2014{352 atpg. 13).

e. Id
U.S Department of Transportation

February 4,2016

Page 13

also display on that aircraft near each enffance to the cabrn, cockpit or

pilot statio4 in letters not less than2 inches nor more than 6 inches high,

the words "limitedr " "festricted, " "light-sport, "experimental, " or

"provisional," as applicable.

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

Each operator of a rotorcraft must display on that rotorcraft horizontally

on both surfaces ofthe cabin, fuselage, boom, or tail the marks required by

$ 4s.23.

In a previous Grant of Exemption, the FAAdetermined that exemption from these requirements

was warranted provided that the aircraft 'have identification (N-Number) markings in

accordance with 14 C.F.R Part45, Subpart C ifthe markings are {N large as practicable."ro

Equivalcnt Level of Safety

All AIP-UAS flown by Air 1 will bear N-number markings that are as large as practicable in

accordance with 14 C.F.R. Part45, Subpart C.tt

D. 14 CJ'.R. $ 91.405(a),91.407(a)(1),91.409(a)(1) and Q);9L.afi(a) and (b):

Maintenance Inspections

Air 1 seeks an exemption from the maintenance inspection requirements contained in 14 C.F.R. $

91.405(a), 91.a07@) (1), 91.409(a)Q);9l.al7(a) and (b). These regulations speriff maintenance

and inspection standards in reference to 14 C.F.R. Paxt43. See, e.g.o 14 C.F.R. $ 91.a05(a)

(stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as

prescribed in subpart E ofthis part and shall between required inspections ...have discrepancies

repaired as prescribed in part 43 ofthis chapter'). An exemption.from these reguhtiow is needed

because Part 43 and these secti.ons only apply n aircraft with an airworthiness certificate, which

the UAS platforrns to be operated under this grant of exemption will rnt lwve. (Emphasis added)

Equivalcnt Level of Safety

An equivalent level of safety will be achieved or exceeded because maintenance and inspections

will be timely performed in accordance with the Manufrcturer's Manual and any required

manufacturer Safety or Service Bulletins. Further, as required by Air I's Operations Manuals, the

PIC will conduct a pre-flight inspection ofthe AIP-UAS and all associated equipment to account

for all discrepancies and/or inoperable components. Maintenance will be performed and verified

to address any conditions potentially affecting safe operation of the AIP-UAS and no flights will

occur unlesso and until, all flight critical components ofthe AIP-UAS have been found to be

airworthy and in a condition safe for operation. A functional test flight will be conducted

following the replacement of any flight-critical components. As required byAir I's Operations

to. FAA Docket No. FAA-2014-0352.

11. See, e.9., FAA Docket No. FAA-2014-03 52, at 14.
U.S Department of Transportation

February 4,2016

Page 14

Manuals, the PIC who conducts the functional test flight will make an enfry in the AIP-UAS

aircraft records ofthe flight.

Air 1's Operations Manual also includes requirements to follow the manufacturer's UAS

aircraff/component maintenance, overhaul, replacement, inspection, and life limit requirements

for the following applicable components: powertrain system (powerplant), propellers, avionics

and confrol surfaces (including ailerons/elevons)o structures & airframe, qilnera system,

electical systems (including batteries), ground control station" hazard accessories, and spare

parts. Further, Air 1's Operations Manuals also include procedures to document and maintain a

record ofthe A1P-UAS's maintenance, preventative maintenance, alterations, status of

replacement /overhaul component parts, and the total time in service ofthe AIP-UAS used under

this Grant of Exemption. As a whole, the maintenance and inspection procedures required in Air

1's Operations Manuals ensure that an equivalent or higher level of safety will be achieved.

PILOT.IN.COMMAND OF TIM UAS

E. 14 C.FR. $ 61.113: Private Pilot Privileges and Limitations

Air I seeks exemption from 14 CFR $ 61.113, which restricts private pilot certificate holders

from flying aircraft for compensation or hire, and would also rcquire a second class medical

oertificate. The purpose of Part 61 is to ensure 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 private

pilot is carrying passengers or cargo for hire. In this case, while the AIP-UAS will be operated as

part ofa commercial operation, they carry neither passengers nor cargo. In the Grant of

Exemption to Astraeus Aerial, the FAA determined that the unique characteristics of UAS

operation outside of controlled airspace did not warrant the additional cost and resfiictions

attendant with requiring the PIC to have a Commercial Pilot Certificate and Class III Medical

Certificate.t2 The fulfillment ofthe additional requirements for a private pilot to become

qualified as a commercial pilot would not lead to any additional safety benefits when UAS

operations are involved.

