October 30, 2015

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

Re: Petition of Automodality for an Exemption Pursuant to Section 333 of the FAA

Modernization and Reform Act of 2012

Director: Flight Standards Service:

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

14 C.F.R. Part 11, Automodality, hereby applies for an exemption from the Federal Aviation Regulations ("FARs") identified below to allow commercial operation of small unmanned aerial vehicles ( i.e., "small unmanned aircraft" or "UAS") for the purpose of conducting aerial photography, videography and imagery for infrastructure inspection.

This petition for exemptio n is made based on information outlined in this Petition for Exemption, as well as the accompanying Automodality 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 Manual 1 (Collectively 3 and 4 are referred to as "Manufacturer's Manuals")

Automodality submits these supporting materials as confidential documents pursuant to 14

C.F.R. § 11.35(b), as the materials contain confidential commercial and/or propriet ary information that Automodality 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 Fr eedom of Information Act, 5

U.S.C. § 552 et. seq. 

### NOTE: ALL ATTACHMENTS SET FORTH IN SUPPORT OF

THIS LETTER OF PETITION ARE CONFIDENTIAL AND SHALL NOT BE

RELEASED TO THE PUBLIC WITHOUT WRITTEN AUTHORIZATION FROM

THE PETITIONER.

For your convenience, this Petition is organized as follows:

1

. The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but not limited to: operations and flight manuals, user guides, component maintenance manua ls, pilot training manuals, service
information letters and, safety/service bulletins

.U.S Department of Transportation

October 30, 2015 Page 2

I. Description of Petitioner

II. Description of Proposed Operations

A. Aerial Photography, Videography, Data Collection and Imagery for

Infrastructure Inspection

III. Relevant Statutory Authority

IV. Automodality’s 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

V. Regulations From Which Exemption is Requested

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

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

B. 14 C.F.R. Part 27 Airworthiness Standards: Norm al Category Rotorcraft

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and

Identification Requirements

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(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): Civil Aircraft Airworthiness

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14

C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Ce rtification and Registration

H. 14 C.F.R. § 91.103: Preflight Action

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

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

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

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

V1. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. ConclusionU.S Department of Transportation

October 30, 2015 Page 3

I. DESCRIPTION OF PETITIONER

Automodality, based in San Rafael, CA provides aerial photography, videography, data collection and imagery for infrastructure inspection. The Company’s Principal and Chief Pilot Dan Hennage has been flying UAV quadcopters as a hobby for more than one year without incident logging hundreds of hours flying. Automodality’s other principal, Jimmy Halliday, has a priva te pilot’s license for fixed wing aircraft with over 200 logged hours. Upon the grant of the

3 33 Exemption the Company’s business will specialize in providing photography, videography, data collection and imagery for infrastructure inspection.

Automodality ’s staff are 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 by Automodality is of the highest quality gear and has been able to provide these services safely and without any claims or incident. Automodality ’ s goal is to advise the perspective client that Automodality 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.

Automodality seeks an exemption to allow for aerial surveillance and imaging. The contact

information for Petitioner is as follows:

Jimmy Halliday Automodality

208 Devon Dr. San Rafael, CA 94903 Phone: (707) 478

- 8382

Ema il: jimmy@AutoModality.com

II. DESCRIPTION OF PROPOSED OPERATION

Automodality seeks an exemption pursuant to Section 333 of the Reform Act to operate DJI Matrice 100; and, 3DR X8 (referred to as AM

- UAS ) (under 55lbs) for the proposed operatio ns discussed herein below. All UAS operations will occur under tightly controlled conditions on private property or approved location where Automodality has received verifiable permission to operate from the landowner, controller or authorized representati ve. The proposed UAS operations will be conducted in accordance with the conditions and limitations of this Petition for Exemption and Automodality ’s Operations Manuals. As detailed in Automodality ’s Operations Manuals, all UAS operations will be limited t o daytime VFR conditions, within visual line

- of

sight ("VLOS") of the operator, in uncontrolled airspace, and will occur at least 5 nm away from an airport reference point. Moreover, Automodality ’s Operations Manuals incorporate redundant safeguards to as sure the aircraft does not travel outside the controlled area of UAS operations, including GPS "geo

- fencing" technologies.

