Petition for Section 333 Exemption , ©2015 North American Robotics Page 1 of 9



### U.S. Department of Transportation Docket Management System

1200 New Jersey Ave , SE, Washington, DC 20590

Re: Exemption Requ est Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam :

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act)
and 14 CFR Part 11, North American Robotics (“ NAR ”) a professional research firm hereby applies for an exemption from the listed Federal Aviation R egulations ("FARs") to allow commercial operation of its smal l Unmanned Aircraft Systems (s UASs ) , so 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

.

As described more fully below, the requ ested exemption would support a future application for

a commercial Certificate of Authorization (COA) and permit the operation of sUASs under

controlled conditions in U.S. National Air Space (NAS) including: (1) All operations would take place with express written permission from the owner of the property for the purpose of obtaining detailed structural information , land feature and ground cover analysis , and

condition documentation

. (2) All operations would be cond ucted in a irspace no more than 2 00

ft A bove G round L evel (AGL) under the current FAA blanket COA

. (3) T he s UAS s will fly only in approved Visual Flight Rules (VFR) conditions, and remain with in Visual

- Line

- of

- Sight ( VLOS ) of the pi lot

- in

- c omma nd ( PIC ) at all times , and (4) the sUASs will remain more than 5 NM from active airports

. Specific goals are as follows:

1. I nspections to exist ing tower structures

– These operations would be conducted in airspace previously reviewed by the FAA for the initial construction of the tower (s) and

would crea te no additional hazard to the NAS

.

2. Precision Photogrammetry and Mapping

– These operations would benefit U.S. agriculture and wildlife management agencies , detecting concerns to crops and aiding in

effective land and species management practices , and storm water damage assessment

.

3. Aerial Imagery of Commercial and Residential Properties

– These operations would

benefit developers and communit y planners

. Property condition inspections would protect home owners and provide fast

- response damage estimates during disasters.

We can e nsure that through the combination of the s UASs ’ light weight s , historically

demo nstrated flight performance, on

- b oard position data collection system, fully qualified flightPetition for Section 333 Exemption , ©2015 North American Robotics Page 2 of 9

personnel, and strict operation under the guidelines established, the FAA can have confidence

that NAR ’ s operation will have an equivalent or greater level of safety than manned aircraft performing the same missions.

A l s o, given the small size of the UAS’s involved and the restricted controlled environment

within which they will operate, the applicant fits within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of small UASs to commence immediately. Also due to the size of the small UASs and

the controlled areas in which the relevant small UASs will operate, approval of the application presents no national security issue. Given the following, the grant of the requested exemptions is clearly in the public interest:

NAR proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for

an exceptional level of safety to operations. These limitations and conditions to which NA R agrees to be bound when conducting commercial operations under an FAA issued exemption including:

1. UAS will weigh less than 55 lbs, typically < 5 lbs.

2. Flights will be operated within visible

- line

- of

- sight ( VLOS ) of P IC

. 3. Maximum total flight time for each operational flight will be 30 minutes.

4. Flights will be terminated at 15% battery power reserve.

4. Flights will be operated at an altitude of no more than 2 00 feet AGL

5. U AS PIC will be trained & certified in the proper safety and operations of the UAS.

6. UA S will only operate within a con trolled area as defined in the p rocedures.

7. UAS P IC will post advisor notice around the controlled area.

8. UAS P IC will r eceive c urrent info on the particular UAS to be operated as required.

9. If the UAS loses any communication s link, it will have capability to return to la unch

. 10. The UAS will have the capability to abort a flight in case of obstacles or emergencies.

The name and contact information of the applicant are:

North American Roboti cs PO Box 818
Prior Lake, MN 55372 Michael Vogt, PhD

952/917

- 9366

m ichael

. vogt@narobotics.usPetition for Section 333 Exemption , ©2015 North American Robotics Page 3 of 9

Regulations from which the exemption is requested are as follows:

14 CFR Part 21

14 CFR 45.23(b)

14 CFR 91.7(a)

14 CFR 91.9(b)(2)

14 CFR 91.103(b)(2)

14 CFR 91.109

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151(a)

14 CFR 91.203(a) & (b)

14 CFR 91.405(a)

14 CFR 407(a) (1)

14 CFR 409(a) (2)

14 CFR 417(a) & (b)

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption

and ar e prepared to modify or amend any part of this request to satisfy the need for an equivalent level of safety . We look forward to working with your office. Please contact us at any

time if additional information or clarifications are needed.