Equivalcnt Leve I of S o.fety

The restrictions Air I has placed on its AIP-UAS operations meet or exceed the restrictions

similarly imposed on Asfraeus Aerial. Air 1 will operate on private property or approved location

away from persons and property not involved in the operation. Air I will also obtain anAIO

issued COAprior to conducting any operations under this Grant ofExemption. All operations

will be conducted in accordance with airspace requirements in the AIO issued COA including

class of airspace, altitude level and potential transponder requirements. ANOTAM will also be

issued as required by the applicable COA.

In addition to these flight restrictions, Air I will further ensure safe operation by requiring that

any PIC be thoroughly versed not only in airspace and communication issues pertaining to all

aircraft operators but also in the unique aspects ofAlP-UAS flight. As set forth in the

Operations Manuals, pilots will have experience not only in AIP-UAS operations generally but

t2 Exernption No. 11062 (FAA Docket No. FAA-2014-0352).
U.S Deparknent of Transportation

February 4,2016

Page l5

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 ofAir 1. The pilot qualification, taining,

and currency requirements in the Operations Manuals ensure that Air I pilots are competent and

proficient in the AIP-UAS they are operating. Air I's training and qualification requirements are

consistent with those contained in prior FAA Section 333 Grants of Exemption, and will provide

a higher level of competency and proficiency for its pilots and will ensure at least an equivalent

level of safety to the public.

OPERATING PARAMETERS OF TIIE UAS

F. 14 CJ.R. $ 91.7(a): CivilAincraftAirworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, Air 1 seeks an

exemption from 14 C.F.R. $ 91.7(a), which requires that a civil areruftbe in airworthy condition

to be operated. The FAA has stated that no exemption is required for 14 C.F.R. $ 91.7(a) to the

extent that the requirements ofPart 2l are waived or found inapplicable.l3 Accordingly,

Petitioner requests that the requirements for $ 91.7(a) be teated in accordance with

Section V (A), supra.

G. 14 CJR. S 91.9(bX2): CivilAircraft Flight Manual in the Aircraft and 14 C"F.R.

$ 91203(a) and (b): Carrying CivilAircraft Certification and Registration

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

documents and other aircraft manuals onboard the aircraft. Pursuantto 14 C.F.R. $ 91.9(b) (2):

O) No person may operate a U.S.-registered civil aircraft -

(2) For which anAirplane or Rotorcraft Flight Manual is required by $ 21.5 ofthis

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

Pursuantto 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 certificate required by

paragraph (a) ofthis section or a special flight authoruation issued under $ 91.715 is

displayed at the cabin or cockpit enfance so that it is legible to passengers or crew.

Given the small size and configuration ofthe AIP-UAS, it would be impossible to keep

airworthiness documents and other aircraft manuals on board the AIP-UAS because there is

13 See Id. at !3-14,22.
U.S Deparfrnent of Transportation

February 4,2016

Page 16

simply no room and the AIP-UAS has no cabin or cockpit. As a way to comply with the code

Air I will maintain the documents with the PIC and make them available for inspection.

Eqaiv ahnt Lev e I of S qfety

In an FAA Offrce of Chief Counsel's Opinion dated Augu st 8, 2014, and prepared by Dean E.

Griffittt, Attorney, AGC-220, itwas acknowledgedthatthe intent of 14 C.F.R. 91.9(b) and

91.203(a) and (b) is met ifthe pilot ofthe unmanned aircraft has access to the UAS flight

manual registration certificate, and other required documents from the ground control station

from which he or she is operating the aircraft.la As this FAA Office ofChief Counsel Opinion

clarifies, the intent ofthe rule is to ensure the pilot has access to these key documents during

flight. Thereforg an equivalent level of safety will be achieved by ensuring that the pilot has

access to the documents at the ground confiol station from which he or she is piloting the UAS.