A. Aerial Photography, Videography and Imagery for Infrastructure Inspection

Automodality seeks to use small AM

- UAS for the aerial photography, videography, data collection and imagery for infrastructure inspection. Automodality has purposefully tailored itsU.S Department of Transportation

October 30, 2015 Page 4

operations to meet the requirements established by the FAA in prior grants of exemption authorizing commercial use of UAS in the real estate industry, including:

 Thomas Johann Walker (Exemption No. 12719)

 Starnes Aviation, LLC (Exemption No. 12377)

 Flight Ventures, LTD (Exemption No. 12289)

 Airshark, LLC (Exemption No. 11651)

 Wilson & Assoc. (Exemption No. 12750)

 Dobbs Administration (Exemption No. 13279)

All UAS photography and videography operations will occur on private property or approved location in a controlled area away from spectato rs and persons not involved in the recording process. In addition, the filming will be conducted between dawn and dusk to ensure maximum safety for the public and those involved in the manipulation and operation of the UAS; VFR conditions, at altitudes bel ow 400' above ground level (“AGL”).

As set forth below, Automodality ’s operations provide an equivalent level of safety which is superior to performing the same work using conventional fixed

- wing aircraft or helicopters.

Small UAS video production is also safer than traditional manned aircraft performing the same function. Videographer

- inspectors also frequently need to climb roof tops, ladders, trees, or otherwise perform elevated work, which exposes them to the risk of d angerous falls, electrocution or other work related injuries. In addition, depending on the nature of the video needed and inspection, proximity to equipment, and other mechanical hazards associated with

industrial sites and construction facilities often i nvolves a risk of exposure to hazardous

conditions. The use of AM

- UAS mitigates these hazards and is ultimately a much safer and cost efficient method of performing these and most other types of inspections.

Moreover, conventional operations using rotorcr aft and fixed

- wing aircraft in low level operations present risks associated with vehicles weighing tens of thousands of pounds (including payload) and carrying large amounts of fuel which inherently presents significant fire 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 of the service, but the quality and expanse of acquired information will be far more robust given the low cost associated with its acquisition and provide other potential consumers an inexpensive product.

UAS video production is more reliable, and allows for the collection, dissemination, and storage of visual and other sensory data with greater precision and duration at a very low cost. Small UASs will also be capable of accessing and inspecting areas that would otherwise be inaccessible or highly dangerous using conventional aircraft or other inspection methods.

III. RELEVANT STATUTORY AUTHORITY

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

FAA Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAAU.S Department of Transportation

October 30, 2015 Page 5

"to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the National Airspace Systems ("NAS") where it is safe to do so based on the following considerations:

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

● Operation of the UAS in close proximity to airports and populated areas; and

● Operation of the UAS within th e visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to 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 of the Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 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 a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. AUTOMODALITY ’S PROPOSED AM

- UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT

The small AM

- UAS operations proposed by Automodality as noted above in this Petition for Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant factors are satisfied.

A. Approval is W arranted Based on the UAS's Size, Weight, Speed, and Operational Capability

A Grant of Exemption is appropriate for operations conducted using the UASs due to their size weight, speed, and operational capability.

 The AM

- UAS utilized by Automodality has b een approved for use in prior Section 333 Grants of Exemption from the FAA. 2

 The AM

- UAS weighs less than 55 pounds, including payload.

 The AM

- UAS will not be flown at a ground speed in excess of 50 knots. The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 50 knot speed restriction.

 Altitude information will be generated by equipment on board the UAS as specified using GPS triangulation, digitally encoded barometric altimeter, radio

2 See e.g., Grant of Exemption to Mark Ingle (Exemption No. 11856); Grant of Exemption Thomas Johann Walker (Exemption No. 12719); Grant of Exemption to Starnes Aviation, LLC (Exemption No. 12377).U.S Department of Transportation

October 30, 2015 Page 6

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

via telemetric data feed.

