August 24, 2015

Exemption No. 12569 Regulatory Docket No. FAA

− 20 15

− 2409

Mr. William V. O’Connor

Mr. William D. Janicki Counsel for Airphrame Inc.
Morrison and Foerster LLP
12531 High Bluff Drive San Diego, CA 92130

Dear Messrs. O’Connor and Janicki :

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

By letter dated May 3 0, 2015 , you petitioned the Federal Aviation Administration (FAA) on
behalf of Ai rphrame Inc

. ( hereinafter petitioner or operator ) for an exemption . The petitioner requested to operate an unmanned ai rcraft system (UAS) to conduct aerial data collection

.

See Appendix A for the petition submitted to the FAA des cribing the proposed operations and
the regulations that the petitioner seeks an exemption

.

The FAA has determined that good cause e xists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner

.

Airworthiness Certification

The UAS proposed by the petitioner are the 3D Robotics Iris+ and DJI Phantom 2

.

The petitioner requested relief from 14 CFR part 21, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates

. In accordance with the statutory criteria provided in Section 333 of P ublic Law 112

− 95 in reference to 49 U

. S

. C

. § 44704, and in2

consideration of the size, weight, speed, and limited operating area associated with the
aircraft and its operation, the Secre tary of Transportation has determined that this aircraft
meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from

14 CFR part 21

, C ertification procedures for products and parts, Subpart H

— Airworthiness Certificates , an d any associated noise certification and testing requirements of part 36, is

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection 1

. The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grants of Exemption No s

. 11062 to Astraeus Aerial ( see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 20 14

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA−2014−0382), and 11213 to Aeryon Lab s , Inc. ( see Docket No. FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifications described by the peti tioner and carrying no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the public i nterest.

Having reviewed your reasons for requesting an exemption, I find that

—

 They are similar in all material respects to relief previously requested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213 ;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, Airphrame Inc

. is granted an exempti on from 14 CFR §§ 61.23(a) and ( c ), 61.101(e)(4 ) and (5), 61.113(a), 61.315(a) , 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. This exemption is subject to the conditions and limitations listed below.

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement (part iculate measurement, etc.), or any other gathering of data by
instruments aboard the UA.3

Conditions and Limitations

In this grant of exemption, Airphrame Inc

. is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the 3D Robotics Iris+
and DJI Phantom 2 when weighing l ess than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption

.

2. Operations for the purpose of closed

- set motion picture and television filming are

not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds gre ater than the maximum UA operating airspeed recommended by the
aircraft manufacturer.

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

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airman medical certificate or
U.S. driver’s license.

6. All operation s must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times ;

e lectronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating
documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in this exemption and the proced ures outlined in the operating documents,4

the conditions and limitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operati ng documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it peti tions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemptio n. The FA A’s UAS Integration Office (AFS− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g

. , replacement of a flight critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at
least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre

- flight inspection and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g.

, inoperable components, items, or equipment. If the

i nspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and
aircraft components.

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

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, 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 Col u mbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight revi ew requirements specified in

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.5

14. The operator may not perm it any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from pers ons, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (traini ng, proficiency, and experience

- build ing) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedic ated training sessions. During
traini ng, proficiency, and experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accord ance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbo l as denoted on the current

FAA

- publi shed aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available
to the Administrator or any law enforcement official upon request.

17. The UA 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.

18. If the UAS loses communications or loses it s GPS sign al, the UA must return to a

pre

- determined location within the pr ivate or controlled

- access property.

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

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

21. Air Traffi c Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be cond ucted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA

.6

22. All aircraft operated in accordance with this exemption must be identified by serial

num ber, registered in accordance with 14 CFR part 47, and have identification (N− Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcem ent official upon request.