H. 14 C.FR. $ 91.103: PreflightAction

Air I seeks an exemption fiom 14 C.F.R. $ 91.103, which requires a PIC to become familiar with

specific information before each flighg 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 the fligh! an exemption is requested to the extent that an FAAapproved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Air I's Operations Manuals and

the Manufacturer's Manual. The PIC will perform a series of checklists designed to identifr any

defects or inoperable components in accordance with the Air I's Operations Manuals, including

checklists covering Pre-Flight Launch, Landing, and Post-Flight procedures. The PIC will also

be required to review weather, flight requirements, battery charge, landing and takeoffdistance,

UAperformance dat4 and contingency landing areas-before initiation of flight. Air I's

Operations Manuals and the Manufacturer's Manual will be kept at the ground conffol station

and will be accessible to the PIC at all times while operating the UAS.

I. 14 C.FR. $ 91.1$(a): Flight Instruction

Air I seeks an exemption from 14 C.F.R. $ 91.109(a), which provides in pertinent part 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 desigrL do not have functional dual contols. Instead, flight control is

accomplished through the use of a device that communicates with the aircraft via radio

communications. Accordingly, an exemption will be required for the flight instruction

requirements of 14 C.F.R. g 91.109(a).

1a Memorandum from Mark Bury, FAAAssistant Chief Counsel for Intemational Law, Legislation and Regulation,

to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA-2014-0352 at 16-18.
U.S Departrnent of Transportation

February 4,2016

PagelT

Equivalcnt Level of Safety

Given the size and speed of the UASs that Air I intends to use, an equiv4lent level of safe

training can still be performed without dual controls because no pilot or passengers are aboard

the UAS, and as required by the Air l's Operations Manuals, all persons will be a safe distance

away in the event that the UAS experiences any difficulties during flight insnuction. Moreover,

as required by the Air I's Operations Manuals, all flight training will be conducted in conffolled

and sterile environment. As awhole, the safety procedures provided for inAir l's Operations

Manuals ensure that the proposed UAS operations provide an equivalent or higher level of safety

than that provided by the flight instruction regulations.

J. 14 C.F.R. S 91.119(c): Minimum SafeAltitudes

Air I requests an exemption from the minimum safe altitude requirements of 14 C.F.R. $

91.119(c).15 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not

operate, including 500 feet above the surface and away from any person, vesset 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 thanthose minimum altifudes when it can be operated "without

lnzafito persons or property on the surfaceo" provided that "each person operating the helicopter

complies with any routes or ahitudes specifically prescribed for helicopters by the FAA.U

An exemption is required because the proposed AIP-UAS operation will normally need to occur

below 400 feet AGL. In circumstances where the AIP-UAS is used to inspect a stucture whose

height exceeds 400 feet AGL, the AIP-UAS will not be operated more than 100 feet above the

highest point on the structure, and within 50 feet horizontally ofthe structure. Additionally, due

the nature ofthe proposed operations, the Pilot and/or Observers(s) may need to be less than 500

feet away from the AIP-UAS.

Equiv alcnt Lev e I of S afety

Compared to flight operations with rotorcraft weighing far more than the marimum weights

proposed herern" and given the lack of flammable fuel with the above noted UASs, any risk

associated with these operations is far less than those which presently exist with conventional

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

AIP-UAS, as well as the controlled location where the operations will occur. In order to avoid

any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or

when inspectrng a U.S. stucture whose height exceeds 400 feet AGL, within 100 feet above the

highest point on that structure and 50 feet horizontally ofthe structure.

As set forth in the Operations Manuals, the AIP-UAS will be operated in a restricted are4 and

all flights will be operated at alateral distance of at least 500 feet from any nonparticipating

persons, unless that person is in a position where he or she is shielded from the AIP-UAS and

15 Relief from $ 9 I . I I 9(a) will not be necessary because Petitioner will be able to perform an €xnelg€,ncy landing

without undue hazard to penons or property on the ground in the event of a failure. Petitioner's proposed UAS

operations will not occur over congested areas, and therefore an exemption from $ 91.119(b) will not be necessary.