 The AM

- UAS will have system redundancies and independent functionality to ensure the overall safety and predictability of the system. If connection to the remote control or ground control station is lost, failsafe systems will permit the UASs to return to a predetermined location and safely land without injury or damage.

 The radio frequencies used for operations and control of the AM

- UAS comply

with the Federal Co mmunications Commission ("FCC") and other appropriate government oversight agency requirements. The operating frequency for the AM

UAS is 2.4 GHz frequency bands.

If the same operations were conducted using a helicopter, the aircraft's take

- off weight wo uld likely exceed 6,000 pounds depending on payload. The difference in weight between the AM

UAS and a helicopter significantly reduces the potential harm to the participating and non

participating 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 Warranted Based on the Operational Restrictions Set Forth in Automodality ’s Operations Manuals

Operations Manuals and the Manufa cturer's Manual for the selected AM

- UAS will contain all the procedures and limitations necessary to safely and successfully perform the operations specified in this Petition for Exemption. To assist the FAA in making a safety assessment of Automodality ’s proposed operations, below is a summary of operational limitations and conditions that Automodality will adhere to, and which will ensure an equivalent or higher level of safety to operations conducted under current regulatory guidelines:

1. The AM

- UAS weigh s less than 55 pounds, with payload.

2. All operations shall be conducted over private or controlled

- access property with verifiable permission from the land owner/controller or authorized representative.

Permission from land owner/controller or authorized r epresentative 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) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practica ble.

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

- in Command ("PIC") of the AM

- UAS, and one or more Visual Observers ("Observer") as necessary to safely conduct the mission.

5. PICs shall possess either a private, recrea tional, 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, aU.S Department of Transportation

October 30, 2015 Page 7

possession, or the Federal governme nt. The PIC will also meet the flight review

requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

6. The AM

- UAS shall be operated within VLOS of the PIC and Observer at all times.

The PIC must use human vision unaided by any device other than corrective 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.

9. The additional requirements identified in the Grant of Exemption shall be added to the Automodality’s Operations Manuals. The Operations Manuals will be maintained

and made av ailable to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the Grant of Exemption and Automodality’s Operations Manuals, the conditions and limitations in the Grant of Exemption shall take precedence and m ust be followed. Otherwise, Automodality shall follow the procedures outlined in their Operations Manuals.

10. Automodality may update or revise its Operations Manuals. Revisions will be tracked and a revised copy of the Manual will be provided to the Administrator upon request. Automodality will also present an updated and revised Operations Manuals if it petitions for extension or amendment to its Grant of Exemption. If an update or

revision wou ld affect the basis upon which the FAA grants the exemption, Automodality will seek an amendment to its Grant of Exemption. Automodality will contact the FAA’s UAS Integration Office (AFS

- 80) if questions arise regarding updates or revisions to the operati ng documents.

11. Automodality Operations Manuals and its Grant of Exemption will be available to the PIC at the ground control station anytime the AM

- UAS is operating.

12. The PIC is prohibited from beginning a AM

- UAS flight unless (considering wind and

forecas t weather conditions) there is 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.

13. Maximum total flight time for each operational flight using the AM

- UAS will be

limite d to 40 minutes or the amount of time the UAS can be flown and still maintain a reserve battery power of no less than 25%, whichever occurs first.

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never enter navigable controll ed 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.U.S Department of Transportation

October 30, 2015 Page 8

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 sufficient ly protect nonparticipating persons from the UA and/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 a re within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission

and the PIC has made a sa fety assessment of the 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 persons do not present an undue hazard to those persons per § 91.119(a).

16. The AM

- 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 AM

- UAS may not operate within 5 nm of an airport reference point as den oted

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 Automodality COA. The letter of agreement with the airp ort management will be made available to the Administrator upon request.

18. Prior to each test flight the PIC shall inspect the AM

- UAS to confirm that it is in a condition safe for flight. The pre

- flight inspection will account for all discrepancies, e.g. in operable components, items, or equipment, not already covered in the relevant sections of the operating documents as well as equipment updates. The PIC shall not operate any AM

- UAS if the inspection reveals a condition that affects the safe operation of th e AM

- UAS until the necessary maintenance has been performed and

the AM

- UAS is found to be in a condition for safe flight. The ground control station shall be included in the preflight inspection. All maintenance and alternations must be properly documented in the UAS records as required by Automodality ’s Operations

Manuals.

