1

February 1 8 , 2016

James Lemon , attorney Pioneer Telephone Cooperative, Inc.
108 East Robberts Ave. Kingfisher, OK 73750 (405) 375

- 0754 jelemon@ptci.com

U.S. Department of Transportation Docket Operations West Building Ground Floor

Room W12

- 140
1200 New Jersey Avenue, SE., Washington, DC 20590

- 0001

RE: Exemption Request under Section 333 of the FAA Modernization and Reform Act of 2012 and 14

C.F.R. Part 11

Dear Sir or Madam:

Pioneer Telephone Cooperative Inc. ( Pioneer ) located at 108 East Robberts Ave

., Kingfisher, OK 73750 and Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("FAA Reform Act") and 14 C.F.R. Part 11, respectfully requests exemptions from several provisions of the Federal Aviation Regulations ("FAR"), specifically Section 333 which authorizes the FAA to determine:

1. If certain unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security;
and

2. Whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, Unite d States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

Proposed Operations

We are wri ting to request that Pioneer , an owner and operator of small unmanned aircraft, be exempted
from the Federal Aviation R egulations ("FA Rs") listed below so that Pioneer , may operate its small unmanned aircraft systems ("UAS") commercially in airspace regulated by the Federal Aviation Administration ("FAA"); as long as such operations are conducted within and under the condi tions outlined herein or as may be established by the FAA as required by Section 333.

Pioneer is engaged in the aerial photograph y of structures using lightweight , remote controlled UAS's in
remote areas to minimize the need to climb such structures.

Pioneer has fully equipped each of its small unmanned aircraft for aerial photography, primarily for use in the inspection of towers and structures that would otherwise require climbing at great risk to the2

personnel involved, though given the stability and maneuv erability, they may be used for other photography including video.

Pioneer ’ s current UAS fleet includes a DJI Phanto m 3, a DJI Phantom 2, and a DJI Inspire 1 , all equipped with cameras for aerial photo graphy.

Pioneer ’ s exemption request would permit its operation of lightweight, unmanned (remotely controlled in line of sight) UAS's in tightly controlled and limited airspace. Predetermined, specif ically marked areas of operation, sectioned off locations will allow Pioneer to operate within current safety parameters and new ones being implemented. As identified, similar lightweight, remote controlled UAS's are legally operated by amateurs with no fl ight experience, safety plan or controls in place to prevent catastrophe.

Granting Pioneer 's request comports with the Secretary of Transportation's (FAA Administrator's) responsibilities to not only integrate UAS's into the national airspace system, but to " ... establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system"
under Section 333 of the Reform Act. Further, Pioneer will conduct its operations in compliance with the protocols described herein or a s otherwise established by the FAA.

The Extent of Relief Pioneer Seeks and the Reason It Seeks Such Relief:

Pioneer submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable F AR's operating to prevent Pioneer contemplated commercial inspections, research and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our nationa l airspace system as it is in the pu blic's interest to do so. Pioneer lightweight UAS's meet the definition of "small unmanned aircraft" as defined in Section 331 and therefore the integrat ion of Pioneer lightweight UAS's are expressly

contem plated by the Reform Act. Pioneer would like to operate its lightweight UAS's prior to the time period by which the Reform Act requires the FA A to promulgate rules governing such craft. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations include:

The weight, size, speed and overall capabilities of the UAS; Whether the UAS will be operate d near airports or populated areas; and, Whether the UAS will be operated by line of sight.

112 P.L. 95 § 333 (a). Each of these items mitigates in favor of an exemption for Pioneer

.

