April 7, 2015

United States Department of Transportation Docket Management Sy stem 1200 New Jersey Ave ., SE West Building Ground Floor Room W12

- 140 Washington, DC 20590 **Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act of 2012**
Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and C.F.R. Part 11, Genesis Lawn and Landscaping , LL C. owner and operator of Small Unmanned Aircraft Sy stems (UASs), request to be exempted from the Federal AviationRegulations (FARs) listed below so Genesis L awn and Landscaping, LLC may operate UASs commercially in airspace regulated by

the Federal Avi ation Administration; as long as such operations are conducted within and under the conditions outlined herein or as may be established by

the FAA as required by

section 333. The Name and address of the applicant is: Genesis Lawn and Landscaping LL C Attn: Neil Migala PO Box 411806 Melbourne, FL 32934 neil@genesislawns.com 321.258.0741

As described below, the requested exemption would permit the operation of lightweight (less than 55 lbs total take of f gross weight) UASs under controlled conditions for commercial use b y professional certificated pilots thereb y enhancing safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to ".... establish requirements for the safe operation of such aircraft sy stems in the national airspace s ys tem." Section 333(c) of the Reform Act.Genesis Lawn and Landscaping, LL C . respectfully requests the grant of an exemption to the following specific sections of the Title 14 Code of federal Regulations allowing it to operate lightweight UAS's for commercial use: 14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 91.7(a), 91.9 (b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) &(b), 91.405(a), 91.407(a)(1) , 91.409(a)(2), 91.417(a) &(b) Genesis Lawn and Landscaping, LL C submits this application in accordance with the Reform Act, 112 P.L . 95 331

- 334, seeking relief from an y currentl y applicable FAR's operating to prevent SCI's future commercial use of smal l UASs to operate in the national airspace sy stem as described below. The Reform Act Section 332 provides for such integration of civil unmanned aircraft sy stems into our national airspace sy stem as it is in the public's interest to do so. SCI's lightweight UASs meet the definition of "small unmanned aircraft" as defined in section 331 and therefore the integration of SCI's lightweight UASs are expressly contemplated by

the Reform Act. SCI would like to operate its lightweight UASs prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such aircraft. The Reform Act directs the Secretary of Transportation to consider whether certain unmanned aircraft s ys tems may operate safe ly

in the national airspace s ys tem (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Secretary is required to determine which ty pes of UASs do not create a hazard to users of the NAS or the public or pose a threat to national securit y in light of the following:



## • The UAS's size, weight, speed and operational capability



## • Operation of the UAS in close proximity to airports and populated areas



## • Operation of the UAS within visual l ine of sight of the operator Reform Act 333 (a) If the secretary

determines that such vehicles "may operate safel y in the National Airspace S ys tem, the Secretary shall establish requirements for the safe operation of such aircraft in the National Airspace S ys tem." Genesis Lawn and Landscaping, LL C’s UAS's are rotorcraft weighing less than 55 pounds including payload. They

operate at a speed of less than 50 knots and have the capability to hover and move in the vertical and horizontal plane simultaneously . The UAS will operate only within the line of sight of the pilot within a protected flight area as described below. Suchoperations will insure that the UASs will not create a hazard to the users of the national airspace

s ys tem or the public. The small nature of the UASs utilized by Genesis L awn and Landscaping, LLC combined with the safet y protocols outlined below will allow for a greater than equivalent level of safety in which Congress envisioned that the FAA must, by exemption allow commercial operations of UASs to commence immediatel y. Also due to the size of the UASs and the areas and altitudes they

will operate, approval of the exemption presents no national securit y issue and absolutely minimal safety concerns which have been mitigated through a rigorous risk management process. Given the clear direction given in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, the significant public benefit, including enhanced safety, reduced emissions utilizing UASs verse traditional aircraft as well as the economic impact of greatly reducing the cost of aerial photography thereb y benefiting the greater public's interest. Accordingl y, the applicant requests that the FAA grant the requested exemption without delay

. The following limitations are considered to be binding for the operation of UASs for commercial purposes b y Ge nesis Lawn and Landscaping, LL C: 1. Flights will be operated in the line