19. Automodality will timely carry out its maintenance, inspections, and record keeping requirements in accordance with the Operations Manuals. Maintenance, inspection,

and alterations will be fully noted in the AM

- UAS records, including total time in service, description of work accomplished, date completed and the signature of the authorized person returning the AM

- UAS to service.

20. Any AM

- 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 Automodality’s Operations Ma nuals. The PIC who conducts the functional test flight must make an entry in the UAS aircraft records of the flight. The requirements and procedures for aU.S Department of Transportation

October 30, 2015 Page 9

functional test flight and AM

- UAS record entry shall be included in the

Automodality ’s Operations Manuals.

21. The AM

- UAS will be operated and maintained according to the Manufacturer's Manuals and any required manufacturer Safety/Service Bulletins and product updates.

22. Prior to the operation, a Mission Packet will be created in accordance w ith the requirements on Automodality’s Operations Manuals.

23. Automodality will obtain an Air Traffic Organization ("ATO") issued Certificate of

Waiver or Authorization, otherwise known as a COA, prior to conducting any operations under this Grant of Exempti on. A NOTAM will be issued as required by the COA. All operations will be conducted in accordance with airspace requirements

in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

24. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire or other appropriate governmental agencies.

25. If the AM

- 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.

27. The AM

- UAS will have the capability to safely abort flight in the case of unpredicted

obstacles or emergencies.

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 U nited States

.

29. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 25 hours total time as a UAS rotorcraft pilot and at least 10 hours logge d as a UAS pilot with a similar AM

- 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 § 61.51(b), a minimum of hours pursuant to 54 CFR § 61.51(b) as UAS pilot operating the make and model of AM

- UAS to be utilized for operations under the exemption and three take

- offs and three landing in the preceding 90 days.

31. Operations shall occur during daytime VFR Meteorological Conditions; flights under special visual flight rules ("SVFR") shall not be conducted.U.S Department of Transportation

October 30, 2015 Page 10

32. The AM

- UAS shall remain clear and yield the right of way to all other manned operations an d activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

33. AM

- UAS Operations under Instrument Flight Rules, at night, 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 restrictions 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 of the AM

- UAS will comply with the Federal Communications Commission (FCC) or other app ropriate government oversight agency requirements.

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, including UAS, from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public in terest. 3 Automodality seeks an exemption from several interrelated provisions of Title 14 of the Code of Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the requested operations using

AM

- UAS platforms noted above. Listed below are: (1) the specific sections of 14 C.F.R for which 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 s ought. 4

UNMANNED AIRCRAFT SYSTEM

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

– Airworthiness Certificates and 14 C.F.R. §91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a 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 therefore no exemption is needed. 5 If, however, the FAA d etermines that there

3 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).

4 14 C.F.R § 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 y ou seek exemption.

5 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pgs. 13

- 14, 22).U.S Department of Transportation

October 30, 2015 Page 11

are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety

Automodality ’s use of the AM

- UAS is safe when taking into account its size, weight, speed, and operational capability. As set forth in the description of proposed operations in Section IV (A),

the AM

- UAS weighs less than 55 pounds, including payload and will not be flown at a ground speed in excess of 50 knots. The AM

- UAS is also equipped with safety features which will allow Petitioner to operate the AM

- UAS safely after experiencing certain in

- flight contingencies

or failures as noted below. 6 7 Additionally, the AM

- UAS carries neither pilots nor passengers, carries no explosive materials or flammable liquid fuels, or other elements identified by Homeland Security as being prohibitive and operat e exclusively within the parameters stated in Automodality ’s Operations Manuals.