See e.g., Grant of Exunption No. 11157 to Slugwear, Inc., dba Like on a tree Aerial (FAA-2014-0534 at 15).
U.S Departrnent of Transportation

February 4,2016

Page 18

any possible debris resulting from its failure. As required bythe Operations Manuals, flights will

be terminated ifa nonparticipating person within 500 feet ofthe AIP-UAS leaves a shielded

position. Further, its operations will occur at least 500 feet away from vehicles or structures

unless the properly owner/controller timely has granted permission and the PIC has made a

safety assessment ofthe risk ofoperating closer to those objects and, operations nearthe PIC or

Observer will not present an undue hazardper $ 91.119(a). Adherence to these reshictions in Air

I's Operations Manuals will ensure operations can be conducted without compromising public

safety.16

K. 14 C.FR. $ 91.121: AltimeterSeffings

Air I 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

ofthe departure arport or baromefic pressure. An exemption is required to the extent that the

UASs do not have a barometric altimeter, but rather a GPS altitude read out.

Equivalcnt Level of Safety

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. $91.121

can be achieved in circumstances where: (1) the UASs will be operated below 400 feetAGL or

belowrT, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the

operator at a ground-based on-screen display and, (4) where prior to each fligh! azero altitude

initiation point is established for the PIC to confirm accuracy ofthe onboard GPS.t8

The AIP-UAS that Air I intends to use for the proposed operations will meet all these

operational characteristics. Moreover, as required byAir I's Operations Manuals, the PIC will be

required to calibrate the aircraffs GPS compass prior to each flight operation. Like prior FAA

Section 333 Grants of Exemption, the AIP-UAS Air I intends to use, and the safety mitigation

procedures contained in the Operations Manuals, both ensure that an equivalent level of safety or

greater level will be achieved, and a Grant of Exemption to the requirements of $ 191.121 is

therefore appropriate.

16 See e.g., Grant of Exemption No. I I 138 to Douglas Trudeau (FAA-2014-0481 at l9): "If barriers or structurcs are

present that can sufficiently protect nonparticipating persons from the UA or debris in the event of an accide,nt, th€n

the UA may operate closer than 500 feet to persons afforded such protection. The operator must also ensure that

nonparticipating persons remain under such protection. Ifa situation arises where nonparticipating persons leave

such protection and are within 500 feet of the UA, flight operations must cease immediately. When considering how

to immediately cease operations, the primary concern is the safety ofthose nonparticipating persons. In addition, the

FAA finds that operations may be conducted closer t}ran 500 feet to vessels, vehicle and structures when the

owner/confoller of any such vessels, vehicles or stnxctures grants permission for the operation and the PIC makes a

safety assessment ofthe risk ofoperating closer to those objects and determines that it does not present an undue

hazard."

t7 Ifthe height of the structure being inspected er<ceeds 400 feet AGL, the UAS will not be operated more than 100

fest above the highest point on the structure.

18 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-20144352 at2l).
U. S Deparfinent of Transportation

February 4,2016

Page 19

L. 14 CJ'R. $ 91.151(a): Fuel Requirements for Flight in VFR Conditions

Air 1 requests an exemption from 14 C.F.R. $ 91.15l(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 (considering

wind and forecast weather conditions) there is enough fuel to fly to the flrst 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 banery power means that no meaningful flight

operations can be conducted while still maintaining a 3O-minute battery reserve. An exemption

from the fuel requirements of 14 C.F.R. g 9 I . 1 5 I (a) is therefore required. Moreover, it is not Air

I's intention to fly the AIP-UAS at night.

Equivalcnt Level of Safety

In the Grant of Exemption to VDOS @xemption No. l l l l2), the FAA determined that an

equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved

by prohibiting the PIC from beginning aA1P-UAS flight unless (considering wind and forecast

weather conditions) there was enough power to fly to the first intended point of landing and,

assuming normal cruising speed, to fly after that for at least 10 minutes. In reaching this

conclusion, the FAA considered that the UAS batteries for the AIP-UAS provide approximately

50 minutes of powered flight (with payload) and provided battery level and battery time

remaining in minutes and seconds to the PIC.le The FAA also considered the fact the AIP-UAS

operating manual states: oostart every flight with a fully charged battery in the aerial vehicle", and

that in the event that the AIP-UAS should run low on po\ryer, the PIC will be alerted and can

safely land the- AIP-UAS as soon as possible. Like the VDOS Grant of Exemption, Air 1's use

ofthe AIP-UAS, combined with the requirements of Petitioner's Operations Manuals, ensure

that an equivalent level ofsafety can be achieved and in fact exceeded.