Pioneer UAS's use multi counter

- rotating propellers for extreme balanc e, control and stability. They each typically weigh less than 55 pounds, including camera or other equipment. Each of Pioneer 's small unmanned aircraft is designed to primarily hover in place and operate at less than a 50 knot maximum speed. They are capab le of vertical and horizontal operations but operate only within the line of sight of the remote control pilot. Pioneer seeks to ensure safe operation by ensuring that any remote control pilot is thoroughly versed in airspace and communication issues pert aining to all aircraft operators, but also in the unique aspects of UAS flight. Pioneer’s UA S ’s remote control pilots all study operation of UAS’s before utilizing UAS’s in controlled airspace. In addition to the remote control pilot, Pioneer uses a camera operator, s uch that, at minimum, two Pioneer personnel gov ern the safe flight of Pioneer aircraft at all
times.3

Pioneer UAS’s have operating frequencies between 5.725 GHz and 5.85 GHz which complies with FCC and other government requirements.

Utilizing battery power and not combustible fuels, flights generally last between five and twenty minutes.
Pioneer does not operate its UAS's with less than twenty five percent battery capacity. Safety systems in place incl ude a GPS mode that allow s Pioneer UAS's to hover in place if communication with the radio control pilot is lost and then slowly descend the UAS at twenty five percent battery capacity.

Further, Pioneer ’s fleet is programm ed, in all instances, to immediately return to a pre

- determined
location wi thin the planned operating area and land or be recovered in accordance with the operating
documents if communications are lost or loses it s GPS signal

.

Pioneer does not operate its UAS's within five nautical miles of an airport refer ence point denoted on a

current FA A

- published aeronautical chart unless a letter of agreement with the airport’s management is obtained, and is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airp ort management will be made available to the Administrator upon request.

Pioneer operation of its fleet of small unmanned aircraft will not "create a hazard to users of the national airspace system or the public." 112 P. L. 95 § 3 3 3 (b). Given the small size and weight of Pioneer UAS's, combined with their operation in cordoned off a nd well

- controlled areas, Pioneer fleet falls within Congress's contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UAS's into the national airspace system. Indeed, Pioneer UAS's have a demonstrable safety record and do not pose any threat to the general public or national security. The FAA has the authority to issue the exemption to Pioneer pursuant to the Federal Aviation A ct, 85 P.L. 726 (1958), as amended (the "Act").

Commercial and Public Benefits

Granting Pioneer exemption request furthers the public interest. First, Congress has already pronounced that it is in the public's interest to integrate commercially flown UA S's into the national airspace system, hence the passing o f the Reform Act. Second, Pioneer conduct s visual inspections through UAS’s to ensure tower and antenna integrity and safety

. T he public has an interest in reducing the danger associated with

current tower inspection methods, namely, resorting to physically climbing high or compromised structures to inspect.

Granting Pioneer exemption request substantially furthers the public's i nterest in ways known and

curr ently unknown. Permitting Pioneer to immediately fly within the United States enables Pioneer to inspect and maintain its networks which provide communications to much of rural Oklahoma and Kansas

. Reasons Why Pioneer Exemption Will No t Adversely Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:

Pioneer exemption will not adversely affect safety.

Pioneer UAS's weigh less than 55 pounds complete with cameras.

Pioneer only operates its U AS's below 400 feet;

Pioneer UAS's only operate for 5

- 2 0 minutes per flight;4

Pioneer lands its UAS's when they reach 25% battery power;

Pioneer remote control pilots operate Pioneer UAS's by Visual Line of Sight (VSOL)

Pioneer UAS's have GPS flight modes whereby they hover and then slowly land if communication with the remote control pilot is lost or battery power is below 25%;

Pioneer actively analyzes electronic flight data and other sources of information to constantly updat e and enhance safety protocols;

Pioneer only operates in secured areas that are strictly controlled, are away from airports and populated

areas;

Pioneer conducts extensive briefings prior to flight, during which safety carries primary importance;

Pio neer always obtains all necessary permissions and permits prior to operation;

Pioneer provides a level of safety at least equal to existing rules, and in nearly every instance, greater than existing rules. It is important to note that absent the integrati on of commercial UAS's into our national airspace system, helicopters are the primary means of aerial photography. While the safety record of such helicopters is remarkably astounding, it is far safer to operate a battery powered lightweight UAS.