Operations conducted under this exemption will be closely controlled and monitored by the PIC operator and will be conducted in compliance with local public safety requiremen ts, to provide security for the area of operation. Automodality will also provide the FAA with advance notice of all operations via NOTAM as required by the applicable COA. In all cases, operation of the AM

UAS under the proposed conditions will be at lea st as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate. Lastly, the AM

- UASs do not need a means

to communicate with other aircraft or ATC, because those capabilities will be solely possessed by

the PIC and Observe r, who are not onboard the AM

- UAS. 8 In addition, no sense

- and

- avoid

6 See e.g., Grant of Exemption No. 11184 to Low Country RC, Corp. (FAA

- 2014

- 0803 at pg. 3): "The [DJI S1000] has the capability to operate safely after experiencing certain in

- fligh t contingencies or failures and uses an auto

pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of global positioning

system (GPS) or a lost

- link event with a pre

- coordinated, predictable, automated flight maneuver, and manual flight control functionality as a backup. These safety features provide an equivalent level of safety compared to a manned aircraft performing a similar operation."

7 See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA

- 2014

- 0382 at pgs. 4

- 5): The AM

- UAS can be operated entirely by a touch

- screen, map

- based interface. This means the operator only needs to command the system where to go, and the system does a ll the flying for the operator. The AM

- UAS can be operated in both semi and fully autonomous flight modes, with the operator simply clicking on a map to create a pre

- planned flight path for a flight. In addition, the operator can create no fly zones or max imum flight ranges and altitudes 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 AM

- UAS to detect a system fault while in the air and automatically fly back to its takeoff location 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 system (GPS) controlled, maki ng the system easy to navigate. At any point if the operator is not explicitly commanding the system to move, the system automatically holds its GPS position. The flight control system employs not only GPS positioning but a variety of sensors including son ar, barometric pressure, temperature, wind speed and others to ensure stability so long as wind thresholds are not exceeded. Also a flight termination link

– to prevent a 'fly away' or other potentially dangerous situation

– is

available to the operator."

8 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pg. 13).U.S Department of Transportation

October 30, 2015 Page 12

technology is necessary for the AM

- UAS because they will be operated at all times in VFR

conditions and within VLOS of the PIC and Operator. 9

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent that Automodality ’s small AM

- UASs would otherwise requi re certification under Part 27, 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 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Air craft Marking and Identification Requirements

Automodality seeks an exemption from the aircraft marking and identification requirements

contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(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 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must

also di splay on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport, "experimental," or "provisional," as applicable.

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

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

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

- Number) markings in

accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 10

9

. Id

10. FAA Docket No. FAA

- 2014

- 0352.U.S Department of Transportation

October 30, 2015 Page 13

Equivalent Level of Safety

All AM

- UAS flown by Automodality will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 11

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b):

Maintenance Inspections

Automodality seeks an exemption from the maintenance inspection requirements contained in 14

C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption from these regulations is needed

because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS platforms to be operated under this grant of exemption will not have . (Emphasis added)

Equivalent 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 Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Further, as required by Automoda lity ’s Operations Manuals, the PIC will conduct a pre

- flight inspection of the AM

- UAS and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potential ly affecting safe operation of the AM

UAS and no flights will occur unless, and until, all flight critical components of the AM

- 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 by Automodality ’s Operations Manuals, the PIC who conducts the functional test flight will make an entry in the AM

- UAS aircraft records of the flight.

Automodality ’s Oper ations Manual also in cludes requirements to follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the following applicable components: powertrain system (powerplant), propellers, avionics

and control s urfaces (including ailerons/elevons), structures & airframe, camera system, electrical systems (including batteries), ground control station, hazard accessories, and spare parts. Further, Automodality ’s Operations Manuals also include procedures to documen t and

maintain a record of the AM

- UAS ’s maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in service of the AM

- UAS used under this Grant of Exemption. As a whole, the maintenance and ins pection procedures required in Automodality ’s Operations Manuals ensure that an equivalent or higher level of safety will be

achieved.

PILOT

- IN

- COMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

11 See, e.g., FAA Docket No. FAA

- 2014

- 0352, at 14.U.S Department of Transportation

October 30, 2015 Page 14

Automodality seeks exemption from 14 CFR § 61.113, which restricts private pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class

medical certificate. 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 c ase, while the AM

- UAS will be operated as part of a 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 airsp ace did not warrant the additional cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and Class III Medical

Certificate. 12 The fulfillment of the 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.