24. The UA must remain clear and give way to all manned aviation operations and
activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

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

a. Barriers or structures are present that sufficiently protect nonparticipating persons
from the UA and/or debris in the event of an accident. The operator must ensure
tha t 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 in a manner ensuring the safety of nonparticipa ting persons ; and
b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

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

27. All operations shall be conducted over private or control led

- access property with permission from the prop erty owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vert ical boundaries of the operational area as defined by the applicable COA must be reported
to the FA A's UAS Integration Office (AFS− 80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions
containe d on the NTSB Web site: www.ntsb.gov

.7

If this exemption permits operations for the purpose of closed

- set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities t o the local Flight Standards District Office (FSDO) with jurisdiction over the a rea of proposed filming. The 3

- day notification may be waived with the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times fo r all flights;
b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of th e person responsible for the on

- scene operation of the UAS;
d. Make, model, and serial or N− Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;
f. A statement that the operator has obtained permission from property owners and/or local officials to conduct the filming production event; the list of those who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and
h. A description of the flight activity, including maps or diagrams of any area, city, town, county, and/or state over which filming will be conducted a nd the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

U nless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with all applicable parts of 14 CFR including, but not limited to,
parts 45, 47, 61, and 91.8

This exemption terminates on August 31, 2017 , unle ss sooner superseded or rescinded.

Sincerely,

/s/
John S. Duncan Director, Flight Standards Service

Enclosuressd-661048 Writer’s Direct Contact

+1 (858) 720.7932
WOConnor@mofo.com 12531 HIGH BLUFF DRIVE
SAN DIEGO, CALIFORNIA

92130-2040

TELEPHONE: 858.720.5100

FACSIMILE: 858.720.5125

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May 30, 2015

U.S. Department of Transportation Docket Operations, M-30 1200 New Jersey Avenue, SE Room W12-140, West Building Ground Floor Washington, DC 20590-0001

Re: Petition of Airphrame Inc. for an Exem ption Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 to Operate an Unmanned Aircraft System

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Moderniz ation and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Airphrame Inc. hereby applies for an exemption from the Federal Aviation Regulations identified below to allow for the commercial operation of the
3D Robotics Iris + and the DJI Phanto m 2 for aerial data collection.

Airphrame requests that the FAA review this petition pursuant to its “summary grant” process. The UAS operations in this petition are similar in all material respects to relief previously granted by the FAA in Gran t of Exception Nos. 11062, 11109, 11112, and 11213. The reasons stated by the FAA in granting the exemptions listed above also apply to this petition, and the grant of this pe tition is in the public interest.

I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED

Airphrame requests exemption fr om the following regulations:

 14 C.F.R Part 21, Subpart H;

 14 C.F.R Part 27;

 14 C.F.R § 45.23(b);

 14 C.F.R. § 45.27(a);

 14 C.F.R § 61.113;

 14 C.F.R § 91.7(a);

 14 C.F.R § 91.9(b)(2);

 14 C.F.R § 91.9(c);

 14 C.F.R § 91.103;

 14 C.F.R § 91.109(a);

 14 C.F.R § 91.119;

 14 C.F.R § 91.121;

 14 C.F.R § 91.151(a) & (b)U.S. Department of Transportation Page Two

2  14 C.F.R § 91.203 (a) & (b);

 14 C.F.R § 91.405(a);

 14 C.F.R § 91.407(a)(l);

 14 C.F.R § 91.409(a)(2);

 14 C.F.R § 91.417 (a) & (b).

This petition incorporates the material contained in the, Iris Operation Manual, Iris Flight Checklist, the DJI Phantom 2 User Ma nual (together, the “Manuals”).

II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS

This petition for exemption is submitted in a ccordance with Section 333 of the Reform Act. Congress has directed the FAA “to safely acce lerate the integration of civil unmanned aircraft systems into the national airspace syst em.” Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit opera tion of an unmanned aircraft system (“UAS”)
where it does not create a hazard to users of the national airspace sy stem (“NAS”) or the public or pose a threat to national security based on the following considerations:

 The size, weight, speed a nd operational capability;

 Operation in proximity to air ports and populated areas; and

 Operation within visual line of sight of the operator.

Furthermore, the Federal Aviation Act grants the FAA Administrator authority to grant exemptions from safety regulations and mini mum standards when the Administrator decides an exemption is in the public interest. 49 U.S.C. §§ 106(f), 44701-44716, et seq . A party requesting an exemption must explain the reas ons 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. 14 C.F.R. § 11.81.

III. DESCRIPTION OF AIRPHRAME AND ITS SERVICES

Airphrame provides aerial data capture serv ices including aerial mapping and imaging primarily for the engineering and insurance industries. Airphrame is located in San Francisco, California.