First, t he potential loss of life is diminished because UAS's car ry no people on board and Pioneer only operates in specific areas away from mass populations. Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminish ed. Third, the small size and e xtreme maneuverability
of Pioneer UAS's allow our remote control pilots to avoid hazards. Lastly, given their small size and weight, even when close enough to capture required images, Pioneer UAS's need not be so close to the objects they are focused o n. Accordingly, Pioneer UAS's have operated and will continue to operate at and above current safety levels.

Regulations from which the exemption is requested:

14 C.F.R. 21 and 14 C.F.R. 91: Air worthiness Certificates, Manuals and the Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR§ 91.203(a)(l). The size, weight and enc losed ope rational area of Pioneer UAS's permits exemption from Part 2 1 because Pioneer UAS's meet an equivalent level of safety pursuant
to Section 33 3 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

A. Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airpor ts and dense populations. Pioneer UAS's meet or exceed each of the elements. 14 C.F.R. 91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form conte mplated by the FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual at the flight operations center. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 10700 and 32827.5

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofa r as Pioneer UAS's utilize electronic global positioning systems and internal gyroscopes to provide spatial coordination.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraf t certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining such certifications and registrations at the Pioneer flight operations center.

B. 14 C.F.R. § 45 .23: Marking of the Aircraft. Applicable Codes of Federal Regulation require aircraft to be marked according t o certain specifications. Pioneer UAS's are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mar k certain words or phrases. Further, two

- inch lettering is difficult to place on such small aircraft. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot P rivileges and Limitations. PIC Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to n on

- commercial operations. Pioneer can achieve an equivalent level of safety as achieved by cu rrent Regulations because Pioneer UAS's do not carry any p ilots or passengers. Further, while helpful, a pilot license will not ensure remote contro l piloting skills, though Pioneer pilot vetting

, self

- administered UAS flight tr aining

, and internal procedures will. All Further, the risks atte ndant to the operation of Pioneer UAS's is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq.

D. 14 C.F.R. 91.119: Minimum Safe A ltitudes. 14 C. F. R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows Helicopters to be operated at lower altitud es in certain conditions. Pioneer UAS's will never operate at an altit ude greater than 400 AGL

. Pioneer wi ll, however, operate its UAS's in sectioned off areas with security perimeters, providing a level of safety at least equivalent to those in relation to minimum safe altitudes. Given the size, weight, man euverability and speed of Pioneer UAS's, an equivalen t level of safety will be achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections. The above

- cited Regulations require, amongst other things, aircraft owners and operators to "have [the] aircraft inspected

as pre scribed 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."

These Regulations only apply to aircraft with an airworthin ess certificate. They will not, therefore, apply

to Pioneer should its reques ted exemption be granted. Pioneer conducts an extensive maintenance program that involves constant inspection for assessment of any damaged hardware. Therefore, an equivalent leve l of safety will be achieved.

Summary

Pioneer seeks an exemption from the following Regulations: 14 C.F.R. 21, subpart H; 14 C.P.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.P.R.§ 91. 409 (a)(2); 14 C.P.R.§ 91.409 (a)(2); and, 14 C.P.R.§§ 91.417 (a) & (b) to commercially operate its fleet of small unmanned vehicles and lightweight
unmanned aircraft for aerial photography including video and primarily used in the inspection of towers
and structures that would otherwise require climbing at great risk to the personnel involved. Granting
Pioneer request for exemption will reduce current risk levels and thereby enhance safety.6

Further, Pioneer operates at lower altitudes an d in controlled ai rspace

. There are no people on board
Pioneer UAS's and therefore the likelihood of death or serious bodily injury is significantly lim ited. Pioneer operation of its UAS's, weighting less than 55 pounds and traveling at speeds lower than 50 knots in cordoned off areas will provide at least an equivalent level of safety as that achieved under current FARs.

Pioneer respectfully requests th at the FAA grant its exemption request without delay. The FAA has the authority to issu e the exemption sought by Pioneer pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the "Act").

By

James Lemon, attorney

Pioneer Telephone Cooperative, Inc.

108 East Robberts Ave.

Kingfisher, OK 73750

(405) 375

- 0754

jelemon@ptci.com