Regards

,

Dr. Michael C. Vogt

CEO Chief Scientist

- North American Robotics

Appendices: A. Exemption Request an d Equivalent Level of Safety

B. Permission FormPetition for Section 333 Exemption , ©2015 North American Robotics Page 4 of 9 

# APPENDIX A

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

N o rth American Robotics [ LLC ] requests an exemption from the following regulations as well as any additional regulations that may technically apply to the operation of its small UAS’s.

14 CFR Part 21, Subpart H: Airworthiness Ce rtificates Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness certificates as required by FAR §91.203(a) (1). Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C. §44701(f)) and Section

333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an analys is of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operat ing with an airworthiness certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs fully loaded ( typically under 10 lbs )

, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels,

and operates exclusively within a controlled area as set out in the Procedures. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator, pursuant to the Procedures requirements. Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substan tial external load.

14 CFR § 45.23 (b). Marking of the Aircraft The regulation requires: 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. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size of the UAS, two

- inch lettering will be imposs ible. The word "Experimental" will be placed on the fuselage in compliance with §45.29(f). The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29(f) where the operator working with the UAS will see th e identification of the UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exempti on s Nos. 10700, 8738, 10167 and 10167 A , and 11783

.Petition for Section 333 Exemption , ©2015 North American Robotics Page 5 of 9

14 CFR §91.7(a): Civil A ircraft A irworthiness. The regulation requires that no person may oper ate a civil aircraft unless it is in airworthy
condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness.

14 CFR § 91.9(b) (2): C ivil Aircraft Flight Manual in the Aircraft. Section 91.9(b) (2) provides: No person may operate a U.S.

- registered civil aircraft ... (2) for which an Airplane or Rotorcraft Flight Manual is not 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. The UAS, given its size and configuration has no ability or place to carry such a flight manual on the

a ircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point where the opera tor flying the UAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 95658, 10167 and 10167A, 10602, 32827,

10700

, and 11783

.

14 CFR § 91.103(b): Preflight A ction

T his regu lation requires that each pilot

- in

- command ( PIC ) shall, before beginning a flight, become familiar with all available information concerning that flight. This information must

include

— (b) for any flight, runway lengths at airports of intended use, and the following takeoff and landing distance information... As FAA approved rotorcraft flight manuals will not be provided for the aircraft and because runways are not needed for takeoff and landing operations, an exemption will be needed. An equivalent level of safety will be provided as set forth in Procedures. The operator will take all actions including reviewing weather, flight battery requirements, landing and takeoff locations and aircraft performance data before initiation of flight.

14 CFR §91.109: F light I nstruction: Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning dual controls. UASs and remotely piloted aircraft, b y their design do not have fully functional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully funct ional dual controls for a number of aircraft and for flight instruction in experimental airc raft. See Exemption Nos.5778K , 9862A

, and 11783 . The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and

b y the size and speed of the aircraft.

14 CFR §91.119: Minimum S afe A ltitudes Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided th e person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. AsPetition for Section 333 Exemption , ©2015 North American Robotics Page 6 of 9

this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, an exemption may b e needed to allow such operations. As set forth herein, except for the limited conditions stated in the Procedures, the UAS will not intentionally
operate at higher than 400 AGL. The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location where it is operated. In addition, the low

altitude operations of the UAS will ensure separation between these small

- UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

14 CFR §91.121: A ltimeter Settings This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "... to the elevation of the departure airport or an appropriate altimeter setting available before departu re." As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Procedures and Safety Check list, confirming

the altitude of the launch site shown on the GPS [ or barometer ] altitude indicator before flight.

14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions Section 91.151(a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (consid ering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

- (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at l east 45 minutes." The battery powering the UAS provides approximately 40 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations on th e UAS's proposed flight area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151(a)). Operating the small UAS, in a tightly controlled area, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes tha t an equivalent level of safety can be achieved by limiting flights to 30 minutes or 15% of battery power whichever happens first. This restriction would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited opera ting area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673,

10808 , and 11783

.

14 CFR §91.203(a) and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in pertinent part: (a) Exc ept 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 require d 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. The UAS fully loaded weighs no more thanPetition for Section 333 Exemption , ©2015 North American Robotics Page 7 of 9

55 lbs and is operated without an on board pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the UAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the
operator flying the UAS will have immediate access to them, to the extent they are applicable to the UAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9 797A, 9816A,

10700 , and 11783

.