Airphrame Corp. 25 Taylor St. San Francisco, CA 94102 Tel. (415) 857-5387 C/O William V. O’Conno r William D. Janicki Morrison & Foerster LLP 12531 High Bluff Drive San Diego, CA 92130 Tel (858) 720-5100 WOConnor@mofo.com WJanicki @ mofo.comU.S. Department of Transportation Page Three

3 IV. DESCRIPTION OF PROPOSED OPERATIONS

Airphrame is requesting exemptions from app licable Federal Aviation Regulations (FARs) pursuant to Section 333 of the Reform Act to perform aerial imagery and data collection primarily for the engineering and insurance industries.

This type of aerial imagery and data collecti on is typically performed by helicopter or fixed wing aircraft. Use of a UAS will reduce sa fety risks because the UAS will not carry flammable fuel or a pilot, and UAS operations can be performed at considerable savings. The UAS will also allow for better imagery than can be produced by using a helicopter or fixed wing aircraft.

A. Aircraft to be Operated

Airphrame will operate two aircraft: the 3D R obotics Iris + (“Iris”) and the DJI Phantom 2 (“Phantom”) for aerial imaging and data collection operations.

1. 3D Robotics Iris +

The FAA has already approved the Iris for commercial use in FAA Exemption No. 11419 (FAA Docket No. FAA-2015-0185) and FAA Exemption No. 11273 (FAA Docket No. 2014-0913). The Iris is a battery powered quadc opter UAS with a maximum weight of less than five pounds and a flight time of up to 22 mi nutes. The Iris is shown in Figure 1 below.

Figure 1– 3D Robotics Iris +

The Iris is more fully described in the 3D Robotics Iris + Operation Manual.U.S. Department of Transportation Page Four

4 2. DJI Phantom 2+ H4-3D

The FAA has already approved the Phantom for commercial use in FAA Exemption No. 11560 (FAA Docket No. FAA-2015-0417) and FAA Exemption No. 11553 (FAA Docket No. 2015-0376). The Phantom is a battery powered quadcopter UAS with a maximum weight of less than five pounds and a flight ti me of up to 25 minutes. The Phantom is shown in Figure 2 below.

Figure 2– DJI Phantom 2+ H4-3D

The Phantom is more fully described in th e DJI Phantom 2+ H4-3D User Manual.

B. Airphrame’s Proposed Operations Demonstrate an Equivalent Level of Safety

1. General Description of Proposed Flight Operations

Airphrame proposes to operate within the limitations and performance specifications listed in
the Manuals and described in this petition. These limitations provide for at least an equivalent, or higher, level of safety for operations under th e current regulatory structure because the proposed operations are safer than conventional operations using helicopters or fixed wing aircraft which carry an operator and flammable fuel. The proposed flight operations are similar in all material respects to operations already approved by the FAA and are therefore subject to the FAA’s “summary grant” process.

The proposed operations do not create any hazard to users of the national airspace system or pose a threat to national security. The aircraft is battery operated with a flight time of up to 22 minutes. The vehicle weighs less than 5 pounds . The vehicle will be operated at or belowU.S. Department of Transportation Page Five

5 400 feet AGL within the visual line of sight of the pilot in command. Airphrame’s operations will be over private or controlled access property with the permission of the
owner/controller or authorized agent.

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The proposed UAS carries no fuel, and therefore th e risk of fire following an incident or accident due to fuel spillage is eliminated. Compared to manned aircraft, the UAS being operated by the petitioner reduces the risk to pa rticipating persons in close proximity to the aircraft due to the limited size, weight, ope rating conditions, and design safety features.

The FAA has determined that the risk of not having an electronic means to monitor and communicate with other aircraft, such as tran sponders or sense and avoid technology, is mitigated by placing limits on altitude, requi ring stand-off distance from clouds, permitting daytime operations only, and requiring that the ai rcraft be operated within visual line of sight and yield right of way to all other manned operations.

The petitioner’s aircraft has the capability to operate safely after experiencing certain inflight failures, as specif ied in the Manuals. The aircraft is also able to respond to a lost-link event with a pre-coordinated, predicta ble, automated flight maneuver.

2. Specific Limitations on Proposed Flight Operations

Given the small size involved, the restricted environment within which it will operate, the procedures listed below, and pilot certif ication requirements, Airphrame’s proposed operations using the Iris would “ not create a hazard to users of the national airspace system or the public or pose a threat to national s ecurity.” Reform Act Section 333(b)(1).