Similarly, in the Grant of Exemption to Alan Purwin @xemption No. 11161), the FAA

determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions

could be achieved by prohibiting the PIC from beginning a flight with the UAunless

(considering wind and forecast weather conditions), there was enough power to safely fly at

normal cruising speed to the intended landing point and land the UAwith ZSo/obattery power

remaining. Air 1 will adhere to this limitation for its AIP-UAS flights.

The AIP-UAS includes a low battery warning system and the amount of battery reserve polver

remaining is continuously fansmitted to the PIC via telemetric data feed, which downlinks from

theAlP-UAS to a ground-based-on-screen display.20 As required byAir l's Operations Manuals,

le. Grant of Exemption No. I I 112 to VDOS Global, LLC (FAA-2014-0382 at l0).

20. The AIP-UAS ground control station displays, the UASs position, navigation route, tail number, altitudg

heading, north seeking arrow, range to targets, calculated target position, date/timg and sensor heading and

orientation relative to the UAS
U.S Department of Transportation

February 4,2016

Page20

the PIC will promptly fly the AIP-UAS back to the home launch location or pre-determined

abort location where it may safely land, while still maintaining a minimum of 25Yo reserve

battery polver. Air 1 submits that the procedures requiring flights to be safely terminated once the

batteries fall below 25o/o capacity, combined with the requirement that flights only be conducted

within a secure, isolated area" using a UAS weighing less than 55 pounds, and within VLOS of

the PIC and Observer(s), ensure that the proposed operation will provide an equivalent or higher

level of safety to the public to that provided by the regulations from which exemption is sought.

vI. DRUGANDALCOHOTTPROGRAM

Air I will have policies in place to ensure that no person may participate in AIP-UAS flight

operations if they are under the influence of alcohol or any drug.

VII. PUBLIC INTEREST

The public interest will be served by granting Air 1's Petition for Exemption. Congress has

established a national policy that favors early integration of UAS into the NAS in conholled, 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) ofthe Reform

Act-the FAAAdministrator's assessment ofwhether certain UAS may operate safely in the

NAS before completion ofthe statutorily required rulemaking.

The proposedAIP-UAS operations in this Petition for Exemption significantly improves the

safety and reduces risk of harm, physical injury and property damage to the public at large, the

property owners from whom permission was granted for use by Petitioner and abutting

properties, staffof Petitioner, unsuspecting passersby, inspecting engineers from relevant

organizations and all those who may be in the local vicinity. Traditional methods of providing

surveillance and mapping services location personnel to climb towers, trees, venfure onto

precarious roofs and other dangerous scenarios, perform elevated work for which the individual

is neither frained nor equipped to perform, which exposes them to unnecessary risk of serious

physical injury from dangerous falls or other physical mishaps. Moreover, inspectors/surveyors

are often unnecessarily exposed to hazardous conditions, unsafe environments, culturally tense

situations and other hazards associated with identifuing specific locations for potential recording

sites to be used in the end product. The use of small UAS can eliminate these hazards and

ultimately create a much safer method of performing these types of inspections creating a safer

environment for the public as well as Air 1 employees.

The use of small UAS also enhances safety and reduces risk to the surrounding public because,

unlike manned aircraft weighing thousands ofpounds, carrying crew in addition to flammable

fuel, the UAS carry no passengers, crew or explosive fuel. Furthermore, in the unlikely event of

an accident Air I's small battery powered AIP-UAS presents significantly less danger to

persons on the ground when compared to operations by conventional manned aircraft.2l As

Petitioner's AIP-UAS are battery poweredo the public will also benefit from a reduction in

21 See Cnant of Exemption No. 1l 158 to Team 5, LLC (fAA-2014-0783 at l2):'Manned helicopters conducting

aoial filming can weigh 6,000 pounds or more and me operated by an onboard pilot, in addition to other onboard

crewmernbers, as necessary. The petitioner's UAs will weigh less than 55 pounds with no onboard pilot or crew.

The pilot and crew will be remotely located fiom the aircraft. The limited weight significanfly reduces the potential

for harm to participating and nonparticipating individuals or property in the event ofan incident or accident. Risk to
U.S Departnent of Transportation

February 4,2016

Page 2l

harmful petoleum based emissions associated with conventional aircraft performing in the same

functions proposed herein. Air quality will naturally be improved with the reduction of fuel

powered vehicles.