Equivalent Level of Safety

The restrictions Automodality has placed on its AM

- UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial. Automodality will operate on private property away from persons and property not involved in the operation. Automodality will also obtain an

ATO issued COA prior to conducting any operations under this Grant of Exemption. All operations will be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. A NOTAM will also be issued as required by the applicable COA.

In addition to these flight restrictions, Automodality will further ensure safe operation by requiring that any PIC be thoroughly versed not only in airspace and comm unication issues pertaining to all aircraft operators but also in the unique aspects of AM

- UAS flight. As set forth in the Operations Manuals, pilots will have experience not only in AM

- UAS operations generally but 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 of Automodality. The pilot qualification, training, and currency requirements in the Operations Manuals ensure that Automodality pilots are comp etent and proficient in the AM

- UAS they are operating. Automodality ’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 fo r its pilots and will ensure at least an equivalent level of safety to the public.

OPERATING PARAMETERS OF THE UAS

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UASs, Automodality seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is req uired for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable. 13 Accordingly, Petitioner requests that the requirements for § 91.7(a) be treated in accordance with

12 Exemption No. 11062 (FAA Docket No. FAA

- 2014

- 0352).

13 See Id. at 13

- 14, 22.U.S Department of Transportation

October 30, 2015 Page 15

Section V (A), supra.

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft 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. Pursuant to 14 C.F.R. § 91.9(b) (2):

(b) No person may operate a U.S.

- registered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination

thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has

within it the following:

(1) An appropriate and current airworthiness certificate... (b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Given the small size and configuration of the AM

- UAS, it would be impossible to keep

airworthiness documents and other aircraft manuals on board the AM

- UAS because there is simply no room and the AM

- UAS has no cabin or cockpit. As a way to comply with the code Automodality will maintain the documents with the PIC and make them available for inspection.

Equivalent Level of Safety

In an FAA Office of Chief Counsel' s Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registrati on certificate, and other required documents from the ground control station from which he or she is operating the aircraft. 14 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key docu ments during flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS.

H. 14 C.F.R. § 91.103: Preflight Action

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

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International 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 Department of Transportation

October 30, 2015 Page 16

FAA

- approved Flight Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an FAA

- approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Automodality ’s Operations Manuals and the Manufacturer's Manual. The PIC will perform a series of checklists designed to identify any defects or inoperable components in accordance wit h the Automodality ’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 takeoff distance, UA performan ce data, and contingency landing areas

— before initiation of flight. Automodality ’s Operations Manuals and the Manufacturer's Manual will be kept at the ground control station and will be accessible to the PIC at all times while operating the UAS.

I. 14 C.F.R

. § 91.109(a): Flight Instruction

Automodality 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 t hat aircraft has fully functioning dual controls." UASs and remotely piloted aircraft, by their design, do not have functional dual controls. 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. § 91.109(a).

Equivalent Level of Safety

Given the size and speed of the UAS that Automodality intends to use, an equivalent level of safe

trai ning can still be performed without dual controls because no pilot or passengers are aboard the UAS, and as required by the Automodality ’s Operations Manuals, all persons will be a safe distance away in the event that the UAS experiences any difficulties d uring flight instruction. Moreover, as required by the Automodality ’s Operations Manuals, all flight training will be conducted in controlled and sterile environment. As a whole, the safety procedures provided for in Automodality ’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. § 91.119(c): Minimum Safe Altitudes

Automodality 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 per son, vessel, vehicle, or structure in non

- congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a

15 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing

without undue hazard t o persons 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 Exemption No. 11157 to Slugwear, Inc., dba Like on a tree Aerial (FAA

- 2014

- 0534 at 15).U.S Department of Transportation

October 30, 2015 Page 17

helicopter to operate at less than those minimum altitudes when it can be operated " without hazard to persons or property on the surface," provided that "each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

An exemption is required because the proposed AM

- UAS oper ation will normally need to occur

below 400 feet AGL. In circumstances where the AM

- UAS is used to inspect a structure whose height exceeds 400 feet AGL, the AM

- UAS will not be operated more than 100 feet above the highest point on the structure, and withi n 50 feet horizontally of the structure. Additionally, due the nature of the proposed operations, the Pilot and/or Observers(s) may need to be less than 500 feet away from the AM

- UAS.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel 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, weight, and speed of the

AM

- UAS, as well as the controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operation s will be restricted to 400 feet AGL or below, or when inspecting a U.S. structure whose height exceeds 400 feet AGL, within 100 feet above the highest point on that structure and 50 feet horizontally of the structure.

