September 2 , 2015

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

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (herein referred to as FMRA) and 14 CFR Part 11, Optum Computing Solutions, Inc. (doing business as Optum Unmanned Aircraft Systems and herein referred to as “Optum UAS”) hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation of Unmanned Aircraft Systems (UAS) for the acquisition of aerial data, so long as such operations are conducted within and under

the conditions outlined herein or as may be established by the FAA.

As detailed in this document and the attached Appendix A, “Previously Approved UAS,” the requested exemption would permit the operation of UAS platforms previously approved by the FAA for commercial operations in the United States. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) Reform Act.

Contact Information:

Optum Computing Solutions, Inc.

Steven E. Davis

President

12001 Coldstream Drive

Potomac, MD 20854

Tel: 301-943-7500 Email: sdavis.optum@gmail.com

List of Specific Regulations from 14 CFR which the Exemption is R equested:

• 14 CFR 21, Subpart H – Airworthiness Certificates

• 14 CFR 45.23 (b) – Display of marks; general

• 14 CFR 61.113 (a) & (b) – Private pilot privileges and limitations: Pilot in command

• 14 CFR 91.7 (a) – Civil aircraft airworthiness

• 14 CFR 91.9(b)(2) -Civil aircraft flight manual, marking, and placard requirements.

• 14 CFR 91.103 (b) (2) - Preflight action

Page of 1 17 FAA 333 Exemption - Optum UAS• 14 CFR 91.105 - Flight crew members at stations

• 14 CFR 91.109 - Flight instruction; Simulated instrument flight and certain flight

tests

• 14 CFR 91.119 (c) - Minimum safe altitudes: General

• 14 CFR 91.121 - Altimeter settings

• 14 CFR 91.151 - Fuel requirements for flights in VFR conditions

• 14 CFR 91.203(a) & (b): Civil aircraft: Certifications required

• 14 CFR 91.405 (a) - Maintenance required

• 14 CFR 91.407 (a) (1) - Operation after maintenance, preventive maintenance,

rebuilding, or alteration

• 14 CFR 91.409 (a) (2) - Inspections

• 14 CFR 91.417 (a) and (b) - Maintenance records

AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including UAS, from the requirement that all civil aircraft must have a current

airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections §44702-44716 of this title if the Administrator finds the exemption in the public interest. 49 USC §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR 91.203(a)(1).

Section 333(b) of the Reform Act assists the Secretary in determining whether UAS may operate in the national airspace system without creating a hazard to the user, the public, or a threat to national security. In making this determination, the Secretary must

consider:



## • The UAS’ size, weight, speed and operational capability;



## • Whether the UAS operates within the visual line of sight of the operator;



## • Whether the UAS operates outside of highly populated areas and away from close proximity to airports.

Reform Act 333(a). If the Secretary determines that a UAS “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. 333(c).

OPTUM UAS BACKGROUND

With safety being our primary goal, Optum UAS provides services utilizing UAS to deliver cost-effective aerial images and data to clients. Optum UAS was created specifically to help clients avoid the capital costs and operations overhead of building their own UAS programs and to purchase UAS services in a way which better fits their needs and budgets. Optum UAS believes in a risk-based and technology agnostic approach to operations in the National Airspace System (NAS). Approval for any

Page of 2 17 FAA 333 Exemption - Optum UASoperation should be based on an analysis of the specific risks associated with the fully integrated solution, rather than the individual components.

Optum UAS is led by Mr. Steven E. Davis who has a Master’s Degree in Electrical Engineering from the Johns Hopkins Whiting School of Engineering. Mr. Davis currently holds a Private Pilot Certificate (since 1992) and has logged over 300 hours of flight time as Pilot in Command in single engine aircraft. He has been an aircraft owner and has scratch built and flown radio controlled models for many years. Flying and maintaining UAS’ has been a natural progression of his knowledge and skill-set.

UAS AND OPERATIONAL DESCRIPTION

Optum UAS seeks to commercially operate a variety of UAS weighing less than 55 pounds including payload in the United States for the purpose of aerial imaging (photography and video), inspections, data collection, and UAS flight training. Appendix A, attached to this exemption petition, lists the aircraft that Optum UAS contemplates operating. In prior, similar exemptions, the Secretary has approved every UAS platform included in the Appendix A

.

As the operator of these aircraft, Optum UAS is committed to the following conditions and limitations on its operations. Optum UAS understands that failure to comply will be grounds for the immediate suspension or rescission any exemption granted.

1. Operations are limited to the UAS listed in the Appendix A when weighing less than 55 pounds including payload.

2. Operations for the purpose of closed-set motion picture and television filming are not contemplated.

3. The aircraft will not be operated at a speed exceeding 87 knots (100 miles per hour). In no case will the aircraft be operated at airspeeds greater than the maximum aircraft operating airspeed recommended by the aircraft manufacturer.