- of

- sight by a ground

- based pilot 2. Flights will only

occur in the day

time and clear of clouds 3. The UASs will weigh less than 55lbs at take off and during flight 4. Flights wil l be terminated with 25% of battery life remaining 5. Flights will be operated at an altitude at or below 400' AGL 6. Pilots, camera operators and observers will be trained as to the applicable portion of the UAS's manual as well as the SOPs. 7. Minimum UAS crew will be one certificated Commercial pilot or higher rating with a current FAA medical. A camera operator and or observer may be added as required to further reduce the possibility

of task saturation by

the pilot depending on the mission requirem ents. 8. Pilot, observer and camera operator will maintain real time communication capability throughout flight operations. 9. The UAS Pilot will conduct a full site survey to determine the Area of Responsibility (AOR). This AOR is the actual area for UAS operations for a particular day . Each survey will include the assessment of potential hazards to include but not limited to airspace classification, NOTAMS, temporary flight restrictions, closest airport proximi ty , natural and manmade obstacles, and unnecessary persons which may

pose a risk to operations or safet y. If deemed necessary , the crew will employ additional personal as safet y observers. 10. GenesisLawn and Landscaping, LLC will employ safet y observers as well as sign notifications in areas close to public activity

. 11. A thorough briefing will be conducted, prior to the first flight of the day in an AOR, utilizing the briefing guide in the SOPs. All persons who will be in the AOR while UAS flights are conducted will be present for this briefing. 12. Genesis Lawn and Landscaping, LL C . will obtain consent (verbal or written) for any persons who need to be within 100 feet of UAS flight operations. 13. Written and or verbal permission from the relevant property owners will be obtained prior to flight. 14. All required permissions and permits would be obtained from territorial, state, county or cit y jurisdictions, including local law enforcement, fir e or other governmental agencies. 15. If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a pre

- determined location within the AOR and land autonomously

. 16. The UAS will have the ability to abort a fli ght in case of unpredicted obstacles or emergencies.

**14 C.F.R Part 21 Subpart H: Airworthiness Certificates 14 C.F.R. 91.7(a), 91.203 (a)(1)**  Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR 91.203(a)(1) The size, weight and defined area of operations for SCI UAS flights permits exemption from Part 21 because Genesis Lawn and Landscaping, LL C . meets an equivalent level of safet y pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the ACT (49 U.S. C. 44701(f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UASs from the airworthiness certificate requirement in consideration of weight, size, speed, maneuverability

and proximity

to areas such as airports and dense populat ions. Genesis Lawn and Landscaping, LLC . meets or exceeds each of these elements. 14 C.F.R. 91.203 (a &b) provides for carrying of civil aircraft certifications and registrations. They

are inapplicable for the same reasons stated above. The equivalent l evel of safet y will be achieved by maintaining such certifications and registrations at Genesis Lawn and Landscaping, LLC’s flight operations center. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthinesscertificate. As no such certificate will be applicable in the form contemplated by the FARs,

this regulation is inapplicable.

**14 C.F.R. 91.9(b)(2) Civil Aircraft Flight Manual in the Aircraft** 14 C.F.R. 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no pilots of passengers, and given the size of the UASs, this regulation is inapplicable. An equivalent level of safety will be achieved b y m aintaining an operators manual at the flight operations center. The FAA has previous ly issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

**14 C.F.R. 91.103(b) Preflight actions** 14 C.F.R. 91.103 Each pilot in command shall, before beginning a flight , become familiar with all available information concerning that flight. This information must include: (b) For an y flight, runway lengths at airports of intended use, and the following takeoff and landing distance information. This subparagraph is not applicable due to our off airfield operations.

**14 C.F.R. 91.109 Flight instructions; Simulated instrument flight and certain flight tests.**  14 C.F.R. 91.109 and all the subparagraphs address the operation of a civil manned aircraft in conjunction with training and flight tests. The UAS to be employed by Genesis Lawn and Landscaping, LLC are not de signated in this category

.

**14 C.F.R. 91.121 Altimeter Settings** 14 C.F.R. 91.121 regarding altimeter settings is inapplicable because Genesis L awn and Landscaping, LLC UASs utilize GPS sy stems and internal gy roscopes to provide spatial stability and a reference datum.