1. The aircraft weigh less than 5 pounds.

2. Each aircraft will be identified by serial number, registered with the FAA, and have identification (N-N umber) markings as large as practicable.

3. Flights will be operated within visual line of sight of the pilot in command (PIC).

4. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by PIC.

5. The PIC will ensure that before each flight, there is enough available power for the UAS to conduct the intended opera tion and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.U.S. Department of Transportation Page Six

6 6. The aircraft will be operated during daylight and in VFR conditions.

7. Flights will not exceed 400 feet AGL.

8. Flights will be operated at a lateral di stance of at least 500 feet from any persons or property not associated wi th the operation who have not given prior permission.

9. Flights will be limited to a groundspeed of 100 mph.

10. Minimum crew for each flight will consist of a PIC and an Observer.

11. The PIC will hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC will also hold a current FAA
airman medical certificate or a valid U.S. driver’s license issued by a state or
the Federal Government. The PIC w ill also meet the flight review requirements specified in 14 CFR § 61.56.

12. Prior to the flight, a Missi on Plan will be created setting forth the limitations for the flight as well as contact information for the PIC.

13. The flight operations will yield the ri ght of way to other manned aircraft operations.

14. All persons who are not involved w ith Airphrame’s operations will be required to be at least 500 f eet from flight operations.

15. The aircraft will only operate over privat e or controlled access property with the permission of the owner/cont roller or authorized agent.

16. The UAS will not operate within 5 nautical miles of an airport unless a letter of agreement is obtained.

17. All required permissions and permits will be obtained from territory, state, county or city jurisdic tions prior to flight.

18. Prior to commencing operations, Airphrame will obtain a Certificate of Waiver or Authorization (COA) from the FAA.

19. If the aircraft loses communications, it wi ll have the capability to return to a pre-determined location within the operational area and land.

20. If the aircraft loses its GPS signal it will have the capability of being flown manually to a predetermined location w ithin the operati onal area and land.U.S. Department of Transportation Page Seven

7 21. The flight will be aborted in case of unpredicted obstacles or emergencies.

22. UAS operations will be conducted within the parameters of the Manuals.

3. Flight Recovery, Lost Communications, and Lost GPS

Procedures

The flight recovery, lost communications, and lost GPS procedures are more fully
documented in the attached UAS Manuals.

V. SPECIFIC FAR EXEMPTIONS REQUESTED

Airphrame seeks an exemption from several inte rrelated provisions of 14 C.F.R. Parts 21, 45, 61, and 91 for purposes of conducting the requeste d operations using the Iris. Listed below are (1) the specific FAR sections for which exemption is sought, and (2) the operating procedures and safeguards that Airphrame has esta blished which will ensure a level of safety better than or equal to the rules from which exemption is sought. See 14 C.F.R. § 11.81 (e).

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 appli cation. These criteria are met with this petition, and therefore no exemption is needed. See Grant of Exemption No. 11062, Docket No. FAA 2014-0352 at 13-14, 22. If, however, the FAA determin es that there are some characteristics
of the Iris or the Phanotm that fail to meet th e requirements of the Reform Act, an exemption is requested.

Equivalent Level of Safety : The Iris and the Phantom are safe when taking into account its size, weight, speed, and operational capability. It weighs less than 5 pounds and will be flown at speeds less than 100 miles per hour, and in visual line of sight of the operator. The UAS does not carry pilots, passeng ers, explosive materials, or flammable liquid fuels. The UAS will be operated within the parameters of the Manuals.

The proposed operations will be at least as safe as, or safer than, conventional rotorcraft or fixed wing aircraft operating with an airworthiness certificate without the restrictions and conditions proposed here.U.S. Department of Transportation Page Eight

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

14 C.F.R. Part 27 sets forth the procedural re quirements for airworthin ess certification of normal category rotorcraft. To the extent the Iris or the Phantom will otherwise require certification under Part 27, Airphrame seeks an exemption from Part 27’s airworthiness
standards for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart H.

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

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-spor t category aircraft or experimental or provisionally certificated aircra ft, the operator must also di splay on that aircraft near each entrance to the cabin, cockpit, or pilo t station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light-sport,” “experimental,” or “provi sional,” as applicable.

14 C.F.R. § 45.27(a) states:

Rotorcraft. 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.