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

5. The aircraft will be operated within visual line of sight (VLOS) of the Pilot in Command (PIC) at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the

PIC’s U.S. driver’s license.

6. All operations will utilize a visual observer (VO). The aircraft will be operated within the visual line of sight (VLOS) of the PIC and VO at all times.

7. All operating documents needed to operate the UAS and will be accessible during UAS operations and made available to the Administrator upon request.

Page of 3 17 FAA 333 Exemption - Optum UASThe operator will also present updated and revised documents if it petitions for

extension or amendment.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics (e.g., replacement of a flight critical component) will undergo a functional test flight prior to conducting further operations.

9. Optum UAS is responsible for maintaining and inspecting the UAS to ensure that

it is in a condition for safe operation.

10. Prior to each flight, the PIC will conduct a pre-flight inspection and determine the UAS is in a condition for safe flight.

11. Optum UAS will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft

components.

12. Each UAS operated under this exemption will comply with all manufacturer safety bulletins.

13. The PIC will hold a UAS flight training certificate, in some cases training directly from the aircraft manufacturer, and a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal

government.

14. Optum UAS will not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated to acquire aerial data, including evasive and emergency maneuvers, and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualification flight hours and currency will be logged in a manner consistent with 14 CFR § 61.51(b). Optum UAS will operate flights for the purposes of training Optum UAS PICs and VOs (training, proficiency, and experience-building) and determining the PIC’s ability to safely operate the UAS.

15. UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will be conducted under visual meteorological conditions (VMC).

16. The aircraft will not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA-published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA.

17. The aircraft will 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.

Page of 4 17 FAA 333 Exemption - Optum UAS18. If the UAS loses communications or loses its GPS signal, the aircraft will return to a pre-determined location.

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

20. The PIC will be prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough available power or fuel for the aircraft to conduct the intended operation and to operate after that for at least five minutes or with the reserve power or fuel recommended by the manufacturer if greater.

21. All operations shall be conducted in accordance with an ATO-issued COA if the blanket COA does not cover the intended operation.

22. All aircraft operated will be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

23. Documents used by Optum UAS to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating.

24. The aircraft will remain clear and give way to all manned aviation operations and

activities at all times.

25. The UAS may be operated by the PIC from a moving device or vehicle; however, specific requests will be made via subsequent COA.

26. All flight operations will be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the aircraft or debris in the event of an accident; or

b. The owner/controller/operator of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made an assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

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

28. All operations conducted over private or controlled-access property will be conducted with the permission from the property owner/controller or authorized

Page of 5 17 FAA 333 Exemption - Optum UASrepresentative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

29. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office (AFS

− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness Certificates

Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203(a)(1). Given the size and limited operating area associated with the aircraft to be utilized by Optum UAS, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 USC §44701(f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed, will be at least as safe, or safer, than a conventional aircraft operating with an airworthiness certificate without the restrictions and conditions proposed.

14 CFR 45.23(b): Display of marks; general

This regulation requires that certain experimental, provisionally certified aircraft, or lightsport category aircraft to be marked with letters between 2 inches and 6 inches high “limited”, “restricted,” “light-sport,” “experimental,” or “provisional,” near each entrance to a cabin, cockpit or pilot station. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UAS, 2 inch lettering may or may not be impossible. Optum UAS will mark the UAS as practicable.

14 CFR 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Because

the UAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the pilot operating the aircraft to have completed a UAS flight-training course. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled. The area of operation is controlled and restricted, and all flights are planned and coordinated in advance. The risks associated with the operation of the UAS are so diminished from the

Page of 6 17 FAA 333 Exemption - Optum UASlevel of risk associated with commercial operations contemplated by Part 61 when drafted, that allowing operations of the UAS as requested exceeds the present level of safety achieved by 14 CFR 61.113(a) and (b).

14 CFR 91.7(a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft Optum UAS contemplates operating, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the operational restrictions put on the aircraft, an equivalent level of safety will be provided.

14 CFR 91.9(b)(2): Civil aircraft flight manual, marking and placard requirements

The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the Operating Manuals at the ground control point where the pilot flying the UAS will have immediate access to it.

14 CFR 91.103 (b): Preflight action

This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption is needed from this requirement, as the pilot will take separate preflight actions, including checking for weather conditions, checking flight battery or fuel requirements, checking takeoff and landing distances, and all other actions in the Operating Manual and safety checklists. These actions will provide an equivalent level of safety.

14 CFR 91.105: Flight crew members at stations

This regulation requires certain actions by onboard crew members. Since all UAS are unmanned by definition, an exemption from this rule is requested.

14 CFR 91.109: Flight instruction; Simulated instrument flight and certain flight tests

Section 91.109 provides that no 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. By design, UAS do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the UAS via radio signals from the controller and by the size and speed of the aircraft.