As set forth in the Operations Manua ls, the AM

- UAS will be operated in a restricted area, and all flights will be operated at a lateral 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 AM

- UAS and

any pos sible debris resulting from its failure. As required by the Operations Manuals, flights will be terminated if a nonparticipating person within 500 feet of the AM

- UAS leaves a shielded position. Further, its operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller timely has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and, operations near the PIC or Observer will not present an undue hazard p er § 91.119(a). Adherence to these restrictions in Automodality ’s Operations Manuals will ensure operations can be conducted without compromising public safety. 16

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

Automodality 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

16 See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA

- 2014

- 0481 at 19): " If barriers or structures are present that can sufficiently protect nonparticipating persons from the UA or debris in the event of an accident, then 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. If a 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 op erations, the primary concern is the safety of those nonparticipating persons. In addition, the FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the owner/controller of any such vessels, vehicles or s tructures grants permission for the operation and the PIC makes a safety assessment of the risk of operating closer to those objects and determines that it does not present an undue

hazard."U.S Department of Transportation

October 30, 2015 Page 18

elevation of the departure airport or barometric pressure. An exemption is required to the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent 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 feet AGL or

below 17 , (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 flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. 18

The AM

- UAS that Automodality intends to use for th e proposed operations will meet all these operational characteristics. Moreover, as required by Automodality ’s Operations Manuals, the PIC will be required to calibrate the aircraft's GPS compass prior to each flight operation. Like prior FAA Section 333 G rants of Exemption, the AM

- UAS Automodality 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.

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Automodality requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in

VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first poin t of intended landing and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningf ul flight operations can be conducted while still maintaining a 30

- minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. Moreover, it is not Automodality ’s intention to fly the AM

- UASs at night.

Equivalent Level of Safety

In the Grant of Exemption to VDOS (Exemption No. 11112), 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 AM

- UA S flight unless (considering wind and forecast weather conditions) there was enough power to fly to the first intended point of landing and,

17 If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 10 0 feet above the highest point on the structure.

18 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).U.S Department of Transportation

October 30, 2015 Page 19

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 AM

- UAS provide approximately 50 minutes of powered flight (with payload) and provided battery level an d battery time remaining in minutes and seconds to the PIC. 19 The FAA also considered the fact the AM

- UAS operating manual states: “start every flight with a fully charged battery in the aerial vehicle”, and

that in the event that the AM

- UAS should run low on power, the PIC will be alerted and can safely land the

- AM

- UAS as soon as possible. Like the VDOS Grant of Exemption, Automodality ’s use of the AM

- UAS, combined with the requirements of Petitioner's Operations Manuals, ensure that an equivalent level o f safety can be achieved and in fact exceeded. Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohi biting the PIC from beginning a flight with the UA unless (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 UA with 25% battery power remaining. Auto modality will adhere to this limitation for its AM

- UAS flights.

The AM

- UAS includes a low battery warning system and the amount of battery reserve power remaining is continuously transmitted to the PIC via telemetric data feed, which downlinks from

the AM

- UAS to a ground

- based

- on

- screen display. 20 As required by Automodality ’s Operations Manuals, the PIC will promptly fly the AM

- UAS back to the home launch location or pre

determined abort location where it may safely land, while still maintaining a minimu m of 25% reserve battery power. Automodality submits that the procedures requiring flights to be safely

terminated once the batteries fall below 25% capacity, combined with the requirement that flights only be conducted within a secure, isolated area, usin g 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. DRUG AND ALCOHOL PROGRAM

Automodality will have policies in place to ensure that no person may participate in AM

- 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 Automodality ’s Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petit ion. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform

Act

— the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily requ ired rulemaking.