Lastly, as recognized by the FAA in prior Section 333 Grants ofExemption to filmmakers, UAS

provide an additional economic tool for the aerial filming notwithstanding the industy, adding a

greater degree of flexibility, which supplements the current capabilities offered by manned

akcraft.22 The quality ofthe finished product is enhanced and provides a greater finished product

demand which will aid the current UAS industry and provide additional jobs as the cost of

providing the needed product is greatly reduced while reducing the difficulty with which the

finished product is created. The demand for the curent industrial product is increasing and will

continue to increase given the enhanced flexibility of production; therefore, given the lower costo

owner/operators and others in the relevant industry will be more inclined to utilize the services of

commercial UAS along with an appropriate licensed PIC's.

VilI. PRIVACY

AllAIP-UAS operations will be conducted in accordance with applicable federal, state, and

local laws regarding privacy. All operations shall be conducted over private or conffolled-access

property with permission from the land owner/controller or authorized representative. Permission

from land owner/controller or authorized representative will be obtained for each flight to be

conducted.

Ix. FEDERAL REGISTER SPMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

FEDERALREGISTE& should it be determined that publication is needed: Petitioner seeks an

exemption from the following rules in Title 14 ofthe Code ofFederal Regulations:

Partzl, SubpartH; Part 27;45.23@);45.27(a);61.113; 91.7(a);91.9(bX2);91.9(c);

91.103;91.109(a);91.119(c);9t.t2t;91.151(a);91.203 (a) & (b);91.405(a);91.a07(a)(1);

el.a0e(a)(1) & (2);et.4t7 (a) & (b).

The exemption will enhance safety by reducing risk to the aircraft crew, production crew, general

public, property owners and city structures from the substantial hazards associated with

performing equivalent film work and aerial video production with conventional fixed-wing

aircraft, rotorcraff or other methods.

X. CONCLUSION

Air I's Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act

of 2012 which includes weight; speed; operating capabilities; proximity to airports and populated

an onboard pilot and crew during an incident or accident is eliminated with the use of a UA for the aerial filming

operation."

2 See e.g., Grant ofExemption No. 11178 to Picture Factory, Inc. (FAA-2014-0794 at l8).
U.S Deparbnent of Transportation

February 4,2016

Page22

areas; operation within VLOS and national security. The proposed AIP-UAS operations will

benefit the public as awhole by improving safety and reducing riskby alleviating human

exposure to danger while lowering the attendant related costs thereby increasing the demand for

the finished product. In consideration of the foregoing, this Petition for Exemption provides the

FAAwith more than adequate justification for granting the requested exemptiolls allowing Air I

to use smallAIP-UAS in the recorded production of its product.

We thank you for your prompt consideration of our requested exemptions.

LJ

Joshua W. Pardee

Air I Photography

7354Tarrhuro Trail

San Antonio,TX78266

Phone: 501.772.2409

Email: j osh.pardee@hotmail.com

(The following attached items contain proprietary and commercial information exempt from

disclosure under the Freedom of InformationAct 5 U.S.C. S 522 et seq., and should be held in a

separate file pursuant to 14 C.F.R. $ 11.35(b).

Attachments:

1. General Operations Manual

2.PIC Operating Manual

3. CompanyProtocols

4. Location Protocols

5. Flight Communications Protocols

6. Departing Location hotocols

7. Tiansmitter Protocols

8. Preflight Checklist

9. Post Flight Checklist

I 0. Equipment Checklist

11. UAS Manufacturer's Manuals

a. User Manuals

b. UAS Maintenance Manuals

PETITIONER REQUESTS THAT GOOD CAUSE EXISTS TO EXEMPT ANY PART OF

TIIIS PETITION TR.OM BEING PUBLISIIED IN THE TEDERAL REGISTER PT'BLIC

FORUM BECAUSE Tr# REQUESTED EXEMPTTON WOULD NOT SETA

PRECEDENT, AI\D ANY DELAY IN ACTING ON TIIIS PETITION WOTJLD BE

DETRIMEI{TAL TO THE PETITIONER.

pectfully Submitted,