14 C.F.R. § 91.9(c) states:

No person may operate a U.S.-registered civil ai rcraft unless that aircraft is identified in accordance with part 45 of this chapter.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements was warranted provided that th e aircraft “have iden tification (N-Number) markings in accordance with 14 CFR part 45, S ubpart C if the markings are “as large as practicable.” See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 14.

Equivalent Level of Safety : Airphrame will mark all Iris and Phantom aircraft with their NNumber in a prominent spot on the fuselage with markings that are as large as practicable.

D. 14 C.F.R. § 61.113: Private Pi lot Privileges and Limitations

Airphrame seeks exemption from 14 CFR § 61.113, which restricts private pilots from flying aircraft for compensation or hi re and would also require a se cond class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches theU.S. Department of Transportation Page Nine

9 airspace in which the PIC will be operating, as we ll as requiring certifications if the pilot is carrying passengers or cargo for hire.

While the UAS will be operated as part of a commercial operation, it will carry neither passengers nor cargo. In the Grant of Ex emption No. 11062, FAA Docket No. FAA-2014- 0352, the FAA determined that the unique ch aracteristics of UAS operation outside of controlled airspace did not warrant the additi onal cost and restric tions attendant with requiring the PIC to have a commercial pilot cer tificate and a class II me dical certificate. The FAA has also determined that the require d knowledge for a commerci al pilot covers the same fundamental principles as a private pilot.

The FAA has also recently granted exempti ons allowing operations by people who hold an airline transport, commercial, pr ivate, recreational, or sport pi lot certificate with a current
FAA airman medical certificate or a valid U.S. driver’s license issued by a state or the
Federal Government. The PIC must also meet the flight review requirements specified in 14 CFR§ 61.56. See FAA Exemption No. 11374.

Airphrame will ensure the PIC will meet the re quirements listed in the above paragraph. Airphrame will also ensure the PIC will ha ve completed the manufacturers’ training guidelines outlined in the Manuals.

The FAA stated in its grant of an exception to Astraeus Aerial the “the FAA considers the overriding safety factor for the limited operatio ns proposed by the petitioner to be the airmanship skills acquired through UAS-specific f light cycles, flight time, and specific make and model experience, culminating in verification through testing.” See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 18. The proposed operations can achieve an equivalent level of safety by requiring the knowledge and experience in Iris and Phantom operations described above.

The restrictions Airphrame has placed on its UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA-2014-0352 and those approved in the FAA’s “summary grant” process.

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

Airphrame seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. Th e FAA has stated that no exemption is required to the extent that the requirements of Part 21 are waived or found ina pplicable. Accordingly, Airphrame requests that the requirements for Section 91.7 be treated in accordance with FAR Part 21 Subpart H. See Grant of Exemption No. 11062, p. 19.U.S. Department of Transportation Page Ten

10 F. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft; 14 C.F.R. §§ 91.203(a) and (b): Carrying Civil Aircraft
Certification and Registration

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 Rotorc raft Flight Manu al is required by § 21.5 of this chapter, un less 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 curren t airworthiness certificate....

(b) No person may operate a civil aircra ft unless the airwor thiness certificate required by paragraph (a) of this secti on or a special flight authorization issued under § 91.715 is displayed at the cab in or cockpit entr ance so that it is legible to passengers or crew.

Airphrame does not request an exemption from th is section but instead notifies the FAA that,
in accordance with FAA Office of Chief C ounsel’s Opinion dated August 8, 2014, the UAS flight manual, registration certificate and othe r documentation will be kept at the control station with the PIC during flight. The Chie f Counsel’s Office has held that for all UAS operations, this alternate method constitute s full compliance with the regulations. See also Grant of Exemption No. 11062, pp. 19-20, and Grant of Exemption No. 8607.

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

Airphrame 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 FAA-approved Flight Manual on board the aircraft. The aircraft will not have a Flight
Manual on board. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performa nce data before initiation of flight. Under these circumstances, the FAA ha s stated that no exemption is required. See Grant of Exemption No. 11062, p. 20. An exemption is requested to the extent that an FAAapproved Flight Manual is required.U.S. Department of Transportation Page Eleven

11 Equivalent Level of Safety: An equivalent level of safety will be provided by following the Manuals. The PIC will take all required preflight actions—including performing all required checklists and reviewing weathe r, flight requirements, batte ry charge, landing and takeoff distance, aircraft performance data, and c ontingency landing areas —before initi ation of flight. The Manuals will be kept at the ground station wi th the operator at all times.