19. Grant of Exemption No. 11112 to VDOS Global, LLC (FAA

- 2014

- 0382 at 10).

20. The AM

- UAS ground control station displays, the UASs position, navigation route, tail number, altitude, heading, north seeking arrow, range to targets, calculated target position, date/time, and sensor heading and

orientation relative to the UAS.U.S Department of Transportation

October 30, 2015 Page 20

The proposed AM

- 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, staff of Petitioner, unsuspecting passersby, inspecting engineers from relevant organizations and all those who may be in the local vicinity. Traditional methods of providing surveillance and modeling services requires location pe rsonnel to climb towers, trees, venture onto precarious roofs and other dangerous scenarios, perform elevated work for which the individual is neither trained nor equipped to perform, which exposes them to unnecessary risk of serious physical injury from d angerous 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 identifying specific locations for potentia l recording sites to be used in the end product. The use of small UASs 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 Automodality employ ees.

The use of small UAS also enhances safety and reduces risk to the surrounding public because, unlike manned aircraft weighing thousands of pounds, carrying crew in addition to flammable fuel, the UASs carry no passengers, crew or explosive fuel. Furt hermore, in the unlikely event of

an accident, Automodality ’s small battery powered AM

- UAS presents significantly less danger to persons on the ground when compared to operations by conventional manned aircraft. 21 As

Petitioner' s AM

- UAS are battery powered, the public will also benefit from a reduction in harmful petroleum based emissions associated with conventional aircraft performing in the same functions proposed herein. Air quality will naturally be improved with the reducti on of fuel powered vehicles.

Lastly, as recognized by the FAA in prior Section 333 Grants of Exemption to filmmakers, UAS provide an additional economic tool for the aerial filming notwithstanding the industry, adding a greater degree of flexibility, whic h supplements the current capabilities offered by manned

aircraft. 22 The quality of the 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 current industrial product is increasing and will continue to increase given the enhanced flexibility of production; therefo re, given the lower cost, 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

.

VIII. PRIVACY

21 See Grant of Exemption No. 11158 to Team 5, LLC (FAA

- 2014

- 0783 at 12): "Manned helicopters conducting aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard crewmembers, 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 from the aircraft. The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event of an incident or accident.

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

22 See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA

- 2014

- 0794 at 18).U.S Department of Transportation

October 30, 2015 Page 21

All AM

- UAS operations will be conducted in accordance with applicable federal, state, and local laws regarding privacy. All operations shall be conducted over private or controlled

- access property with permission from the land owner/controller or authorize d representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be

conducted.

IX. FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the FEDERAL REGISTER, should it be determined that publication is needed: Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9 (c); 91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a) (1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the aircraft crew, production crew, general public, property owne rs and city structures from the substantial hazards associated with performing equivalent film work and aerial video production with conventional fixed

- wing aircraft, rotorcraft, or other methods.

X. CONCLUSION

Automodality ’s Petition for Exemption satisfie s the criteria articulated in Section 333 of the Reform Act of 2012 which includes weight; speed; operating capabilities; proximity to airports and populated areas; operation within VLOS and national security. The proposed AM

- UAS operations will benefit th e public as a whole by improving safety and reducing risk by 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 Exempt ion provides the FAA with more than adequate justification for granting the requested exemptions allowing Automodality to use small AM

- UAS in the recorded production of its product.

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

R espectfully Submitted,

Jimmy Halliday Automodality

208 Devon Dr. San Rafael, CA 94903 Phone: (707) 478

- 8382

Email: jimmy@AutoModality.comU.S Department of Transportation

October 30, 2015 Page 22

(The following attached items contain proprietary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

Attachment s: 1. General Operations Manual

2. PIC Operating Manual

3. Company Protocols

4. Location Protocols

5. Flight Communications Protocols

6. Departing Location Protocols

7. Transmitter Protocols

8. Preflight Checklist

9. Post Flight Checklist

10. Equipment Checklist

11. UAS Manufacturer’s Manuals

a. User Manuals

b. UAS Maintenance Manuals