14 CFR §91.405(a); 407(a) (1); 409(a) (2); 417(a) & (b): Maintenance Inspections These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E of this part and shall be tween required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter... ," and others shall inspect or maintain the aircraft in compliance with Part 43. Given

that these secti on and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the Procedures. An equivalent level of safety will be achieved because these small UASs are very limited in size and will carry a small payload and operate only in controlled areas for limited periods of time. If mechanical issues arise the UAS can land immediately and wi ll be operating from no higher than 400 feet AGL. As provided in the Procedures, the operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federa l Register, should it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 CFR §21, subpart H; 14 CFR 45.23(b); 14 CFR §§ 61.113(a) & (b); 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); 91.409(a) (2) & 91.417(a) & (b) to operate commercially a small unmanned vehicle (55lbs or less) for the purpose of inspection, monitoring, mapping land vegetation coverage, spatial mapping turbidity and water conditions, photographing attached equipment and engineerin g studies involving communication towers, wind turbine tower facilities and power transmission tower operations. Approval of exemptions allowing commercial operations of UASs will create a level of safety by reducing risk. Conventional tower structure insp ections and associated tasks involve extreme risks to personnel physically climbing such structures and/or utilizing high rise equipment both of which create numerous and extreme risk to such personnel. In contrast, a UAS weighing fewer than 55 lbs and pow ered by batteries eliminates virtually all of that risk. The UAS will carry no passengers or crew and, therefore, will not expose personnel to any of the risks described above. The operation of small UASs, weighing less than 55 lbs, conducted in the strict conditions outlined above, will provide a level of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a controlled environment.Petition for Section 333 Exemption , ©2015 North American Robotics Page 8 of 9

Privacy All flights will occur over private or controlled access property with the property owner's prior consent and knowledge. The granting of this exemption request will provide innov ative safety operations. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

- size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within visual line of sight and national security

- provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of applicant's UAS in and pursuant to the Procedures appended hereto.Petition for Section 333 Exemption , ©2015 North American Robotics Page 9 of 9



# Permission for NAR to Operate on Property

This letter is to provide written per mission for Dr. Michael Vogt and /or designated staff from North
American Robotics (NAR)

, PO Box 818, Prior Lake, MN 55372, to operate small experimental
remote/ control (R/C) , robotic, and unmanned aeri al systems (UAS s) over and around the properties specified below with the specific purpose to gather aerial imagery and sensor data to support res earch and improve small UAS training and operations

.

NAR specializ es in robotics and experimental instrumentation and measurement techniques. NAR have

been developing and testing small remo te

- control and robotic vehicles since 2010

. All aircraft to be operated with be ver y small

– less than 10 lbs (far less than the FAA requirements of 55 lbs).

A pilot

- in

- command (PIC) will be designated and in control of the aircraft at all times. All operations will

be executed within visible

- line

- of

- sight between the aircraft and the PIC. A trained Visual Observer (VO) will also be present when required. The property owner will be notified prior to each day ’ s operations.

By allowing NAR to operate

, NAR will make available high

- resolution [ aerial ] photography and other specialized imagery and sensing data that benefit your company or organization and local environmental

studies , land management, and resource management efforts

. As property owners you will also be able

to initiate requests to NAR for specific missions and imagery. No imagery of o wners ’ property, gathered by NAR, will be used or released without specifi c written permission from o wners

.

In the course of operations, all participating staff will comply with all applicable local, state, and federal laws and regulations. All NAR flights and operations will comply with the rules for Small Unmanned Aircraft Systems ( s UASs ) as described by the U.S. Federal Aviation Administr ation (FAA)

. NAR ’s carries

UAS

- specific liability insurance, and the very small size of the aircraft and their construction of mostly foam and light plastics make possibilities of damage very unlikely . All vehicles an d aircraft will be painted and colored to be highly

- visible for safety, and will be marked with NAR identification

information

.

T he undersigned representatives warrant and aff irm that they have the authority to enter into this permission on behalf of the person, organization, entity

, or corporation listed above their names.

___________________________________________________________________________

By: ____________________

_______ ______ Date: _______________________

Printed name _________________________

Title: __________________________

_____

North American Robotics

By: ____

________________

____________

____ Date: _______________________

Dr. Michael Vogt

Title: President , NAR