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

Airphrame seeks an exemption from 14 C.F.R. § 91.109(a), which provides that “[n]o person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully f unctioning dual controls.” UAS and remotely piloted aircraft, by their design, do not have func tional dual controls. In stead, flight control is accomplished through the use of the Ground Control Station (GCS) that communicates
with the aircraft via radio communications.

Equivalent Level of Safety: When flight instruction is performed, no pilots will be on board
the aircraft and the GCS will be a safe distan ce from the aircraft and the public, causing no safety hazard. Given the size a nd speed of the UAS, an equivale nt level of safe training can
still be achieved without dual controls because no pilot or passengers are aboard the aircraft, and all persons will be a safe distance away in the event that the aircraft experiences any difficulties during flight instruction. In addi tion, Airphrame will conduct flight training at a remote facility away from popul ation centers. These training flights will comply with the provisions in the Manuals. Accordingly, Airphrame’s proposed method of operation provides superior le vels of safety.

I. 14 C.F.R. § 91.119(c): Minimum Sa fe Altitudes in Uncongested
Areas

Airphrame requests an exemption from the minimu m safe altitude requirements of 14 C.F.R. § 91.119(c). Section 91.119(c) prescr ibes that an aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or st ructure. The Manuals provide for Airphrame operations to be conducted at least 500 feet fr om persons and structures not involved in the operations. The FAA has already determined that relief from Section 91.119(c) is warranted for UAS operations in uncongested areas with si milar flight re strictions as those imposed by Airphrame. See Grant of Exemption No. 11062, p. 20-21.

Equivalent Level of Safety: Compared to flight operations with rotorcraft or fixed wing aircraft weighing far more than the maximum we ights proposed herein, and given the lack of flammable fuel, any risk associated with these op erations is far less than those that presently exist with conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well as the locations where it is operated. In order to avoid any risk to aircraft, flight operations wi ll be restricted to 400 feet AGL or below.U.S. Department of Transportation Page Twelve

12 Other aircraft are already prohi bited from operating closer th an 500 from structures where Airphrame proposes to operate. This is ai rspace where other aircraft do not normally operate. As set forth in the Manuals and herein, the UAS will be operated away from persons or structures not invol ved in the operation. All pers ons who are not involved with Airphrame’s operations will be required to be at least 500 feet from flight operations. This will pose no risk to the public because othe r aircraft are not operating in these areas.

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

This petition seeks an exemption from 14 C. F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight le vel by reference to an altimeter that is set to the elevation of the depart ure airport. The UAS proposed uses both barometric pressure sensors and GPS to determine altitude but does not have the ability to set in a current altimeter setting. An exemption is required to the extent that the UAS does not have a barometric altimeter setting. The altitude of the UAS is monitored by the PIC on the ground control station and by th e visual observer.

Equivalent Level of Safety: The FAA has stated that an e quivalent level of safety can be achieved if the aircraft will be operated at orbelow 400 feet AGL and within visual line-ofsight in addition to GPS-based altitude info rmation relayed in real time to the operator. See Grant of Exemption No. 11062, p. 20-21. As the at tached Manuals indicate, the UAS will be operated at or below 400 feet AGL and otherwise comply with the limitations in the Grant of Exemption No. 11062.

K. 14 C.F.R. § 91.151(a): Fuel Requi rements for Flight in VFR
Conditions

Airphrame 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 c onditions) there is enough fuel to fly to the first point of intended landi ng 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 th at for at least 45 minutes.

Here, the technological limitations on the UAS battery power means that no meaningful flight operations can be conducted while still ma intaining a 30 minute reserve. The Iris and the Phantom aircraft are battery powered with a maximum flight time of up to 22 minutes. The PIC will ensure that before each flight, there is enough available power for the UAS toU.S. Department of Transportation Page Thirteen

13 conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by th e manufacturer if greater.

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety is provided if the UAS flight is conducted under daytime VFR f light conditions using VLOS,
and terminated with at least 25% re serve battery power still available. See Grant of Exemption No. 11062, p. 21-22. The FAA’s “summary grant” process provides that the PIC is prohibited from beginning a flight unless th ere is enough available power to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater. See FAA Exemption No. 11374 (FAA Docket No. 2015-0091 at p. 5). The Manuals here provide that the PIC will ensure that before each flight, there is enough available power for th e UAS to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.