Page of 7 17 FAA 333 Exemption - Optum UAS14 CFR 91.119 (c): Minimum safe altitudes : General

Section 91.119 establishes safe altitudes for operation of civil aircraft. The UAS will never operate at altitude higher than 400 AGL and all operations will occur during daylight hours under Visual Meteorological Conditions (VMC) only. The equivalent level of safety will be achieved given the size, weight and speed of the UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner. Because advance notice to the property owner and any onsite personnel, as well as the precautions outlined below, all affected individuals will be aware of the planned flight operations.

Flight operations will be conducted at least 500 feet from all non-participating persons (persons other than the pilot in command (PIC) or visual observer (VO)), vessels, vehicles and structures, unless operations do not present an undue hazard. The UAS will remain within visual line of sight of the PIC or VO. Flight operations will be conducted at least 5 miles from an airport. The PIC or VO will provide notification to the local Flight Standards District Office and airport controller of all operations within 5 miles of an airport. The FAA will have advance notice of all operations through the filing of

notices-to-airmen.

Compared to flight operations with aircraft or rotorcraft weighing far more than the UAS proposed herein, any risk associated with our operations is far less than those presently presented with helicopters and other conventional aircraft operating at or below 500 feet AGL. In addition, the low-altitude operations of the UAS will ensure separation between these UAS operations and the operations of conventional aircraft that must comply with

Section 91.119.

14 CFR 91.121: Altimeter s ettings

This regulation requires each person operating the aircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the PIC confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR 91.151(a): Fuel requirements for flight in VFR conditions

Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. Relief from this section is requested to the extent required to allow flights of a variety of UAS during daylight hours in visual flight rules (VFR) conditions to begin only if there is enough battery power to safely land with a 25% reserve power. Typical, flight operations will begin with fully charged batteries. The PIC will be required terminate the flight with a safe landing and at least a 25% energy reserve.

Page of 8 17 FAA 333 Exemption - Optum UASFurthermore, the FAA has stated that an equivalent level of safety is provided if the UAS flight is terminated with at least 25% reserve battery power still available. See Grant of Exemption to Astraeus Aerial, Docket No. FAA-2014-0352.

14 CFR 91.203(a) & (b): Civil aircraft: Certifications required

The UAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. Therefore, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS.

14 CFR 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance , Preventive Maintenance, and Alterations

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Optum UAS. Maintenance will be accomplished pursuant to the manufacturers User Guide or Operating Manual. An equivalent level of safety will be achieved because these UASs are limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If mechanical issues arise, the UAS can land immediately and will be operating from no higher than 400 feet AGL. The PIC will ensure that the UAS is in working order prior to initiating flight, perform required maintenance and keep a log of any maintenance performed. Moreover, the PIC is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

PUBLIC INTEREST

Approval of exemptions allowing commercial operations of UASs for aerial acquisition of data enhances safety while reducing risk and saving energy. Manned aircraft in certain application such as pipeline monitoring create a greater risk because the aircraft are much larger and carry an onboard human pilot. In contrast, a UAS weighing 55 pounds or less will carry no passengers or crew and, therefore, will not expose them to the risks associated with manned aircraft flights. In addition, a erial data will allow commercial entities to make decisions about how to best deploy ground resources and ensure the safety and cost-effectiveness of their operations.

Page of 9 17 FAA 333 Exemption - Optum UASEQUIVALENT LEVEL OF SAFETY

Optum UAS proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate within the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current and proposed regulatory structure.

PRIVACY

All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Images or video taken of individuals will have consented to being filmed or otherwise they will be made anonymous.

NATIONAL SECURITY

Given the small size of the UAS involved and the restricted environment within which they will operate, our petition presents no national security issue.

FEDERAL REGISTER SUMMARY

Petition for exemption

Docket No.: FAA-2015-_________________

Petitioner: Optum Computing Solutions, Inc. (doing business as, Optum UAS )

Seeking exemption from the following regulations: Part 21 and §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2), 417(a) and (b) of Title 14, Code of the Federal Regulations (14 CFR).

Description of Relief Sought: Optum UAS is seeking an exemption to conduct commercial acquisition of aerial data using unmanned aircraft systems. Based upon the foregoing, Optum UAS requests that the FAA grant it the necessary exemptions under Section 333 of the FAA Reform Act as requested herein to allow for commercial operations of UAS within the United States.

Sincerely,

// signed //

Steven E. Davis

President, Optum Computing Solutions, Inc.

Page of 10 17 FAA 333 Exemption - Optum UASAppendix A - Previously Approved UAS

This list represents UAS platforms previously approved by the FAA for commercial operations in the United States. Every UAS model listed has been throughly reviewed by Optum UAS.

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