**14 C.F.R. 91.151 Fuel Requirements for Flight in VFR Conditions**14 C.F.R. 91.151 prohibits an individual from beginning a "flight in an airplane under

VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fl y to the first point of intended landing, and assuming normal cruising speed. The battery

powering the UAS provides approximately 15 minutes of powered fl ight, which is less than the reserve requirement alone by FARs for day . Given the limitations on the UAS's flight envelope, proposed AOR size, battery life and its ability

to land immediately

it is reasonable to allow an exception. An equivalent level of safety can be achieved by

limiting flights to 25% of battery power. This restriction would be more than adequate to return the UAS to its planned landing zone in the AOR. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673 and 10808.

**14 C.F.R. 45.23 Marking of the Aircraft** Applicable Codes of Federal regulations require aircraft to be marked according to certain specifications. SCI UASs are unmanned; do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, two

- inch lettering is impractical to place on such small aircraft. Genesis L awn and Landscaping, LLC . will, however, place the word "EXPERIMENTAL" on its fuselage as required by 14 C.F.R. 45.29 ( f) so that the pilot, camera operator, observer and any other persons operating in the AOR can see the markings on the UAS. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167 A, and 10700.

**14 C.F.R. 91.119 Minimum Safe Altitudes**  14 C.F.R. 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions Genesis Lawn and Landscaping, LLC will only operate its UASs at or below 400 AGL. Genesis L awn and Landscaping, LLC will operate its UASs in a defined AOR that has been carefull y reviewed for hazards and minimizes the presence of an y persons not essential for operations. Flights will only be conducted over private propert y with consent of the propert y owner. The equivalent levelof safet y will be achieved given the size, weight and speed of the UAS as well as the

location where it is operated. Compared to flight operations with tradition al aircraft or rotorcraft weighing far more than 55lbs, operating below 500 AGL with flammable fuel UAS operations present a far smaller risk.

**14 C.F.R. 91.405 (a), 407 (a)(1), 409(a)(2), 417(a&b) Maintenance Inspections** These regulations require th at an aircraft operator or owner "shall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as prescribed 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. These regulations only

apply to aircraft with an airworthiness certificate. They will not, therefore, apply to. UASs should its requested exemption be grant ed. As an equivalent level of safety Genesis Lawn and Landscaping, LL C . requires its pilots to conduct a preflight, through flight and post flight inspection of the UAS to ensure it's flight worthiness prior to launch. Each UAS is flown in compliance with the applicable manufactures manual to include all software update cycles as well as flight checklists. In the event of a malfunction the UAS can land immediately

.

**Privacy** All fli ghts will occur over private or controlled access property with the property

owner's prior consent and knowledge.

**Summary** Genesis Lawn and Landscaping, LL C . is seeking exemption from the following rules: 14 CFR 21, subpart H, 14 CFR 45.23(b), 14 CFR 91.7(a), 91.9 (b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a)&(b), 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a)&(b). Approval of the above exemptions allowing commercial operations of small UASs in the service of aerial photography will greatly

enhance safet y b y reducing the overall riskassociated with traditional aircraft. Traditional aerial photography requires large aircraft weighing thousands of pounds and carrying hundreds of poun d of fuel presenting a significant risk to life and property. With Genesis L awn and Landscaping, LLC .' s use of small UASs weighing less than 55 lbs, powered b y batteries and operating at or below 400 AGL they virtually eliminate all of the risk associate d with traditional aerial photography . The UASs will carry

no people thereb y eliminating the exposure to the risks associated with fl yi ng while accomplishing the same task in a much safer manner. Granting Genesis Lawn and L andscaping, LLC . the above exe mptions will allow for the expansion of UAS sy stems into the future, in a professional, safet y conscious culture steep in the tradition of Aviation. The safet y culture established b y the founding members of Genesis L awn and Landscaping, LLC . is based on o ur 20+ ye ars of business experience. . Genesis Lawn and Landscaping, LL C . respectfully requests that the FAA grant its exception without delay . The FAA has the authorit y to issue the exemption sought by Genesis Lawn and Landscaping, LLC . pursuant to the Federal Aviation Act, 85 P.L . 726 (1958), as amended (the "Act").

Sincerel y, Neil Migala Genesis Lawn and Landscaping LL C PO Box 411806 Melbourne, FL 32934 neil@genesislawns.com 321.258.0741