L. 14 C.F.R. §§ 91.405(a) , 91.407(a)(l), 91.409( a)(2); 91.417(a) and (b): Maintenance Inspections

Airphrame seeks an exemption from the mainte nance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations specify maintenance and inspection standard s 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 airc raft “[s]hall have the aircraft inspected as prescribed in s ubpart E of this part and sha ll between required inspections ... have discrepancies repaired as pr escribed 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 th e UAS proposed here will not have.

Equivalent Level of Safety: An equivalent level of safety will be achieved because maintenance and inspections will be performe d in accordance with the Manuals. This includes maintenance, overhaul, replacement, and inspection requirements for the aircraft.

See Exemption No. 11062 (FAA Docket No. 2014- 0352, at p. 14-15) and FAA Exemption No. 11374 (FAA Docket No. 2015-0091, at p. 4).

Airphrame will follow the UAS manufacturer’s maintenance requirements. As provided in the Manuals, flights will not be conducted unless a flight opera tions checklist is performed
that includes all of the ai rcraft’s components.

VI. PUBLIC INTEREST

Granting Airphrame’s petition for exemption furthe rs the public interest. National policy set by Congress favors early integration of UAS into the NAS in controlled, safe working environments such as proposed in this petition. By granting this peti tion, the FAA will fulfillU.S. Department of Transportation Page Fourteen

14 Congress’s intent of allowing UAS to operate safely in the NAS before completion of the rulemaking required under Section 332 of the Reform Act.

Moreover, use of UAS will improve efficiency and reduce costs for Airphrame’s customers by reducing the time and expense necessary to collect aerial imagery. The use of the UAS proposed here will also decrease safety-related incidents involving traditional aircraft. The public has an interest in reduci ng the hazards and emissions asso ciated with alternate use of helicopters and small airplanes to co nduct similar imaging operations.

Airphrame’s intended uses for the UAS will have real-world benefits for the engineering and insurance industries and the public by reducing the costs and enha ncing the safety of aerial imaging and data collection.

VII. PRIVACY

All flights will occur over private property e ither owned by Airphrame or with the owner’s consent. All flights will be conducted in acco rdance with any federal, state or local laws regarding privacy.

VIII. SUMMARY FOR FEDERAL REGISTER

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determ ined that publication is needed:

Airphrame Inc. seeks an exemption from the fo llowing rules for the commercial operation of a small unmanned aerial system to inspect wind turbine blades and towers for the renewable energy industry: 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.11 3; 14 C.F.R § 91.7(a); 14 C.F. R § 91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109(a) ; 14 C.F.R § 91.119; 14 C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the operator, the general public and property owners from the substantial hazards associated with performing equivalent work using conventional aircraft and rotorcraft.

Airphrame requests that the FAA grant this pet ition using the “summary grant” process such that publication in the Federal Register is not required. This petition would not set a precedent, and any delay in acting on this peti tion would be detrimental to the petitioner.U.S. Department of Transportation Page Fifteen

15 IX. ATTACHMENTS

Attachment 1: Iris Operation Manual Attachment 2: Iris Flight Checklist
Attachment 3: Phantom 2 User Manual

X. CONCLUSION

Satisfaction of the criteria pr ovided in Section 333 of the Reform Act—size, weight, speed, operating capabilities, proximity to airports and populated areas, operation within visual line of sight, and national security considerations—p rovides more than adequate justification for the grant of the requested exemptions to permit Airphrame to operate the Iris and the Phantom as proposed here. Furthermore, this petition warrants review by the FAA under the “summary grant” process for immediate approval.

Granting the requested exemption will benefit th e public interest as a whole in many ways, including (1) significantly improving safety and reducing risk by alleviating human exposure to danger; (2) improving the quality of services Airphrame can provide to its customers; and (3) decreasing operating costs compared with traditional aerial imaging

Respectfully submitted,
Morrison & Foerster LLP Counsel for Airphrame Inc.

By
William V. O’Connor
William D. Janicki
Morrison & Foerster LLP 12531 High Bluff Drive, Suite 100 San Diego, CA 92130-2040 Telephone: (858) 720-5100 Facsimile: (858) 720-5125
woconnor@mofo.com wjanicki@mofo.com